BIAS AGAINST HOMEOWNERS — Why Homeowners Don't Get Respect

INVERTING CREDIBILITY

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Tonight Charles Marshall is on to discuss one of his favorite if unpleasant topics: Institutional Bias in the foreclosure arena directed at Homeowners. There are many layers and associated pieces to this situation, which I will discuss on the show:

– Institutional bias of the lenders, servicers, securitized trusts, sale’s trustees, etc;

– institutional bias of the alphabet soup Government agencies inclulding the CFPB, FTC, State and County Bar associations, etc;

– institutional bias of the courts and associated judges and clerks;

Finally, we will cover implications of these biases for the homeowner in foreclosure and what to do about it.

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EDITOR’S NOTE: This is why I have suggested that a judge be subject to voir dire before trial begins. As the trier of fact they are in essence a juror. If the triers of fact assume that banks know what they are doing and wouldn’t lie they are then, by definition, assuming that the homeowner must be lying.

The entire problem is judicial assumptions and presumptions that come not from law but bias.

The question is whether they are aware of the fact that in settlements worth more than 1/2 Trillion dollars the banks have admitted at the very least that they “might” have fabricated, forged, robosigned documents that mislead the courts and the homeowners.  They have also admitted that they have screwed up the modification process, so settlement in most cases is out of the question. In a litigation world in which 85% of all cases are settled why is the percentage of foreclosure settlements in single digits?

My first question to Charles is why would a judge apply presumptions that are fundamentally based on credibility when the party seeking to enjoy the relief of presumptions has demonstrated a decades long track record of lying?

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