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Foreclosure cases: Settle or Don't Settle?

  • Broadcast in Finance
The Neil Garfield Show

The Neil Garfield Show


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You can always settle any case by horse trading on the amount due, when it is due and at what intervals and interest rate. But more and more lawyers are asking the right questions --- what are the elements to consider when evaluating the settlement value of a foreclosure case? Emphasis on the case at hand distracts from the value of the threat to the other side. 

Bottom LIne: If you don't have the tenacity, stomach and resources to litigate all the way you might just as well settle on any terms you can get. You can improve your odds by sending a QWR, DVL, complaint to CFPB or Complaint to State AG. You can also improve your odds by aggressively pursuing discovery in litigation and getting an order requiring your opposition to produce answers or documents that they don't have.