“It is clear that the system is ill-designed to represent the best interests of defendants.


Editorial – Stacking the Foreclosure Deck

Homeowners have cause to complain that the judicial deck is stacked against them in foreclosure cases.

Consider the findings of the Tribune’s Shannon Behnken, who reports current law allows the lender in some cases to actually select the legal representative for homeowners when there is a foreclosure dispute.

This is grossly unfair.

Here is the situation: When a lending company cannot find a homeowner to notify about a foreclosure lawsuit, the judge frequently appoints a guardian ad litem to represent the homeowner’s interest. But the judge typically picks the representative from a group of attorneys recommended by the lender.

The lender pays the guardian attorney’s bills, so there is some rationale for the practice. It is perhaps understandable no one questioned the system when foreclosures were relatively rare.

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