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Foreclosure Defense Strategy – Clients in Search of a New Paradigm



UF ELearning

Documentary Clearing House and Associates (“DCH”) has developed a new strategy for attorneys defending foreclosure cases. So far, DCH has submitted three applications to help lawyers implement the new strategy.

Viewed from a distance, the brief, uncomfortable history of foreclosure over the past three years is a sad spectacle. Far too many judges in foreclosure trials have stopped acting like judges and are instead becoming lawyers for the foreclosure factories. The foreclosure parties ignore and continue to avoid alternative dispute resolutions.

Government efforts to stem the tide of foreclosures and encourage alternative dispute resolution have been useless and fizzled out. Most of the people affected by foreclosure have failed to fulfill their statutory duty to defend themselves. Instead, many, if not most, foreclosure cases are passed unchallenged to a summary judgment. The resulting attack on American home ownership has been systemic and overwhelming.

Many homeowners in foreclosure believe that legal representation is prohibitive. Since they cannot make monthly mortgage payments, they conclude that they have no way of hiring a lawyer. The public sector, which defends people who cannot afford a lawyer, has not been able to effectively counter foreclosure.

Too much time was spent on tactics; Too little time was spent on strategy article to stop foreclosure in Colorado. The defense against foreclosures deals with finding omissions, deficiencies and deficiencies. The tactic tends to indicate that a rule has been violated.

Too many dishes tend to forgive and forget. The courts invent terms such as stating that the non-compliance is merely “technical” or that the foreclosure lies within the “four corners of the loan agreement”.

The DCH calls for a change of strategy. What we need is a new strategy that is effective and affordable. DCH’s new application takes these two requirements into account.

1. Use generic defenses to make foreclosure defense affordable for most individuals facing foreclosure.

Instead of a case-specific defense tailored specifically to each case’s unique facts and legal issues, a defense most foreclosure clients can hardly afford, DCH offers briefs and investigations that fit everyone . DCH creates generic defense mechanisms. The foreclosure factories have declared war on defaulting mortgage creditors. The low cost response to litigation filed by the foreclosure firms is countermeasures by a defense firm. DCH provides the lawyers with the bullets to fire. By putting foreclosure on the assembly line, any customer can afford to keep their own rented gun in a foreclosure battle.

There is one enigma posed by the litigation log used in defense disputes to represent clients in foreclosure: it is effective and counterproductive at the same time. Lawyers are taught to approach each case as unique and on its own terms. We also learn to use tactics to complicate the other side’s case and discover harmful information. Lawyers also try to use the discovery to find errors and omissions in the other side’s case. A competent trial lawyer wages war against the other side with applications, testimony, presentation of documents, interrogations and applications for admission and conditions. Lawyers are taught that litigation is won and lost in preparation for trial. Many believe that a successful outcome depends on a pre-trial strategy. Such tactics are part of the procedural protocol and have proven effective and productive over time.

The problem is not with tactics or strategy. Lawyers approach litigation like a tailor making a bespoke suit. Each case is entitled to receive its own defense according to the facts and laws applicable to the case. The problem with foreclosure proceedings is the customer.

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