Pro se or no say?

Why do pro se litigants in foreclosure defense cases lose so often? My mentor Neil Garfield, and now me, spend a lot of time working on the livinglies blog to present evidence-based strategies and methods to homeowners to help them save their homes from illegal foreclosures. Often these same homeowners are trying to save their home from bad actors who have no standing in a courtroom to even bring about a foreclosure action; let alone win one.  So why do some many homeowners often lose when they try and represent themselves? Even using some of our expert affidavits and products and services we offer to document illegalities and lack of standing issues they still often lose in the courtroom.

Some of our readers take exception to our constantly recommending that they use our products and services in conjunction with our local legal network in each state calling this suggestion by us as “self-serving”.  The truth is we want victories for our clients and the sad truth is that the deck is stacked against pro-se litigants by Judges who do not want to deal with what they consider as homeowners wanting a “free house” not well versed in litigation procedures and the complexity of the courtroom. Here are some of the reasons we see for why the deck is stacked against homeowners representing themselves in front of a judge:

Pro se litigants—those who represent themselves in court— face tough challenges in foreclosure defense cases, primarily because they lack the specialized legal knowledge that attorneys have. Here are some reasons why they lose more frequently:

1. Complex Legal Procedures: Foreclosure laws and court procedures are complex. Attorneys spend years learning how to navigate these, including understanding critical timelines, filing requirements, and legal terminologies. Pro se litigants might miss important deadlines or fail to file the correct documents, which can result in losing their case.
2. Lack of Legal Strategy: Attorneys are trained to develop legal strategies that can significantly affect the outcome of a case. They know how to present arguments effectively, which defenses have the best chance of success, and how to negotiate with the opposing counsel. Pro se litigants may not be aware of all the defenses available to them or how to argue them effectively.
3. Emotional Involvement: Facing foreclosure is highly stressful and emotional. It can be hard to remain objective and calm in court or when negotiating with banks. An attorney can act as a buffer, handling communication and negotiation without the emotional involvement that might cloud judgment or decision-making.
4. Limited Resources: Attorneys have access to legal resources, databases, and networks that can help strengthen a case. Pro se litigants typically don’t have the same access to these critical tools, which can put them at a disadvantage.
5. Inexperience with Evidence: Successfully defending against foreclosure often requires presenting and challenging evidence, something attorneys are skilled in doing. Pro se litigants may not know how to effectively gather, present, or dispute evidence, which can lead to unfavorable outcomes.

The bottom line is we want you to win your case. Using our site to educate yourself is great but there is nothing more expensive than losing your home in a foreclosure. It is a devastating event for you, your family and your pocketbook. Take the time to engage with us to evaluate your case. Not only can we recommend legal strategies that will save your home but we can also draft pleading, motions and suits that will win cases. It may seem like you can’t afford it in the short term but can you afford not to?

Need help in assessing your case? Does your attorney need our help? Use our services to help guide you through the process early enough to avoid mistakes that can cost you your home in an illegal foreclosure action. Call our office today at 844.583.5339 to inquire if we can help. You can also submit a case statement here and get a complimentary recommendation as to your best course of action.

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.

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Tags: foreclosure, foreclosure defense, foreclosure offense, lance denha esq.
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