Foreclosure Lawsuits: Litigate, Modify or Settle?

This episode will discuss setting up your case for litigation, modification or settlement.  California attorney Charles Marshall will discuss settlement framework (writ large and small), and the numerous misunderstandings regarding how settlement should or even can work. 

The overwhelming majority of civil cases will settle well before reaching the trial stage of a lawsuit, nationwide. Whether we're talking about a divorce, a car accident lawsuit, or foreclosure case parties often choose to settle their case rather than leave their respective fates in the hands of an unpredictable jury. But is settlement always more beneficial?

Benefits of Settling a Case:

• Expense.
• Stress.
• Privacy.
• Predictability.
• Finality.

With foreclosure lawsuits a homeowner often has a personal or profound sense of right and wrong, and decides to make an important point that impacts more than the parties in the case. For cases challenging the constitutionality of a law or some other perceived fundamental unfairness, settling also doesn't create precedent and won't affect public policy.

If one or both parties aren't motivated to settle, or aren't coming to the negotiating table with a remotely realistic offer, then resolution of the lawsuit before trial may not be possible.  This is often the case in foreclosure disputes- by the time the lender is prepared to settle, the homeowner wants vengence for the harm they have sustained (justifiably).

California Attorney Charles Marshall, Esq.

cmarshall@marshallestatelaw.com

Phone 619.807.2628