I like Nye Lavalle and agree with many of the conclusions in his attached paper relating to foreclosure defense. The biggest problem I see…and it’s a HUGE one, is that much of what he advocates herein is not at all practical and in some respects, the Rules of Civil Procedure, Rules of Evidence and existing case law are directly contrary to some of the assertions he makes.
The other big worry I have is that too many consumers will read his paper and forget the most important thing:
IF YOU DON’T HAVE AN EXPERIENCED FORECLOSURE DEFENSE ATTORNEY, NONE OF THE ISSUES ASSERTED WILL EVEN BE CONSIDERED BY A COURT
He is raising some fairly sophisticated issues. Issues that take months of painstaking work for an experienced attorney to bring up. You do not simply raise these issues by filing an affidavit or walking into court and making claims and offering opinions….the Rules simply forbid such activity. With that in mind, read a few statements: