What I can and what I cannot do for victims of fake foreclosures

THE NEIL GARFIELD SHOW

I often have exchanges with frustrated homeowners that end up like this one received recently: “That leaves everyone doing nothing and allowing the banks to prevail. Your posts are very inspiring ( like a carrot) but then very discouraging ( your answer) when there’s no one willing to help the cause. We’re supposed to have real answers/ solutions to help people, not just information. “ She’s right! But like most homeowners, she doesn’t like the real answer and real solution. The real answer lies in a good or great knowledge of court procedure. I can’t teach that to lay people who have no foundation in legal training. If it was that easy we would not need lawyers or even judges. The reason solution lies in a timely, well-conceived strategy and tactical plan to attack the sufficiency of the allegations, the implied allegations, the evidence, and the implied evidence. In order to do that you need to understand the rules of civil procedure in your local courts and methods and strategies that can be used to encourage a court to fund that that there is insufficient evidence to allow the foreclosure claim to proceed. That said, I intend to discuss tonight some of the basics and why homeowners should be paying their lawyers more — in order to get the work done that needs to be done. Whether you are fighting to win or just kick the can down the road, the key to success is in attacking the sufficiency of allegations and the sufficiency of the evidence against the homeowner. Nothing more and nothing less.