The Essence of Foreclosure Defense
What is foreclosure defense all about? Many have asked me that very question over the years, and I think I just found the perfect way to explain it … by showing what happened to me today.
I was at the Manatee County courthouse waiting for a trial to begin in a foreclosure case. My client was very reasonable – he had offered to consent to foreclosure if the bank waived deficiency. He was willing to walk away and move on with his life … he just didn’t want to owe additional money above and beyond losing the property. But the bank refused, offering my client nothing and leaving us with no alternative but to go to trial.
As I was waiting for trial to begin, the following exchange took place:
Plaintiff’s counsel: Do you want to consent to foreclosure judgment?
Me: Why would I do that? Are you giving a deficiency waiver?
Plaintiff’s counsel: No.
Me: Then no.
(A few minutes later…)
Me: Will you voluntarily dismiss? If you voluntarily dismiss then I won’t ask for fees.
Plaintiff’s counsel: We aren’t dismissing. Why should I be worried about your fees?
Me: You’ll see.
(about 90 minutes later, after the case was tried…)
Judge: I agree with Mr. Stopa. I think the Plaintiff’s evidence is insufficient. I will grant the motion for involuntary dismissal.
How does this show what foreclosure defense is all about? Simple. My client was very reasonable. He was willing to walk away from this property – let the bank take it – if the bank waived its claim to deficiency. He was willing to compromise, but the bank refused, so it left us with no alternative but to try the case.
Apparently, the bank and its lawyers arrogantly thought they didn’t need to compromise, as a foreclosure judgment was assured. They were so arrogant they asked me to consent to judgment, even as they offered nothing in return. But when the case got tried, they got kicked in the teeth – judgment for defendant, and now they’ll pay my fees, too. Again.
So what is foreclosure defense, exactly? Foreclosure defense is a bunch of lawyers, like myself, who fight for homeowners, trying to kick the banks in the teeth often enough that they finally get reasonable and offer fair settlements to homeowners facing foreclosure.
In other words, here’s how I summarize foreclosure defense …
How many times do I have to kick a bank in the face before it starts to make reasonable settlements with homeowners?
You want to offer my clients nothing and proceed to trial, banks? Go ahead. Just put your mouthpiece in first … or better yet, a helmet.
Mark Stopawww.stayinmyhome.com
Posted in Main | 7 Comments »
Mark as always great work I am now in my 5th year pro se and I am turning the corner but it has been a long hard exhausting haul. I read your blog all the time and it has helped considerably along with Matt you guys are the best of the best in this fight. I am now making a sort of strategic move in which. I am going to file a motion to dismiss based on failure to post a non resident cost bond. I figure it would be easier than having to prove standing fraud etc.. because Im sure judges dont like to hear it or set a precedant for it. So after all these years I could quite possibly get it dismissed on this little golden nugget. Im hopeful that since i noticed them over 780 days ago and theyve done nothing in this case to move it forward but change lawyers. Im on number three right now that the judge will see that this is a waste of everyones time and the courts resources and dismiss, giving them an option to refile but by then the sol on this case will have expired and I will hopefully win by default.Like Pat Benatar in reverse im gonna hit them with my best shot. Wish me luck.
Good luck, Letty.
Mark
Stomp ‘em, Stopa! Love you! I sent DOD to servicer after Notice of sale was served on me. I pointed out that they stated one party “on behalf of” in the sub trustee letter and a different “on behalf of” party in the notice of sale, and that I had title search disproving their claim party registered their assignment with register of deeds 3 years ago, and that I have bank affadavit disproving claim I had not paid for 6 months (never missed paid exact amount on bill each month) – and pointed out lender BK for 5 years without ever assigning/selling to anyone so where are my payments going??? OKAY NOW THEY WANT TO “MODIFY” my loan – Good luck suckers! Getting DAILY offers – after I tried for three years to get them to behave honestly. Sent a DBag to my house who almost got on knees – I said you can dismiss the FC hearing anytime but I hope you don’t – and slammed the door in his face. You are right – their own arrogance is what will eventually do them in ….gotta call their bluff.
Can someone please explain to me how a judge can justify ordering a deficiency judgment in a Court of Equity? Money damages can only be heard in a Court of Law. Do the words “in rem” mean anything to anyone? Disgusting corrupt judiciary. I, for one, am tired of fighting both the opponent and the referee, but will do it ’till my dying breath.
Mark,
You are the Bomb.
I read all your blogs and really have gotten to know you as a Honest and Caring Defense Lawyer.
Thank You for all your HARD WORK.
Laura
The Mortgage Forgiveness Debt Act of 2007-2012 expires Jan. 2013. How will that affect homeowners in Foreclosure? (Deficiencies) We have been advised to consider Deed-in-Lieu before end of year.
Lin,
Advised by who? A realtor?
Look … I have many clients who want a deficiency waiver. Unfortunately, it’s often not that easy. There’s an art to obtaining them.
And I don’t think rushing just because of a tax issue is the answer. I have ways around the tax issue anyway.
Mark