Your Day in Court-It’s not Personal

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.

7 Responses

  1. conflict of interest JUDGE riuled strict foreclosure law day june 27th AND O ALREADY RESCINDED THE LPAN ! no one cares ! disabled widow n four kids are in trouble no help. in sight

    Sent from my iPhone

    >

  2. anon, Isn’t that what this has all been about- the right to own property? Some “almighty” power has put out the word to (Attorneys General, Judges, OCC) suspend any law that might allow the plebes to prevail on fact.

    There’s a man-made monkey wrench jammed in here so “their” model cannot fail. Else, after all the investigation related to Foreclosure-gate, why did our government not do as Iceland to deter and reconcile the fraud(s)? Instead, we’re doing a Romney style- let the market (you & me) “bottom out.” The only $ moving here is from TBTF as the price our Government charges for a Deferred Prosecution Agreement.

    Middle class ownership? That’s not what “we” have in mind.

  3. From the bottom of my heart, thank you for your commment! God Bless us all:-)

  4. Modern type of communism may develop in America sooner or later if this trend continues. Look at many sad faces.

  5. Here is a link to a mortgage scam about Mass Joinder litigation. Beware! http://www.housingwire.com/articles/37319-ftc-shuts-down-appalling-multi-million-dollar-mortgage-relief-scam?eid=311687353&bid=1438605

    “According to the FTC, the California-based law firms bilked millions of dollars out of homeowners who were facing foreclosure by telling them that they could join a “mass joinder” lawsuit against their respective mortgage note holders that could discharge their mortgage entirely, provide monetary relief, or both.”

  6. Bruce, it is a horrible thing to go through. Keep going.

  7. Most wise and sagatious.. As a pro se litigant getting his arse kicked all over the “system” I know of which you speak. Ocwen/HSBC/AHMSI suceded in not only stealing my $340k equity they also managed to get a Federal Ct Judge in Oregon to disable my right to appear in her court, they also managed to get wer to dismiss me with prejudice and in the process making me a pauper.

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