Home › Forums › General › EHTrust/EHT Topics and Creative Real Estate Financing › Three Arck Successes
December 2, 2011 at 7:09 pm #34004
Maybe the Wiz has the right approach – wear them down, while attacking “Standing”.
Fundamentally, all the programs seem to come down to that in the end. Once you’ve identified the fraud and the mishandled paperwork or lack thereof, and initiated the action, just plan on a long drawn out process. If it eventually comes down to it, work it on through the courts until a settlement is reached. It’s an enormous amount of work and exercise for the brain cells.
I’m confident that the pretender lenders are also learning from those who are fighting with them and using whatever techiques they have discovered to slow the process down. Who can out-wait the other.
Maybe after the data is collected we should simply go for Quiet Title to make sure we’ve got their attention.December 2, 2011 at 7:55 pm #34005
The Wiz ‘ain’t no dummy.
As to quiet title actions who/where has that succeeded? i know its a concept.
As to the lenders/banks utilizing a martial arts technique—yes—they and their lawyers learned the court game fast.
I’ve been an originagtor and cobene on 2 3arcks about 1.5 years.
An interesting observation about lawyers is they don’t really care which side they argue just so they get paid. That’s their training.
c hDecember 2, 2011 at 11:10 pm #34006
QTA is not a Concept, it is a Lawsuit and when combined with the proper docs and EVIDENCE, WILL result in a lien release. QTA is the final step that every successful attorney uses in court. I have personal knowledge of this.
However, without the proper evidence, a QTA is useless. You can’t just file a QTA and expect the court to do all work for you. You dave three choices, hire an attorney and hope they are educated on the securitization process etc., do it your self and hope you don’t screw up, or work with a partner that has extensive knowledge, success and experience.December 8, 2011 at 4:07 pm #34007
That’s easy — most attorneys are clueless and overcharge. I’ll continue to do it myself. I figure I have less chance of screwing up and more interest in success than anyone else re my case. I also care more about it.December 8, 2011 at 5:33 pm #34008
Sadly Doc, pro se seems to be the option of necessity. Attorneys would be more active in this arena if it didn’t require so much time and energy to learn and apply the arguments associated with mortgage securitization fraud and quiet title. Except for the class action guys, I wonder how many attorneys are even smart enough litigate such an issue.December 8, 2011 at 11:06 pm #34009
Very few. I interviewed at least a dozen and only one had the level of understanding necessary to deal with the banks in court. Unfortunately he wanted $5K retainer and $250 an hour. I’ll keep plodding along…
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