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The Rules of Evidence

One of the best reasons to hire an attorney like me is the requirement of the “rules of evidence” in New York State.  You see, when the bank files a foreclosure action against you, the bank really wants you to default in the lawsuit. The bank wants you to ignore it.  That way the bank doesn’t have to prove very much at all in the lawsuit.  But once you start putting up a fight, by hiring an attorney like me,  you can now require the bank to submit evidence properly.  You force the bank to “dot all the I’s and cross all the T’s” so to speak. 

In New York State, the standard for proving facts in a lawsuit by means of documentary evidence is quite high.   If the bank doesn’t submit that “evidence” properly, the court will toss it (and the case) out.  That’s where I come in.  Once you put in an answer to the complaint, I can attack the bank’s “evidence.”  Such an attack often makes the court throw out the foreclosure action/lawsuit.  At the very least it slows down the process of foreclosure, giving you more time.

You may then ask: Why do the banks have so much trouble submitting proper evidence in foreclosures?  Aren’t banks wealthy institutions?

Yes, banks have a lot of money, but for some reason, in my opinion, I don’t know why, banks tend to commence and maintain foreclosures “on the cheap.”  They try to draft all the documents in foreclosures while saving as much money as possible.  Often, they sacrifice accuracy as to foreclosures and as to loans. Plus, the loans themselves have often been securitized and sold any number of times – at pennies on the dollar.  So what you’ve got here, in my opinion, is a “volume business” when it comes to loans and foreclosures.   Luckily, my business is not a “volume business.”  I am an expert when it comes to foreclosures and mortgages. That is why I often win these cases.

I hope this helps to explain some things about foreclosures to you.  If you have any further questions, remember, you can always call me to ask about them.


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