Showing posts with label challenge. Show all posts
Showing posts with label challenge. Show all posts

Saturday, January 20, 2024

SAVING THE INNOCENT LANDOWNER FROM TITLE FRAUD IN GEORGIA

 Today, I went on the Gwinnett Courts website and saw a warning to homeowners that alerts them to title transactions.  It's at gwinnettcourts.com  .  Kudos to the clerk and to Georgia for making the homeowner who goes to the site aware of the problem.  

However, what percentage of homeowner visit the site in Gwinnett?  

Even if they did a flyer drop to reach the elderly, would that be enough?

Is this measure enough to protect a vast number of victims?

Some may say the laws need to catch up with the thieves.  The entire transaction needs to be slowed down. True owners should be able to go into court within 12 months to challenge the transfer, lien, and fraud perpetrated by scammers. Between innocent homeowners and lending institutions, the innocent homeowner should be protected.   

There are other protections that owners should be allowed that are similar to those are afforded credit card holders whose credit cards are stolen and used.  There is already a model to this delayed full title transfer.  In tax foreclosure sales, the purchaser of that property knows there is a period that the owner can restore the property.  The only difference is once the "innocent/victim" shows fraud in Court, the responsibility falls on the transferee/lender to chase down the person or company that scammed them to obtain their funds.  If the lender or transferee is left "holding the bag" on these fraudulent transfers, greater care will be taken to confirm the validity of the transaction. 

If those holders are allowed 30 days to challenge transactions, there is no reason that land and homeowners shouldn't be given 6-12 months to restore heir status. 

Thursday, October 20, 2022

Lawyers Must Challenge Their Clients' Positions and Evidence

 When you visit a lawyer and during the representation, you should expect counsel to challenge your position and question your documents. If your lawyer isn't doing that, she's not preparing you for the tough questions you will face in court and during your deposition. Even during mediation, a skilled mediator will question your position.

This should be expected because your opponent doesn't hand you money in non-car accident cases without a fight. You have to support and defend your position. Your attorney should act as a gatekeeper to prevent you from making a fool of yourself on the stand. 

Therefore, preparation at the beginning is key. Take the list of items presented to you seriously. Get documents to your lawyer as quickly as possible. The more documents you have to support your case, the better.  Answer your interrogatories and produce your documents as early as possible. 

Most importantly, don't be offended when you are cross-examined by your lawyer on your theories of the case. It will show the holes in your case and prepare you for the key stages in your litigation.