How to Stand Your Ground in Court Without Offending the Judge
A Guide for Homeowners and Their Attorneys in Foreclosure Defense
Did You Take a Loan?
We've all been there, sitting in a courtroom, listening as the judge fires off a familiar question: "Did you take a loan?" Whether you're defending yourself or you've got a lawyer by your side, this moment can be nerve-wracking. But listen up, it's crucial to hold your ground.
Your response should cut straight to the point: "Your Honor, I've had my share of loans over the years. But the key thing here is, I've never taken a dime from these folks or anyone they took over from. So, when it comes to this loan, this debt, this default, this note, and this mortgage—I deny it all. I've got zero business dealings with them. If they say otherwise, it's on them to prove it."
**Note**: This approach specifically applies to cases involving securitized loans. These are loans that were supposed to be bundled and sold off, but often that didn't happen the way it should. Investment bankers sometimes just ignored this process. So, the claim that you owe them money? It's on shaky ground.
Is That Your Signature?
Another loaded question you might face is, "Is that your signature on the note? Is that your signature on the mortgage?" This is a tricky one, but it doesn't have to trip you up.
You could answer: "Honestly, Your Honor, I can't be sure. Some of these documents might have my actual signature, others could be digitally altered. So, I'm going to deny that's my signature unless they can prove it. What I do know is, if they ever got my signature on anything, it was through deceptive tricks."
What to Do When More Questions Come Your Way
Let's say the judge or anyone else keeps throwing questions at you. If you're feeling bold enough, here's how you can handle it: "Your Honor, this isn't the time or place for a full-blown evidence hearing. If someone's accusing me of something, I've got the right to know who's making that claim and exactly what they're saying I did. Until I can review all their records—not just the cherry-picked ones they want to show—I can't fully respond."
The bottom line is, there won't be any records of a financial transaction between you and the party trying to take your home. Because, let's be real, that transaction never happened.
Conclusion
Defending yourself in a foreclosure action is not for the faint of heart. But with a clear understanding of your rights and a willingness to speak up, you can navigate the questions that come your way without ticking off the judge. Remember, in these securitized loan cases, the burden of proof falls on them. So, stand your ground, demand evidence, and keep challenging the narrative. That's how you protect your home.
