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Sunday – December 24

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What Every Homeowner Needs To Know About Foreclosure Defense Attorneys: Why They Remain an Endangered Species and What If Anything Can Be Done About It

This is a rebroadcast of our live show that aired on December 27, 2015, the content of which is even more relevant today than it was two years ago.

Most of our listeners, for instance, know how increasingly difficult it is to find a competent foreclosure defense attorney or even any attorney at all to defend a foreclosure case, for the many reasons already discussed on several of our past shows, including the one being rebroadcast this Christmas Eve.

But few really know the actual underlying cause why being a foreclosure defense attorney can be directly dangerous to one’s professional health, which may surprise you.

As you know, borrowers facing foreclosure almost always have limited funds given the insane costs of litigation, and for that reason are not usually seen as attractive clients by the vast majority of the Bar.

But there are many attorneys in every jurisdiction who are proudly engaged in public interest lawyering who do unselfishly dedicate their law practice not to principally making money but to trying to help the most vulnerable in our society, yet they rarely engage in foreclosure defense. Why?

The truth is that foreclosure defense attorneys are generally mistakenly looked down upon in the legal profession, particularly by the vast majority of Judges who still want to ask only “have you paid your mortgage?” and who wrongly perceive and sanction the arguments of attorneys representing “deadbeats” as inherently merely frivolous delay tactics.

Worst still, the witch hunt against foreclosure defense attorneys has inevitably spilled over to state agencies regulating and disciplining attorneys, some of which state agencies in recent years have mounted vicious prosecutions against foreclosure defense attorneys, particularly in California, while ironically ignoring the pretender lenders’ attorneys’ constant stream of fraudulent loan paperwork submitted in court.

Lawyer regulatory agencies like courts are solely dependent on parties bringing cases before them, and that is where foreclosure defense attorneys have become highly vulnerable.

An attorney who spends his professional time and career, for instance, sequestered in his office married to his computer, as an expert on uncontroversial section blip blip of some state or federal statute will rarely have a client file a grievance against him or her, but a litigator battling Neanderthal judges and well financed opposing counsel in contentious court foreclosure proceedings out of the office, challenging the status quo, inevitably becomes obvious prey to disgruntled regulatory complainants.

There are many reasons for that.

Most foreclosure defense attorneys are simply too busy and too underfunded to babysit clients otherwise demanding the kind of excessive and unnecessary attention they are however unable to pay for and which take time away from other cases needlessly.

Some foreclosure defense clients, on the other hand, are simply dishonest and think they can game the system by eventually attacking their own counsel, especially if they appear to be or are losing their case.

Other foreclosure defense clients are understandably negatively mystified by the large waste and bureaucratic confusion and high cost of the legal non-system, and if they lose in court have a natural human emotional tendency to blame their foreclosure defense attorneys who they too often mistakenly perceive as an intentionally integral part of an abusive system falsely taking their money from them under false pretenses.

Those kind of dishonest or simply distraught foreclosure defense clients will demand their money back, accuse their counsel of doing a terrible job and lying to them and not keeping them informed, require counsel to provide them with an exhaustive accounting without paying for it, and of course threaten counsel with a retaliatory, regulatory disciplinary complaint if their demands are not met.

Once counsel as a result gets swept in this retaliatory manner into a state disciplinary system with one’s Bar license at stake, counsel can expect a well financed prosecutorial team too often less than secretly counting their “wins” — putting fairness aside — measured only in terms of how many attorneys they can successfully disbar, thinking only of their personal prosecutorial careers.

Of course, there have been and there are and there will be intentionally dishonest as well as grossly incompetent foreclosure defense attorneys deserving of discipline, too many in fact, but still much fewer than those actually being cavalierly sanctioned by regulatory disciplinary counsel, such excesses triggered by the same arrogant ignorance as shown by many foreclosure judges.

As we go into the New Year, therefore consider hugging your foreclosure defense attorney rather than excoriating him or her, if you are lucky enough to have or can find one.

For he or she is truly an endangered species.

Gary Dubin

Please go to our website, www.foreclosurehour.com, and join your fellow homeowners in the Homeowners SuperPac today.

A Membership Application is posted there waiting for your support.

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CALL IN AT (808) 521-8383 OR TOLL FREE (888) 565-8383

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The Foreclosure Hour is a public service of the Dubin Law Offices

Past Broadcasts