The Pros and Cons of Attorney Representation
The following report is the
author's opinion,
derived over the years as an
active loan mitigation specialist.
It is not the author's
intention
to bash any one person or
agency in the following report.
However, it is the intention
of the author
to relate his experience to
the general public,
in an essay
format,
to inform the public with
history and experience
that would generally not be
available to the public.
Thus giving the reader of the
report more information
to assist in making future
decisions about his or her situation.
Law ~ Lawyers ~ Government
The United States Government
is operated and controlled by
laws.
The people of
the United States
are governed and controlled
by laws.
The law-makers are elected and appointed attorneys.
These lawmakers are
compelled,
while in office,
to accomplish
something
so that they will be
re-appointed or re-elected.
Do you feel that they are
really doing their best for YOU,
or do you feel they would
sell you out,
as an individual,
for more money or a group of
promised votes.
Attorneys have created their own language,
which is a foreign language
to the general public,
to ensure their perpetual
existence;
examples:
-
you need an attorney to decipher
the law to understand the law,
-
you need an attorney (in most
cases) to pursue any kind of suit on your behalf if you want any chance of
success,
-
you need an attorney (in most
cases) to defend against any suit brought against you if you want any chance of
success.
Our entire judicial system is
comprised of attorneys,
none of which are
employed
(thus considered as
controlled) by you.
Remember that even the judge
is an attorney.
The entire judicial system
was created by attorneys
and is run and controlled by
attorneys.
To enter THEIR judicial
system
at any level without an
attorney
that is employed (controlled)
by you,
is potentially suicidal.
When I think about attorneys,
I picture them as snakes
slithering in the tall grass
of the field of
life,
where the people,
that comprise the mass of the
general public,
are living their
lives.
These snakes have the ability
to sneak up on you,
coil, and strike,
without you even being aware
of their presence,
leaving you damaged, hurt, in
pain, or worse.
Then they slither off to find
the next victim.
Your only defense,
is to have your own
snake,
that you control,
to stand with you in that
field,
to alert you of the other
snakes presence
and to protect you from an
attack.
It only depends on how big
and powerful YOUR snake is,
as to the outcome of your
protection.
This is why I feel that
Attorneys and Politicians
are members of the largest
group of professionals in the United States that are despised by the general population.
Think about your own experiences with the judicial system and attorneys in your life.
Have they been
pleasant?
Did you have an attorney on
your side?
Or did you come
away
feeling that the system did
not work
because you couldn't afford
to play by THEIR rules!
Foreclosure and The Judicial System
In every state that I have worked in,
including Illinois,
any company structured
entity
is required by law
to have a state licensed
attorneys representation
while dealing within the
judicial system.
Your lender or mortgage company is such an entity,
so they are required to have attorney representation.
They are also making money
and have more money to spend than you.
For the most part,
they are spending the money YOU have paid
them
on the lawyers that are going to prosecute you.
So guess what?
They hire good attorneys
who specialize in the foreclosure laws.
Isn't it ironic
that a system designed by attorneys
would require attorney representation,
or is this just the method of their design
to create a perpetual income for themselves.
You, as an individual,
are not required to be
represented by an attorney.
The law-makers (being
attorneys)
have created a law called Pro
Se representation
that allows you to prosecute
or defend on your own.
For most of the general
public,
this is nothing more than a
hangman's noose
placed over the entry doorway
to the judicial system
that will catch the
unrepresented inexperienced individual
around the neck and choke
them.
Taking a moment to look at the reality of the
situation;
-
The lenders are required to use
attorneys to represent them in court
-
Attorneys don't work for
free
-
the lenders have the money to hire
the best.
-
only a very few attorneys do
charity
-
Most people who fall behind on
their payments have no money to hire an attorney to represent
them
-
until recently, attorneys have held
an unchallenged position and authority in the triumphant outcome of the judicial
foreclosure process. Meaning NOT in favor of the
homeowner.
-
until recently, the attorneys who
were knowledgeable and proficient in the foreclosure laws worked for the
lenders
Notice I said Until
Recently
NO, the attorneys have not grown a conscience,
and NO, the attorneys have not become
charitable!
In the past,
attorneys controlled the judicial foreclosure process
virtually unchallenged.
After all, what could you, as an individual, do?
You couldn't afford an attorney,
and you don't speak that foreign language of law.
Most people didn't even go to court.
The lenders,
who in many cases
were knowingly placing homeowner's in a mortgage
they would not be capable of maintaining,
simply used attorneys
to take away the homeowner's property
when they defaulted on the payment.
The process was simple
because the homeowner had little or no money
and little or no knowledge of the law to defend themselves.
What has changed?
I have discussed just
about every aspect of how attorneys are involved in the foreclosure system,
now I am going to discuss why all of a
sudden
attorneys want to help homeowner's.
Like I stated earlier,
attorneys have not grown a conscience
and they have not turned charitable,
this is simple economics.
With the inception of the new laws in 2007,
the Do Gooders are closing up
and the attorneys see a payday!
Attorneys have found that the lenders,
in their haste to make money,
have many times neglected
following the institutionalized lending laws and
procedures.
This leaves the door wide open for
attorneys
to legally challenge the lenders
on the legality of the mortgage.
This gives the attorneys a niche to work
in.
This niche has always been known,
but there were not enough cases
to make a private practice profitable.
Today however,
with the current epidemic of foreclosure
cases,
it has become private practice
profitable.
Further,
now that the private practice attorneys are getting
on board
to help homeowner's,
they have studied the foreclosure and mortgage
laws
to find even more ways to help the
homeowner's.
Investigate a
forensic audit of your mortgage
You may find that
your mortgage breaks the law.
What Should You Do?
No one but you can answer this question.
If you have read all the information on this
website,
then you already know what you want to
do.
Get Your Plan Built
Then Act On It!
With this report in mind,
what approach do you want to take
in the judicial system for your
situation?
If you want help creating your PLAN,
check out the Resources
Page.
There you will find companies,
that I have personal
knowledge of,
that have the
knowledge,
experience and desire to help
you.
If you want to try this on your own,
I hope that this website has
given you
the knowledge to move
forward.
See Do It Yourself
If you decide you would like to explore
the attorney representation
route,
you will find companies that
have the knowledge,
experience and desire to help
you, on the Resources Page.
The one piece of advice that I will leave you with is;
to find a company that you
feel good with,
who has a knowledgeable
staff,
experience with foreclosure
loan mitigation,
and if represented by an
attorney,
will examine your
case
for evaluation and
consultation
prior to any charge, if
any.
GOOD LUCK in your endeavor,
and please visit our blog and forum
to leave express
yourself and experiences,
so the IAFPP community can grow.
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