FORECLOSURE DEFENSE 101 SYLLABUS
SESSION ONE: PREPARING TO DO BATTLE
– Organizing your paperwork, your mindset and creating a game plan
– Terms and definitions you’ll need to know and understand
– Understanding the battle in both judicial and non-judicial settings
– Researching and identifying targets (which fights to pick and which to avoid)
– Following the money trail (are you in default or not?)
– How attorneys manage to drag out a foreclosure for 2 years or more
– Why it becomes necessary to develop a “Plan B” strategy
SESSION TWO: DRAFTING YOUR PLEADINGS & RESPONSES
– Understanding pleading structure and content
– Making the best use of your time in case preparation
– Case development based on your particular set of circumstances
– Understanding court rules and how they apply to your pleadings and answers
– Pitfalls to avoid in responding to complaints or in the alternative, initiating litigation
– Use of citations and other evidence within your pleadings
– Making use of outside paralegal services
SESSION THREE: HITTING THE BULLSEYE
– What to expect from “the other side” in response to your attack
– Why suing MERS should not be part of your game plan
– The problems with judges and how to understand “what just happened”
– Preparing effective discovery based on your game plan
– Bad mistakes attorneys make in drafting pleadings, answers and motions
– The two-pronged attack: waging war on criminal AND civil grounds
– Use of deceptive trade practices acts and other foreclosure-related issues
SESSION FOUR: AT SOME POINT, YOU MIGHT END UP IN COURT
– Use of continuances and other legal nuances
– Following rules of civil procedure, evidence and local court rules
– The difference in going pro se and retaining counsel
– Understanding objections and why the opposition uses them
– How and when to use motions for reconsideration
– How and when to use motions to vacate judgment
– How and when to use the appeals process
EACH SESSION WILL HAVE PDF HANDOUTS PROVIDED OUTLINING CASE DEVELOPMENT, SAMPLE PLEADINGS AND CASE STRUCTURE!
