Homeowners' Rules of Engagement by Garfield

Mar 9, 2023

Just to reiterate the strategy I wish to promote (because it has been 65%-80% successful), the rules of engagement are as follows:

Attack as soon as possible — even as early as post closing.
Demand the identity of a creditor who has created an unpaid loan account memorializing a “loan” transaction. (FDCPA-DVL and RESPA-QWR)
If procedurally late, consider bankruptcy chapter 13 with an adversary lawsuit.
Relentlessly pursue corroboration that the designated claimant is in fact making a claim by seeking a sworn statement from an officer or employee of the claimant (not the servicer).
Relentlessly pursue discovery
1. Interrogatories
2. Requests for production: copy of unpaid loan account receivable on the books of the designated creditor.
3. Requests for admission
4. Motion to compel better answers
5. Hearing on objections
6. Motion for evidentiary sanctions
7. Motion for economic sanctions
8. Motion to strike pleadings
9. Motion in limine
10. Prep for objections at trial and follow-up motions to strike documentary evidence and testimony.
11. Rule of thumb: when you reframe the case as court vs counsel for the designated claimant, you have most likely won.
12. Settlement: the first offers are always designed to undermine the lawyer’s and the homeowner’s confidence. Wait until the third final offer before you start negotiating.

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Neil F Garfield, MBA, JD, 75, is a Florida licensed trial and appellate attorney since 1977. He has received multiple academic and achievement awards in business, accounting and law. He is a former investment banker, securities broker, securities analyst, and financial analyst.
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FORECLOSURE DEFENSE IS NOT SIMPLE. THERE IS NO GUARANTEE OF A FAVORABLE RESULT. THE COMMENTS ON THIS BLOG AND ELSEWHERE ARE BASED ON THE ABILITY OF A HOMEOWNER TO WIN THE CASE NOT MERELY SETTLE IT. OTHER LAWYERS HAVE STRATEGIES DIRECTED AT SETTLEMENT OR MODIFICATION. THE FORECLOSURE MILLS WILL DO EVERYTHING POSSIBLE TO WEAR YOU DOWN AND UNDERMINE YOUR CONFIDENCE. ALL EVIDENCE SHOWS THAT NO MEANINGFUL SETTLEMENT OCCURS UNTIL THE 11TH HOUR OF LITIGATION.

But challenging the “servicers” and other claimants before they seek enforcement can delay action by them for as much as 14 years or more. In addition, although currently rare, it can also result in your homestead being free and clear of any mortgage lien that you contested. (No Guarantee).

Yes you DO need a lawyer.
If you wish to retain me as a legal consultant please write to me at neilfgarfield@hotmail.com.

Please visit www.lendinglies.com for more information.

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