No Silver Bullet

Lately I’ve been besieged with a flurry of well written motions that are intended to knock out the pretender lender in one punch. People are asking whether there is one single motion that could just end it all. The answer of course is anything is possible. For the past two years, pro se litigants and lawyers merely had to file some simple motion like “show me the note” or motion to dismiss for lack of jurisdiction, or motion to dismiss for lack of standing, and a variety of other grounds. These grounds are still valid, but the sophistication of the opposition has improved and expanded in these two years. Thus more and more people are being met with an aggressive answer to their challenge. If you really want a chance at winning you must be well-versed in the facts of your case, obtain a forensic review, send the appropriate statutory challenges, and press the opposition on who they think they are, what they are doing and why.

For people who are expecting the pretender lender to pack up and disappear, as they have been doing the last couple of years when met by a real challenge from a homeowner, I would say stop expecting that result. They may not be ready to let cases go up on appeal, but they will press you to the wall until the very last minute before you get a deal you can accept out of them.

In the current environment, there are hundreds of lawyers now who are getting on board with understanding at least parts of securitization, using forensic auditors, and even expert witnesses. Judges too are getting the point as they learn more about securitization. While the environment for pro se litigation was especially favorable for the last 2 years, it appears the tide is turning. You need consultation and probably representation with a competent, licensed attorney who can advise you on bankruptcy options, Federal Court, State Court and administrative actions. This might, and probably would involve several different lawyers.

So the answer to the question is “NO” there is no silver bullet, but “YES” all these motions are on point, helpful and if a competent argument can be made in court after appropriate legal research, they are just as good as they ever were. But the pretender lenders are increasingly hiring lawyers who also “get it” and they will try every procedural trick in the book to defeat you. That is their job.

Tags: borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, lost note, predatory lending, rescission, securitization
Posted in bubble, Eviction |