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Mark Brifman

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Sep 20, 2011, 5:37:32 PM9/20/11
to Defend Your Home from Foreclosure
As you probably know, since you are looking at this group, I practice
in the area of foreclosure defense.

This last bar convention was interesting, to say the least. I went to
each of the seminars regarding foreclosure and foreclosure defense.
There was no speaker who represented residential borrowers, although,
in fairness, there were those lender attorneys who were pretty even
handed in their presentations. There were those who were not, as
well.

One takeaway that I got was the prime legal rule in all of these cases
- "borrower loses".

Frankly, this is a terrible rule, but it does seem to be the rule. It
also appears that there is a concerted effort to make sure that these
cases do NOT make it past the demurrer stage. The only basis seems to
be economic - there are thousands of these cases waiting to happen and
if the courts allow them in, they will be swamped. That may be true,
but it is hardly a legal reason to grant demurrers.

I hope that we can make this group a meeting place for those who, like
me, defend homeowners (or others) facing foreclosure, in order to
trade ideas and war stories.

In the next couple of days I will be posting various pleadings to the
group that you may use, or edit for your use, to your heart's
content. If you have any that you would like to share, I hope you do
so. I don't know about you, but I can use all the help I can get.

If you know of any interesting cases, if you have had a victory that
you would like to share, or just to let us know what is going on in
your area of California, please feel free to post.

I am going to try to keep this group on a professional level, although
there are those interested laymen who are welcome to follow along or
join in. Given that I practice in California, this is going to be
primarily California-centric. But others are welcome.

Thank you for your interest.

Mark Brifman
ma...@brifmanlawoffice.com
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