Foreclosure Defense Essentials: Proving Irreparable Harm

Irreparable Harm is something that is affecting homeowners and it is an issue that needs to be addressed by them. Irreparable Harm is the type of harm in which no monetary compensation can cure or put conditions back the way they were. An example is the loss of a priceless family heirloom that has been passed from generation to generation. While you may be compensated monetarily for the loss of the item, the replacement value of what the heirloom represented; which was passed through generations of families, can never be replaced for any amount of money.

Similarly, homeowners are striving to stop the theft of their properties from parties that are practicing foreclosure as a means and method of stealing the property. The homeowners are getting distracted by too many ideas or the latest fad and they are going off in a million directions and never completing anything. Their loss of focus is costing thousands of homes to be foreclosed on by parties that have acquired no rights to the property in accordance with the statutory requirements of law. They do not now know how they have been harmed, only that they have lost the property.

When filing their complaints, the showing of irreparable harm seldom is not shown by the homeowner. If there was a communication to a third party of a false statement that is derogatory to another’s title then this needs to be shown. The malice and causing of special damages also needs to be shown. The party executing the foreclosure had the intention to cause harm and this may be proven by showing the person making the statement knows he/she is lying, or acts with reckless disregard of the statement’s truth or falsity. Neither mere allegations nor factual statements will be enough because a complaint must show a “plausible entitlement” to relief. The homeowner (plaintiff) must provide some factual allegations in the complaint that raise a right to relief above the speculative level in order to stop a Motion to Dismiss when the opposing party files their answer.

The complaint needs to be Fact and Code pleaded correctly, or in other words, statutory and factually as the purpose of the Motion to Dismiss is to test the law which is the Cause of Action. When throwing everything including the kitchen sink at the opposing party one must make sure that all of the plumbing is attached as well.
Respectfully,

Joseph Esquivel
Mortgage Compliance Investigators
Copyrighted© 2014

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