Scams Against Elderly and Other Distressed Homeowners

In our wild West society it is possible  for almost anybody to scam almost everybody. This is because most people lack the information to know whether an offer is real or fake. As a result they tend to “hire” people who tell them what they want to hear.

And in foreclosure situations, what they want to hear is that the problem is over and they won’t lose their house — which means that they won’t have the stress, shame and embarrassment of losing the house together with all of the stress associated with forward movement — financial instability, no credit, frequently start dating again because their marriage was destroyed, and dealing with their kids trauma that goes with finding a new place of live. That is all they want to hear so that is all the scammers tell them.

So here is the plain unvarnished truth. Yes it is possible to save the home. No there is nothing that works every time. So here are some basic rules and guidelines in dealing with prospective vendors who tell you they can solve your problem.

1. They can’t solve your problem and if they say they can they are not being truthful. If they are not a licensed attorney in your jurisdiction they can’t even try to solve your problem — but they could help.
2. No report from anyone will solve your problem. Only the correct use of a well researched and well written report in filing documents in court including pleadings, motions, and discovery will give you traction, but no guarantee of success in court.*
3. Yes it’s true that most foreclosures are fake but courts are not initially receptive to that narrative and even when forced, the best success rate is around 65%.
4. If you are not willing to invest some serious money into your defense you’re unlikely to come out with a result you deem successful.
5. Expect setbacks. Court is a contact support. You give and you get.
6. Commit to the long haul. The banks have given express instructions to wear down homeowners before they will even consider settling. Even if they know you can and will win they press you as long as possible in order to discourage you and anyone like you from challenging their illegal scheme.
7. Avoid “just do this” schemes. While many theories abound, none of them are well founded in actual trial practice and the promises of solving your problem with a single bullet are false. But you  can employ the theory behind such schemes as part of your overall strategy.
8. If the banks say it through lawyers or so-called servicers they are lying. Don’t believe anything they say, right or do. In practice this means that you should not even assume that your debt exists, much less that anyone owns it.
9. Any report that admits the existence of the loan or that anyone is a lender, servicer or trustee is probably a false report and is worse than being wrong. it actually is admitting key elements that make it possible for the foreclosure mills to invoke foreclosure procedures using fictitious names and nonexistent claimant for the sole purpose of obtaining revenue and not for restitution of what you think is your unpaid debt.
10. Only lawyers who actually have conducted bench and jury trials are actually trial lawyers no matter what they say. And only lawyers can actually achieve anything unless you are a luck pro se litigant who is very persistent.

* A word about reports. The best report in the world will do you no good if the information and conclusions in that report are not submitted in accordance with the rules of procedure and rules of evidence. Yes it contains information that completely destroys the case against you if it is accepted by the court and presented in a credible and persuasive manner which usually means using the inconsistent or vague documents against your opposition. No it doesn’t end there because the opposition will argue the use of legal presumptions even though they lead to a false result. If you don’t know how to fight back they will win anyway.

See Zimmer_Sharp-as-a-tack_When-mortgage-fraud-becomes-elder-abuse_Plaintiff-magazine

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