Finding a Lawyer to Defend Foreclosure

Oct 15, 2019

Most lawyers have dropped out of the game because they don’t know how to win or make money. No loss to homeowners who really want to contest a foreclosure based upon lies and fabricated documents.

Foreclosure experience is NOT necessary. Trial skills and experience conducting trials (especially jury trials) are best. Personal injury lawyers usually possess these skills.

All that is needed is a lawyer who is willing to admit he/she might not know everything and who is open to the possibility that the foreclosure is based upon lies and fabricated/forged documents.

Avoid lawyers who demonstrate a belief that you are getting a free ride. They will never put their heart into it.

Lawyers don’t owe you anything. They are under no obligation to talk with you or do anything for you. Yes they are part of the legal system but they didn’t put you in your current position.

They cannot, under the disciplinary rules, take a case on contingency for two reasons:

(1) the lawyer cannot contract for a contingency that is adverse to the interest of his/her client. The common contingency fee is 40% of the value received. That could be your house unless you have assets that would cover the fee. The lawyer’s interest in the house would be adverse to your own.

(2) The final settlement, verdict or judgment rarely includes an award of damages although it would be more common if lawyers pursued it. So asking a lawyer to accept the case on contingency is equivalent to asking the lawyer to work for free.

Fees vary from lawyer to lawyer and venue to venue. I generally charge $650 per hour because of nearly 43 years of trial experience, 50 years of investment banking experience, and my status as an expert witness on investment banking and securitization of debt. In New York I would be charging $2,000 per hour, which includes every waking moment I give thought to a case. I don’t believe any lawyer charges less than $200 per hour and if he/she did they would be valuing their services under market which might be what they are worth.

I have mostly retired from the courtroom with the exception of certain legacy cases. But you don’t need me to try your case. Most decent trial lawyers charge between $350-$450 per hour. If a proper affirmative defense or counterclaim is filed within the period of time allowed by the statute of limitations there is a possible award of fees and some lawyers are willing to take a chance on that as long as part of their fees are paid by the client.

The principal problem in finding a lawyer seems to be that homeowners have just enough knowledge to not make sense to a prospective lawyer and then get angry that the lawyer was unwilling to go to bat for them. If you walk in with a comprehensive case analysis and recommendations on strategies and tactics then the lawyer does not need to think about rummaging through a bunch of facts and document to find a defense.

Your job as homeowner is to get the lawyer to come to the phone and join a conference call with me or any number of other lawyers who have won foreclosure cases for homeowners. It sells itself if the lawyer sees a payday and a good chance to win — a 65% chance if you are willing to pay him to go the distance.

ONLY A COURT ORDER ISSUED BY A STATE OR FEDERAL COURT CAN STOP A FORECLOSURE SALE OR EVICTION. CONSULT WITH LOCAL COUNSEL ON ALL MATTERS.

Failure to challenge the foreclosure in a court of competent jurisdiction will ordinarily result in a sale of your property.

Nothing contained herein should be considered definitive and you should not use this email as a substitute for getting advice from a lawyer who is licensed to practice law in the jurisdiction in which the property is located.

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