Anatomy of a Foreclosure Trial
Updated: Dec 10, 2019
If anyone has ever told you that you can't win a foreclosure trial, they don't know what they are talking about, plain and simple. I wanted to post this transcript from a foreclosure trial I recently won. At the end of the transcript, the Court rules for my client (the homeowner) and finds that the bank failed to prove legal standing to foreclose on the mortgage!
Foreclosure defense litigation is a nuanced area of the law and foreclosure trials tend to have a certain "flow" to them. You have to be quick on your feet because you have to object to the evidence and certain portions of the testimony on the spot and properly articulate your objections (hearsay, lack of foundation, lack of authentication, etc.) or else your objection may be deemed waived.
For those of you who have not been a part of a contested foreclosure trial, I wanted to post this so you can see how a foreclosure trial typically proceeds. Now, some very effective lawyers may disagree with my approach and reasonable lawyers will disagree on strategy sometimes. That's normal. This is simply to show an example of a contested foreclosure trial I personally handled recently and to show you that you CAN stand up and WIN!
Ryan C. Torrens, Esq.
Foreclosure defense attorney