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Finding a Lawyer to Win Foreclosure Cases

livinglies.wordpress.com | June 7, 2019

No lawyer is an expert in everything. Every case is a learning experience for the lawyer. That includes me despite my extensive background in law and finance. All successful litigators will tell you that there is a subjective factor is the deciding issue in all litigation --- passion, persuasiveness and knowledgeable plan of the litigator to get to a desired result.

In foreclosure litigation the banks have totally succeed in getting almost all members of the legal profession, including jurists, to believe that foreclosures are serving a useful function for society because they preserve the sanctity of contract.

Lawyers must start off with knowledge of what really happened, not hypotheticals and seem to corroborate claims of technical defects in the documents and testimony used to obtain foreclosure. Specifically they need to have detailed knowledge of property law, contract law, bills and notes (negotiable instruments), enforcement of security instruments, SEC rules and the use of SEC.gov, securities underwriting, trading in unregulated securities or contracts, and the actual chain of events in the real world. Without that kind of research and investigation, the layer is limited to attacking a few technical aspects of the claim brought against the homeowner.

For those who use this knowledge, thousands of homeowners have won their cases and tens of thousands of homeowners have settled cases under strict seals of confidentiality.

For the public they assume that when they go to a lawyer that he or she understands every aspect of Wall Street finance and all the other factors described above. This is not true nor could it be true. There are some lawyers who have sufficient working knowledge to know that current foreclosures almost never pay down the debt when the foreclosed property is sold. They know that the parties initiating foreclosure are using fictitious names, documents, claims and testimony and they attack the case on those grounds. More often than not (65% in my my estimation) they win the case or settle it on terms that are entirely satisfactory to the homeowner.

But even the judges who rule for homeowners do so out of duty rather than belief that the judicial system has been unfairly weaponized by players representing Wall Street interests. Judges, and truth be told most borrowers and their attorneys believe they really have a debt to pay and that the chain of people who are seeking foreclosure contains someone who owns the debt and who will receive the proceeds of sale as a paydown of the debt originated when the mortgage documents were signed.

The lawyers who "get it" are in high demand and float in and out of availability; and they get become increasingly choosy as to which cases to accept. They are also expensive. To my knowledge, winning cases has ranged from as low as $10,000 in fees and costs to a high, so far, of over $200,000. The average, based upon fee awards appears to be between $40,000 and $60,000. In our system of justice it is rationed based upon a claimant or defender's ability to pay for costs and fees.

Most lawyers view foreclosure defense as a losing proposition. First they correctly assume that their prospective clients lack the resources or willingness to fully litigate the case. The bank playbook contains a simple strategy of using every rule in civil procedure to wear down, discourage and even intimidate or ridicule the homeowner or the lawyer for the homeowner. They almost never settle early which means persistence and expense must be pursued to the 11th hour. Their initial offers are designed to produce a feeling of despair in the homeowner and their lawyer. They use this strategy because it works. Most people walk away, dejected.

Most people lack the financial resources to fight the foreclosure "to the mattresses." So what homeowners should be looking for are lawyers who are willing to work on a mixed retainer of fees, paid up front, hourly billing and a contingency fee. If the case is litigated to conclusion successfully there is a good prospect of securing an award of damages and even fees for wrongful foreclosure, breach of statutory responsibilities and breach of common law duties.

In order to get to the point of winning a homeowner has two choices. First they can pay the lawyer to do all the research, interviews and analysis necessary to develop strategies and tactics for a result in which he or she truly believes can and should win. This can be very expensive even with lawyers who have some familiarity with securitization and foreclosures by or in the name of "trustees for "REMIC Trusts" based upon fabricated, forged and robosigned documentation.

That is where we come in. I got into this to provide a bridge between the homeowner, who knows virtually nothing other than some snippets on the internet, and the lawyer who wants a winning case and to make a high profit from representation of a homeowner who is being unlawfully attacked by strangers, pretenders lenders. Because of our knowledge base I am able to provide drafts of pleadings, discovery, motions, strategy and tactics on a fraction of the time that it would take a lawyer with n little or no familiarity with the facts and the law governing these real and false transactions.

My usual advice is to obtain preliminary information from us, have us prepare a summary report of the issues and how to beat them, schedule a CONSULT with the lawyer and "sell" the lawyer on taking the case and on taking some guidance and direction from us, subject to his ultimate decision making in consultation with the homeowner as his client.

These cases are won based upon aggressive litigation performed by an experienced litigator. Don't send a dermatologist to do brain surgery. Don't send a brain surgeon to perform skin grafts. The judicial climate is weighed so heavily against homeowners that selling the really good lawyers on taking your case is going to be a challenge, but I can tell you where to look. Personal injury lawyers are very accustomed to going into knock down battles with larger forces like insurance companies. Even young PI lawyers usually have good courtroom experience and access of investigators. Other lawyers whose name appears on decisions favorable to homeowners might also be a stop.

But all lawyers are concerned about the prospective client's willingness and capability to pay, the need to do extra hand holding that is difficult to bill for the time spent, and the efficacy of the case. No lawyer wants to go out and lose a bunch of cases. Clients are cautioned to remember that the lawyer is not a ter paist and has no obligation to listen to how much you are upset or hurting except when the claim of intentional infliction of emotional distress arises. But such claims ordinarily arises AFTER you beat back their attempt to foreclose.

Yes I have contact information on hundreds of lawyers. But they are subatomic particles who float in an out of existence in the foreclosure defense market. My recommendation of a case usually causes the lawyer to at least look at it. But that is no guarantee that the lawyer will ultimate decide to accept it.

Many lawyers are asking me to do the initial vetting and recommendations. I can do that. What homeowners must realize is that while I am extensive general knowledge about the workings of foreclosure, securitization and Wall Street Finance, I don't know (a) the particulars of their case. (b) the procedural status of the case and (c) the current likelihood of success based upon events leading up to this date. So I cannot formulate a recommendation that will have any credibility with potential attorney until I have done that work and provided a blueprint for defense strategies and tactics.

 

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"CFLA was founded by the Nation's Leading Foreclosure Defense Attorneys back in 2007 to serve the Foreclosure Defense Industry and fight pervasive Bank Fraud. Since opening our virtual doors, CFLA has rapidly expanded to become the premier online legal destination for small businesses and consumers. But as the company continues to grow, we're careful to hold true to our original vision. For us, putting the law within reach of millions of people is more than just a novel idea–it's the founding principle, just ask Andrew P. Lehman, J.D.. With convenient locations in Houston and Los Angeles, you can contact Our National Account Specialist and General Manager / Member Damion W. Emholtz at 888-758-CFLA (2352) for a free Mortgage Fraud Analysis or to obtain samples of work product, including cutting edge Bloomberg Securitization Audits, Litigation Support, Quiet Title Packages, and for more information about our Nationally Accredited and U.S. Department of Education Approved "Mortgage Securitization Analyst Training Certification" Classes (3 days) 24 hours for approved CLE & MCLE Credit (Now Available Online)".

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