The single most important moment in foreclosure: Motion to Compel Responses

THE NEIL GARFIELD SHOW

You have often asked "how do I prove that?" And my answer is always the same. You don't prove anything because you don't need to prove anything. Stop thinking of yourself as making a claim against anyone. And start thinking about it the way it is. Someone is making claim against you. They don't have a case. If you want to say you are proving something, then say you are proving that they don't have a case. I can never give absolute assurance of the outcome of any litigation, no matter how clear anyone thinks the issues are or how well they have been presented. But assuming that proper interrogatories, request for production and request for admission are drafted and filed in a timely manner as prescribed by local discovery rules, I can absolutely assure you of one thing that will be true every time: if the foreclosure claim is in any way related to claims fo securitization, they won't answer you. Do not try to prove that securitization is evil. It isn't and it never will be evil by any commercial standards. What I have written and spoken about is not that securitization is evil but that it never happened. And you don't need to prove that either. Keep it simple and add other motions merely to direct the court's attention to the fact that presumptions are being used rather than actual allegations or evidence. Like it or not, all those assumptions and presumptions and exist. If you want to win the case, you need to rebut or defeat the use of those presumptions or else in virtually all cases you will lose.