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Preemptive Strategies and Tactics in Foreclosure Defense

  • Broadcast in Finance
THE NEIL GARFIELD SHOW

THE NEIL GARFIELD SHOW

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Tonight I share my thoughts on strategies and tactics that will put your opposition on its heels and probably result in an outright win for homeowners and virtually all consumers who have a written contract for installment payments. We start with the premise that virtually all such transactions are securitized.

I will talk about the many opportunities that exist under the rules of procedure to create an existential challenge to the claims.

If there is no Claimant or Plaintiff and there is no claim at all, then why must we wait to the end and spend tens of thousands of dollars in legal fees to get to that point?

Why must homeowners lose their homes to such false claims simply because they lack the resources to contest them?

So in tonight’s show, we will visit and revisit some basic strategies that I believe will work most of the time and which could shorten the litigation period substantially.

Here is the Agenda:

  • Administrative: QWR and DVL, Complaint to CFPB and State AG
  • Motion to Dismiss and/or Motion for More Definite Statement
  • Offer of Judgment, Letter, and Notice of Service
  • AMGAR Strategy: Make them an offer they can’t refuse (but they will)
  • Motion to Strike Exhibits
  • Motion for specific mediation order requiring the claimant to appear
  • Interlocutory Appeal
  • Combined Request for Admission and Request for production
  • Motion to Compel Response
  • Motion for Sanctions and
  • Motion in Limine
  • Motion for Summary Judgment

Remember that in 28 minutes of talk time I can only give an overview of these strategies. Yes, you DO need a lawyer who is licensed in the jurisdiction in which your property is located. There is no guarantee that any of these strategies will succeed, even if they have worked in the past. 

 

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