I was recently asked to explain my plan for defending foreclosures. The Plan is really pretty simple. Treat a foreclosure complaint like real litigation. Examine the evidence presented; compare the evidence to the applicable law, and formulate a defense.
There are a number of issues that have been widely discussed such as "robo-signing" or "show me the note". These issues and many other issues exist in many foreclosure cases. Each homeowner is an individual; each mortgage note has been handled slightly different; each mortgage has been treated differently. The Plaintiff is not the same and the allegations are not the same. So the Plan for the defense is slightly different. However, the ultimate Plan remains the same: Defend the Foreclosure Complaint.
While this seems like a rather simple approach the Plaintiff in the Foreclosure Complaint is not adequately prepared to litigate every foreclosure. By making the Plaintiff treat the complaint like real litigation the homeowner can gain some leverage in the negotiations and possibly obtain a loan modification that makes sense.
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