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48696098 Pro Se Foreclosure Fighter Litigants as Seen by the Industry

48696098 Pro Se Foreclosure Fighter Litigants as Seen by the Industry

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Published by: Julie Hatcher-Julie Munoz Jackson on Mar 13, 2011
Copyright:Attribution Non-commercial


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February 2, 2011
Dealing with the Pro Se Litigant
Arthur E. AnthonyThomas G. Yoxall
February 3, 2011
Recent Increase in Pro Se Litigants
Current industry climate has led to an increase in pro selitigants
Negative press surrounding mortgage lenders and servicers hasemboldened borrowers to pursue legal action without seekinglegal advice/representationBorrowers often turn to the Internet as their first resource indealing with these issues, no shortage of self-help “resources”Many borrowers do not want to pay for representation
Classifying Pro Se Litigants:Frustrated Borrowers
Generally two types of pro se litigants:Frustrated borrowersPredatory borrowersFrustrated borrowers: genuinely frustrated borrowers who want to pay theirmortgage, but are unable to and are looking for a loan modification or someother type of relief and have encountered difficulty navigating the lossmitigation processCommon claims:TILARESPAHAMP-related claimsBreach of contract/breach of trial mod (HAMP TPP)Debt collection claims (state and federal)Wrongful foreclosureConsumer protection statutes (DTPA)

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