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:
I have been folowing this for awhile and actually just filed an appeal to a dismissed QT action after a civil suit was dismissed.
Pro Se because you are wrong, most attorneys don’t have the balls let alone the legal skills to fight foreclosure.
Sorry Matt, I have been at this for 3 years, case law research, precedents and a foundation laid on Constitutionallity. I see people go to lawyers who collect $1500 and file BS bankruptcys.
By the way I was going be to be an attorney in my youger days and was in a first of its kind pre law program at a prominent univ when I bailed after a yr and a half to go in the service during Vietnam. The law is not complicated, legalesse, manipulation and a system plagued by bullshit rules of the court the product of an insecure profession haas violated the foundation of the judicial system the founders envisioned, just look at the Supreme Court and remember a certain founders comments and concerns?
Nothoing personal but look around, what you have taken on is commendable but I would not be so confident nor endorse those in your profession so blindly.
Joe Leinweber Jr, Ret USAF 2010/2012 Candidate for the US Congress TN 2nd district.
“As a Pro Se one must endure the stigma that they have a fool for a client; I would respond that I trust myself, but lack any trust in those I have seen and spoken to who profess to practice law, perhaps they need more practice but not with my life at stake.”