Tonight! Is Foreclosure Defense on Life Support?The Neil Garfield Show 6pm EDT

Nov 1, 2018

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All foreclosure cases are on life support. In all cases you need to do the proper investigation, analysis and legal research. But the key component is persuasive presentation. In banks vs. homeowner the banks win on persuasive presentation. Tonight we talk about how to lose and how to win.

The banks start off with a case that cannot be won if all facts were known and applicable law was used. The banks do it by sending in lawyers with carefully worded scripts to give the impression that this a standard foreclosure for nonpayment of a debt. They have memorandums of law and cases (they rarely cite to statutes) that create the illusion that (a) the foreclosure is inevitable and (b) the homeowner is trying to buy time or get some undeserved leverage.

The homeowner usually spends all their time and money collecting facts and getting snippets of analysis off the internet. Neither they nor their lawyers spend any quality time on presentation. As a result the defense is what I call a “yes but” defense. As soon as you say yes you are buried. The “but” means nothing. And that is how the case ends up on life support.

The homeowner can get off of life support and put the banks on their heels only by knowing and believing that the foreclosing parties either don’t exist and/or don’t own the loan, debt, note or mortgage. Knowing and then acting on that knowledge is the key to a successful foreclosure defense. Under intense scrutiny the case for foreclosure is sufficiently undermined to make it impossible for a judge to rule in favor of the foreclosure sale.

Yes you have bias, but bias can be overcome and frequently is overcome when inconsistencies are revealed in a persuasive manner that makes the judge uncomfortable, in this particular case, to rule on bias.

Here is how to lose: conspiracy theories, disorganized presentation leaving the judge guessing what you mean, default, failure to follow court order, failure to file motions when the opposition fails to follow court order or rules of civil procedure, failure to object, failure to follow up on cross examination, and the big one, failure to know and understand the case against you.

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