How the Other Side Sees Us

From a comment from icetea

Here’s a good powerpoint to read

Note that this is just the common view of most banks to litigation and what causes of action they are most prepared for.

As a Pro Se, I have learned that reading appellate decisions about how claims fail is very instructive (even if it isn’t a foreclosure case). What you may soon learn is that you can lose right at the beginning (to borrow from Neil’s admonition to win at the beginning).

• Most pro se litigants know just enough procedure to kill their cases from the get go and even a skilled attorney brought in later can’t fix what was broken.

• Many attorneys write crappy pleadings and were a complete waste of money for their client.

• You have to put in the very long hours at a real law library. Find your state/federal causes of action reference texts and learn the rules of what you have to plead – or should plead – in your complaint or answer.

• Learn about how cases get removed from State to Federal court and what that means to you – especially Twombly pleading standards.

• Learn the procedures of the court you are in. Not just the official statutes but find some books written to get attorneys up to speed on the procedures and terminology.

• Learn to search appeals decisions for your court (this is often available from the web). With a bit of keyword search skill, you can get access to how your state/fed court views the rules for proving various claims or how it views things like recission, Lis Pendens, injuctions etc.

• Evidence, evidence, evidence. Learn your court’s rules and objections. (If you watch Neil’s youtube vids, you might see a classic text on Evidence in the background … hint hint) Some of the books on evidence are massive so you will have to learn about what parts are likely to affect your case.

• Most of all, if you are going to do this Pro Se, you cannot learn everything you need to know from the web. Hit the real books made out of dead trees!

• Whatever you do, don’t mistake a rant against securitization (of which this blog has thousands) as a sufficient basis for your pleadings or motions.

Its way more work than you think. This is also why picking the right attorney with specific experience in this area of litigation – and familiarity with modern foreclosure defense – is critical.

Posted in Uncategorized |