DEAR ROBIN – HOW CAN THE LAWYERS HELP ME NOW?
Dear Robin,
I wish that attorney could just walk into a court room and demand the judge give me a free house based on the violations and all the other dirty stuff the lender did to me when I was so dumb and eager to buy that house in Vegas that I couldn’t afford but hell the market was so aggressive I was counting on that equity surge or bubble or whatever they call it to cushion me should anything go wrong with my job or my health as it were. Now the equity has gone with the wind and the only cushion I have left is some black macadam, fireplugs and streetlights.
Can somebody please help me now that I’m underwater $200,000 on what I believed would be my Ancestral Home where I could raise my children and my children’s children. Damn I should have stayed down on the in Kentucky farm like my Mama told me. I mean I thought I could get a free house but everybody is saying no way.
Robin I really need help, please what can I do?
Yours truly, Jake Jones
Dear Jake, I’m sorry to hear you are down and out, but I assure you that you are not alone. Unfortunately the free house thing is not available to most of us since the courts aren’t going for it no matter how much fraud the lender may have committed on you when he sold you that home and the banks are as bad natured as snakes in a barrel and don’t normally go about giving free houses to people if they can’t help it.
What you got to do is find a mouth piece looking to present something that is fair and reasonable to the court in an effort to satisfy your needs as a homeowner. That “Show Me the Note” strategy, well that doesn’t really work so well as a permanent solution – at best it will only serve to slow the Foreclosure Process down since that bank will pull a note out of its sleeve sooner or later, and the judge, well he don’t really care if that note is bogus or not because he probably went to school with that banker or knows one of his cousins.
When you get your matter up into a mediation or court you need yourself an attorney that knows how to use strategy that proves the straw-lender or lawyer talking to the judge on behalf of a lender or a bank has no knowledge or connection to the real lien holder. They need to be exposed as a pretend lender.
Anybody who is posing as a representative of a property should be challenged to prove it. If the attorney makes a demand for proof and presents facts that are counter to what the bank representative is claiming to possess it opens a door that encourages the court to move for discovery and an evidentiary hearing which allows an opportunity for justice, and that’s what your after Jake, justice.
Your gonna get these so called representatives of the banks thatflex their muscles and try and take control of the situation when if fact they have no real knowledge of the loan or whom they are representing – they’re just hired guns Jake.
This hired gun usually is not sworn in as a legal witness and if challenged and proven as making false representations then the defending attorney has the opportunity to convince the judge to allow discovery. Once you have obtained that position in the court you have the pretender lender trapped like a rat in a cage because their representation was nothing but a lie to begin with.
The attorney’s goal in a case between homeowner and lender should be to find out who the real creditor is, re-underwrite all documents pertaining to the loan and to make sure the loan was made in good-faith without predatory intentions or fraud. A Forensic Audit should be performed on all documents pertaining to the transaction so when discovery is presented your attorney has a hand to play. If you get the upper hand on the bank by finding out they did commit some hanky panky then your attorney can fight for what’s right for you and yours.
I wish you good luck Jake and God’s Speed.
Robin Basichis – President CBC Property Solutions Inc.
