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.
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.
Filed under: foreclosure