A passacaglia is a musical form with a bass line at a walking pace, allowing for a creative line to dance above. The bass line is written in a slow repetition, while the upper line is light, playful, with an improvised air. A passacaglia sounds like a grandparent walking, while a child dances down the street. Similarly, foreclosure defense is a pedestrian approach; it slows the pace, giving room for solutions to be explored and implemented.
The purpose of the foreclosure defense is not to defer the inevitable. In hearings, most of the defenses I present are technicalities, they are correct, but they are technicalities. Often I use the procedural rules to give the client the time needed to accomplish a loan modification. The defense slows the foreclosure action to a walking pace, allowing the client time to review options and to execute a solution.
A couple of weeks ago I mentioned a family working through Saint Johns Housing Partnership towards a loan modification. The family was dealing with the medical hardship of their son being born with a heart condition. They were trying to modify their loan so they could handle their mortgage as well as their medical bills. Thank you again to all of those who contributed to help them put that modification in place. I brought up this family as an example. There are others like them out there who need more time.
There may be more than 70% of those facing foreclosure who never try to save their homes. Listen for the music. Find your place to dance.
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