How to Use Experts to Win Your Foreclosure Case
The first thing you need to know is that the banks will never bring their own expert to contradict your expert.
The second thing you need to know is that the use of an expert is complicated if you really want to achieve victory.
People often request now that I provide expert testimony. The main reason they ask is that they think that if I say under oath that securitization is a scam, the court will then rule against the foreclosure mill pursuing the forced sale of their homestead. My consultation and even testimony can be helpful in achieving a favorable result (no guarantees).
Nobody should automatically assume victory because expert testimony reveals defects in the prima facie case against the homeowner. It’s more complicated than that.
An expert must be able to demonstrate specific superior knowledge outside of the purview of the normal lay people as to (a) this specific case (b) applicable rules, regulations, customs and practices in the industry (c) what work was done in this case (d) what facts were revealed and (e) the significance of those facts. In addition the expert must be able to defend on cross examinations the conclusions reached and the quality of the work performed in order to reach that conclusion.
A general affidavit about the industry is worthless. It must state specifically the factual conclusions about the case at bar or it will be either rejected as evidence or simply ignored. And if the presentation fails to show the judge how those factual conclusions were reached it will also be ignored.
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