Why Pro Se Homeowners Lose: The Danger of Overreaching With Weak Claims

Let me say this plainly.

Homeowners do not lose foreclosure cases because they are wrong.

They lose because they use the wrong strategy.

And one of the most common mistakes we see is this: adding causes of action that sound powerful — but actually weaken the entire case.

This happens frequently when pro se litigants attempt to pursue rescission of the loan or rescission of a completed trustee sale instead of focusing on a disciplined unlawful foreclosure strategy.

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A Strategic Error: Trying to Undo the Loan After the Sale Is Completed in non-judicial states

non-judicial foreclosure is governed by a detailed statutory framework in non-judicial states. Once a trustee sale is completed and the trustee’s deed is recorded, the legal landscape changes dramatically.

Many homeowners believe they can ask the court to:

• Undo the loan from origination
• Reverse the trustee sale
• Put them back in the position before signing the loan documents

This is called rescission.

It sounds powerful. It sounds fair. It almost never works after a completed trustee sale.

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What Courts Actually Require

In many non-judicial states appellate courts have made it clear that setting aside a completed trustee sale requires much more than simply alleging fraud.

Generally requiring a borrower to plead and prove:

1. The foreclosure sale was illegal, fraudulent, or willfully oppressive
2. The misconduct affected the foreclosure process itself
3. Prejudice or harm
4. Tender of the secured indebtedness — or a legally valid excuse

That is a very high bar.

Rescinding the loan from origination carries an even heavier burden and can expose the plaintiff to counterclaims or sanctions if improperly asserted.

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The Real Risk: Diluting Strong Claims

Here is what many homeowners do not understand.

If you have a strong unlawful foreclosure case — and you add risky rescission claims that are unlikely to survive a motion to dismiss — you may:

• Undermine the credibility of your complaint
• Give the defense easy targets
• Invite counterclaims
• Increase the chance of dismissal
• Shift focus away from provable foreclosure misconduct

Courts do not reward “throw everything at the wall” pleadings.

They reward focused, evidence-based claims.

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What a Disciplined Unlawful Foreclosure Strategy Looks Like

Instead of chasing rescission, a properly structured unlawful foreclosure action may include:

1. Wrongful Foreclosure
2. Declaratory Judgment
3. Injunctive Relief
4. Violation of Business & Professions Code §17200
5. Filing False Instruments (Penal Code §115)
6. Forgery (Penal Code §470)
7. Federal Civil RICO (18 U.S.C. §1962)
8. Intentional Interference with Contractual Relations
9. Abuse of Process
10. Conspiracy to Defraud

Notice something important.

These claims focus on what the foreclosing party did wrong in the foreclosure process — not on trying to rewind history to the day the loan was signed.

That distinction matters in court.

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Why So Many Pro Se Litigants Lose

Let me be blunt.

• They rely on internet theories instead of case law.
• They confuse contract rescission with foreclosure defects.
• They ignore procedural posture.
• They overreach after a completed sale.
• They fail to understand tender requirements.
• They add weak causes of action that poison strong ones.

Opposing counsel look for overreaching complaints. They attack the weakest claim first and use it to undermine everything else.

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The LivingLies Method: Strategy Over Emotion

Our approach is simple.

• Analyze procedural posture first.
• Study the chain of title.
• Examine assignments and substitutions.
• Identify fabrication or irregularities.
• Focus on standing and authority.
• Build claims designed to survive dismissal.

The Hard Truth

Judges are not there to fix bad deals.

They are there to determine whether the foreclosure process complied with the law.

If you cannot connect misconduct directly to the foreclosure process in non-judicial states, you are fighting uphill.

And if you dilute a strong unlawful foreclosure claim with weak rescission demands, you risk losing both.

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The Better Path

Before filing anything:

• Separate emotional grievances from legally viable claims.
• Understand the procedural posture of your case.
• Focus on claims that courts actually grant.
• Avoid remedies that courts rarely award after a completed trustee sale.

Strategy wins cases. Overreaching loses them.

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Need Help Structuring Your Case?

If you are facing foreclosure or have already gone through a trustee sale, do not guess at your strategy.

Get a professional case review before filing anything. Ask us here at Livinglies/Defend the Foreclosure how we can help you develop a winning strategy.

The difference between filing a complaint and winning one is disciplined, evidence-driven strategy.

YOUR HOME IS YOUR CASTLE WE HELP YOU DEFEND IT

Tags: foreclosure defense
Posted in foreclosure defenses, Foreclosure Questions, Motions, Pleading, Uncategorized |