What’s Next in the Foreclosure Defense World

We’re seeing several new trends that we think will shape the foreclosure defense discussion for at least the next several months to year. Last year things shifted every sixty days or so; now they’re changing about every six months.

These are the trends I’m seeing and a couple of predictions for the coming months:

1. Attorneys asking for help with foreclosure defense, loan audits and paralegal
services. Recently, I’ve drafted an Amended Complaint for a foreclosure lawsuit pending in California as well as a Motion in Opposition to a Lift Stay for a bankruptcy case. Both of these were prepared for attorneys defending a homeowner.

2. Homeowners are introducing us to their attorney after their audit is complete.

3. Snoops and spies working for the bank will continue to operate in the social media space in attempts to discredit anyone who helps homeowners fight foreclosure.

4. Homeowners will continue to educate themselves on foreclosure defense and the case law decisions in homeowners’ favor will continue to grow. We see a continuing and growing demand from homeowners who are getting prepared to fight their foreclosures themselves or with the help of an attorney.

5. Despite the negativity, there will be more people, including foreclosure defense attorneys and related professionals, entering the foreclosure defense profession to help homeowners. (If you’re looking for another service to complement an existing related business, NOW is the time to learn how to audit and get your business going, because I think we’ll see an explosion of growth in the next six months to a year. We offer several options if you want training.)

6. I think we’re going to start seeing title companies going under from losses. The title company always loses, and when you always lose, you run out of money. In the future, I don’t see how every foreclosure in the United States will not have a defect in title after being stolen from the owners.

7. I’ve mentioned before that I think this is all going to be sorted out in the courts. We’re already seeing early signs in Florida of the courts telling the banks that they cannot foreclose, and it’s just a matter of time before it reaches the rest of the country. I think in the next six to twelve months, the 9th Circuit will hear a case and decide in favor of a homeowner on the merits of the law (and not what’s going on in the media or coming from the government) and it will really get easier to win against the banks. When we have a couple of solid Federal case decisions from nearly every Federal Circuit in the United States, I think the servicers will either start negotiating in earnest or they will collapse.

I think their collapse is a more likely outcome. No homeowner is going to make another house payment to a party who has no right to collect payments. I’ve seen too much evidence during audits of how the documents are fabricated literally weeks prior to foreclosure, which means there probably isn’t a file folder anywhere in Deutsche Bank’s building that contains evidence of a transfer of a single Note in the United States. I don’t think they properly evidenced the transfers of the majority of the loans at issue, and without that documentation, how can they demonstrate lawful authority to foreclose?

Combine that with the “Move Your Money” movement and the new financial reform legislation, bad publicity, and viola! You have a financial disaster for the big banks. And there won’t be another bailout!

8. We’ll see that social media, meaning the sharing of information, especially from foreclosure defense blogs, will bring this mess to an end much faster than if there were no social media.

We will continue our efforts to write outstanding content, produce videos, and continue sharing what we think is working as we notice it. I work hard to write content that is different than what the other blogs are writing about, although sometimes it’s tough to generate this much content and keep it fresh!

Thanks to our readers ….this blogging stuff is a lot of fun. I’m so grateful for the opportunity to share my knowledge with you.

Got questions? Need a loan audit? Need some other help? Send me an e-mail: Christine@desertedgelegal.com.

DISCLAIMER:

****CHRISTINE SPRINGER IS NOT A LICENSED ATTORNEY. THIS BLOG IS COMPRISED OF HER OPINIONS, OBSERVATIONS AND INTERPRETATIONS AND IS NOT INTENDED TO BE CONSTRUED AS LEGAL ADVICE. PLEASE CONSULT WITH AN ATTORNEY BEFORE RELYING ON OR TAKING ANY ACTION BASED ON THE INFORMATION IN THIS BLOG.****

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