A Tale of Caution for Pro Se Homeowners
I had a hearing recently. As always, I had prepared beforehand, so I was ready and I was confident. As the hearing time arrived, though, I had to wait. This hearing was on a mass-motion calendar, such that several hearings in various cases were all scheduled at the same time.
Frankly, it often feels like a waste of time, having to wait and watch other cases while waiting for my turn. That said, it’s sometimes interesting to watch other lawyers argue.
Anyway, as I was watching these other cases, waiting for my turn, I realized that one lawyer’s argument was exactly the same as the argument I was about to make. Same facts, same argument, same judge. When that lawyer lost (“motion denied”), I was discouraged. My argument, after all, was the same. And that lawyer, frankly, hadn’t done a bad job.
About 30 minutes later, it was my turn. I argued the same issue, just in a little different way. “Motion granted.” Case dismissed.
Why would a judge rule differently on the same issue and the same facts in less than an hour? From where I was sitting, just one thing was different – the lawyer.
Maybe that judge knows I can (and will) go to the appellate court. Maybe that judge respects the work I’ve done and passion I exhibit representing homeowners. Maybe there’s something about the way I argued it that made the judge agree.
Whatever the reason, ask yourself this. If a judge can deny that first lawyer’s argument, when he did a pretty good job and presented the argument correctly, how do you think you’ll fare as a pro se homeowner trying to argue it yourself?
This is one aspect of this blog that has always troubled me. I want to help educate the public and spread information. But this information has to be used in the right way. If you think you can copy a form or something you’ve read here and use it to win, please take this story as a word of caution. Foreclosure defense isn’t just presenting the right argument – it’s making the right argument at the right time in the right way (and, often, from the right lawyer).
Mark Stopawww.stayinmyhome.com
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