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THE ADMINISTRATIVE STRATEGY --- Pushing Back on Servicers and Banks

  • Broadcast in Finance
THE NEIL GARFIELD SHOW

THE NEIL GARFIELD SHOW

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Remember in the movie "The Firm" with Tom Cruise when he said "it's not sexy but it has teeth"? That is administrative law. The character Cruise played was talking about mail fraud. It worked. Playing your administrative cards right you could end up with a mail fraud case to be brought against the servicers and pretender lenders, but you will almost certainly end up with more and better defined defenses than you otherwise would have.

In 42 years of practicing trial law, I practiced in admin law for many years. And believe me it has teeth. Ask any lawyer or doctor who has a complaint to which they must respond. Government agencies are scary. That is why consumers should use some of the easier processes available. You get to smoke out the servicers and pretenders "on the cheap." 

In administrative procedures and proceedings, people save or lose business and professional licenses, get fined, pay restitution and all sorts of things. And administrative decisions are required to be given deference in courts of law. It's far less expensive than litigation and could greatly reduce the cost of litigation so why wouldn't you use the administrative strategy first? 

 

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