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EVIDENCE AND INFERENCES: How homeowners lose illegal foreclosure actions

  • Broadcast in Finance
THE NEIL GARFIELD SHOW

THE NEIL GARFIELD SHOW

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The system has been caught flat-footed by the banks' strategy of weaponizing the court process to prove a nonexistent claim. Homeowners and many lawyers throw up their hands claiming that the banks are just too strong. But the banks are actually weak, once you poke behind the armor.

Of the thousands of cases in which the homeowner won or achieved a very successful result, not one was the result of proving that bankers should be shot. Every single win by homeowners has been the sole result of arguing insufficiency of evidence to prove the existence of the claim.

What most homeowners and many attorneys have failed to realize is that by not responding to demands that they are legally required to answer, the banks have opened the door to the stated allowable inference that the defense narrative is correct, thus rebutting the legal presumptions that form the sole foundation for the case against the homeowner. 

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