livinglies.wordpress.com | June 20, 2016
By Neil Garfield
People take things seriously in court. Judges and lawyers, not so much. People think that the banks have feelings for them—negative but nonetheless feelings. They don't. It is all a game to them of strategy and tactics just like it has always been in trial work for centuries. Neither the banks nor their lawyers hate you. They just want to win and keep their losses to a minimum even while knowing that they are continuing the fraud in the hope of covering up their misdeeds. They don't care if you live or die, if your life is destroyed or you make millions. That is irrelevant to them.
As to the discourse between attorneys, the bank attorneys are all going to speak from a script that has been planned and parsed by lawyers who are remote from any particular a case. They are required to express confidence in the case and to do it convincingly.
The reason for this is no secret—it works. It is a successful tactic that has been used for centuries by lawyers. It is a psychological game. Most homeowners are already scared and if they are litigating for themselves they are terrified—or they should be.
Most attorneys who are involved in foreclosure defense are not experienced litigators. The show of "confidence" by bank lawyers is frequently enough to undermine the confidence of the homeowner and/or their lawyer. More than half of all cases go away just by a demonstration of the apparent superiority of the banks' position. A similar show of confidence by you or your lawyer will probably fall on deaf ears but it does make the point that you intend to "go to the mat" on this case. And of course if you not pressing hard on discovery, which the banks hate, then your "show of strength" will lack credibility.
You and your attorney should take it with a grain of salt, knowing that this demonstration is usually times to coincide when you are approaching an actual decision that they (the banks) know might well go against them. Like the crew of bombers know, the closer you are to the target, the more flak you get.
Sometimes the timing is too perfect by half. It might indicate that they now perceive vulnerabilities in the bank's case. So if you are receiving the news that the bank's lawyer is very confident of their case and especially if that news is accompanied by an offer of modification, think twice. It might well mean that you are closer to victory than you might think—and certainly closer than the banks want you to think.
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