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Tonight! How Homeowners Win Foreclosure Cases: Procedure v Substantive Law

  • Broadcast in Finance
THE NEIL GARFIELD SHOW

THE NEIL GARFIELD SHOW

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The difference between winning and losing is whether you are using procedural law to your advantage or you naively enter the courtroom believing that a substantive law will save you.

Spoiler alert #1: The substantive law is irrelevant until you make it relevant.

Spoiler alert #2: The court doesn't want to let you make it relevant.

Tonight we will talk about the the Litigation Menu that leads to winning foreclosure cases. As always my premise, proved true in thousands of cases, is that there is not a single transaction in which anyone has purchased or funded the debt. This is counterintuitive but once you allow for the possibility that it is true, the doors are open to victory.

[By "anyone" I mean anyone in the chain relied upon by the party claiming foreclosure. Hint: You don't need to prove who has a financial interest in the loan performance. You just need to reveal the fact that the claimant has no such interest.]

 

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