Don't Miss the Point!

THE NEIL GARFIELD SHOW

Most people are thinking theater. Perry Mason. Some point in litigation where someone admits to being a lying thieving murderous scoundrel. That doesn't happen in real courtrooms for the most part and it certainly does not happen in foreclosure cases. Homeowners are looking for both redemption and vindication, neither of which is the business of the court system nor should it be. Homeowners should be looking to accomplish only one goal: saving their home, keeping their house. That is not done by attempting to prove something. Defense lawyers know that the best defense is a good procedural offense so the case against their clients never gets off the ground. In foreclosure defense, the point is not to prove it. In fact, the point is to stay away from proving anything. The point is to kneecap the opposition so they can't prove their claim. The various magic bullets that are circulating are neither magic nor bullets. they don't work. And that is the best case scenario. Let me be clear, fabricating false documentation to defeat a foreclosure is not any better or any more legally justified than that practice when used in filing foreclosure actions. There is no goose and no gander here. And unless you are a multibillion-dollar bank, you are low hanging fruit to prosecutors. That said there are a number of legal documents that can be executed that might slow down the foreclosure process or even give you an opportunity to stall or eliminate the threat. There can be no doubt that the scheme to fabricate false documents was wrong, illegal, unethical.