Inside the Bank Foreclosure Defense Industry

• Author: Rebecca A. Taylor
• Pages: 3-6

Inside the Bank

Foreclosure Defense

Industry

Chapter 1

3

In the legal business, change is a fundamental rule of the game. If

the federal laws aren’t changing, the state rules are. There are cer-

tain principles that are more constant, such as the canon of stare

decisis, whereby courts still adhere to a legacy of case law and

long-standing legal policies. From stare decisis, we may develop

strategies that can be somewhat uniform, no matter where you prac-

tice law. However, there are so many issues of first impression in

the foreclosure field of law that every time a new issue is decided, it

will change the game; then the rules may change again if the deci-

sion is overturned on appeal and new statutes are enacted.

Although this is less the case than perhaps at the beginning of

the foreclosure crisis, many bank representatives have no previous

experience with litigation or any court matters, and legal principles

are foreign to them. They may not understand or might just claim

ignorance as to why a homeowner is entitled to receive any of the

materials requested in discovery. Bank representatives often resist

even more vehemently having to appear for a deposition and are

often shocked at the inherently grueling nature of this proceeding.

Yet the banks must not forget that in filing all of these foreclosure