How to Lose a Foreclosure Case

All foreclosure cases are on life support. In all cases you need to do the proper investigation, analysis and legal research. But the key component is persuasive presentation. In banks vs. homeowner the banks win on persuasive presentation. Tonight we talk about how to lose and how to win.

The banks start off with a case that cannot be won if all facts were known and applicable law was used. The banks do it by sending in lawyers with carefully worded scripts to give the impression that this a standard foreclosure for nonpayment of a debt. They have memorandums of law and cases (they rarely cite to statutes) that create the illusion that (a) the foreclosure is inevitable and (b) the homeowner is trying to buy time or get some undeserved leverage. 

The homeowner usually spends all their time and money collecting facts and getting snippets of analysis off the internet. Neither they nor their lawyers spend any quality time on presentation. As a result the defense is what I call a "yes but" defense. As soon as you say yes you are buried. The "but" means nothing. And that is how the case ends up on life support.