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Old 08-06-2020, 10:20 AM
 
14,485 posts, read 20,667,037 times
Reputation: 8002

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Here is a case and the attorney for each side.

Bank Of America Na VS R. Himes
Plaintiff Attorney – B. Oliver
Defendant Attorney – W. Parker

What are all the reasons the defendant is represented?
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Old 08-07-2020, 03:49 PM
 
Location: Phoenix, AZ
6,341 posts, read 4,912,913 times
Reputation: 18004
"All" the reasons. I can't count that high. But I can think of some.


1 - He wants one and doesn't have to explain it.
2 - He wants to fight the foreclosure and doesn't have his own law degree.
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Old 08-08-2020, 08:55 AM
 
276 posts, read 231,441 times
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maybe he feels they don't have an enforceable lien.
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Old 08-08-2020, 10:18 AM
 
14,485 posts, read 20,667,037 times
Reputation: 8002
The conversation between persons was that if the defendant is represented by an attorney they are trying to retain the home. I'm not sure why because if the defendant had worked out something with the bank the auction would not be on the calendar. However I've seen some on the calendar and the night before the auctions this or that case is gone meaning (?) the bank and defendant have at temporarily resolved the issues. I check the night before to see if the one we might have been interested in remains on the docket.

I know someone who is walking away from the home and moving to another state. They have told the bank they can no longer make payments. It is surely (?) to become a foreclosure and I would not expect them to be represented unless the attorney is there for some reason related to the process or paper work once the highest bidder is known after the auction, etc. But, I'd expect that the lawyer for the bank would have documents and paperwork related the the sale to the highest bidder.

It was my feeling that if a defendant was not represented then they were not trying to keep the house. And the only bidders would be the bank or investors or other persons as we.

No lawyer for the defendant would be one less bidder.
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Old 08-09-2020, 04:42 PM
 
Location: On the Chesapeake
45,435 posts, read 60,623,477 times
Reputation: 61048
Maybe because in a legal proceeding the defendant has the right to be represented by counsel.
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Old 08-10-2020, 11:41 PM
 
13,131 posts, read 21,011,866 times
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Couldn't find anything to buy with their stimulus money so decided to contribute towards their attorney's Bali vacation.
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