The Harvard Negotiation Project, with William Ury can be seen at http://www.ted.com/talks/william_ury.html, and of course the book is at Amazon. There is all kinds of good advice to aid in resolving differences about a wide spectrum of problems, from 'Who owns the apples on the tree at the back fence?' to 'Why can't I vote?' Sadly, any effective negotiation requires two parties to sit down and talk. If your policy is not to talk, as the current situation with PHH and BBDFTE demonstrates, your policy is essentially Goliath's. Statistically, very comfortable. Occasionally...distressing.
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With a gun, you can usually pick up two or three hundred dollars, but you have to go out every night. The odds are against. With a fountain pen, you can work regular daylight hours in a nice office, drink coffee, and your victims bring you a few thousand, then go away. Nice work if you can get it.
Bob Dylan grew up back before computers. Now you can process millions of dollars per day, working in all 24 time zones, and never appear physically in front of a mark. Barrett Burke Daffin Frappier Turner and Engels have just such a system (patented, file attached in our Files section). working with computers, business is so good that JP Morgan Chase was able to pay $318Bn in fines, fees and restitutions last week for misrepresenting Residential Mortgage Backed Securities to their clients. At least Jaime won't have to go to jail, at least while Eric Holder runs the JD, and they can write off a business expense against their tax bill next year. What's the difference between a lawyer and a catfish? Well, in Texas, one is a scum sucking bottom feeder, and the other is...a fish! A school of these gather up around Addison, Texas, and seem to process a fairly large volume of foreclosures. While they don't work quite on the scale of David Stern, the Foreclosure King http://www.scribd.com/doc/76320038/DJS-Depo down in North Miami, they do have an impressive system for separating homeowners from their homes. David Stern would be a rank amateur up in Dallas. From 'tombstone' to sale, Barrett, Burke, Daffin, Frappier, Turner and Engel target 26 days. To achieve this lightning flash of legal legerdemain, and not get burned, they actually have a patented process at http://www.faqs.org/patents/app/20080201190
Section 004 ]If the borrower fails to perform any of the borrower's obligations under the terms and conditions of the loan agreement, the borrower is in default. A typical default arises if the borrower fails to pay the monthly mortgage payment. Upon default, and so long as the lender strictly complies with numerous federal and state laws, the lender can cause the property securing the loan agreement to be sold at a foreclosure sale public auction. Since "foreclosure is a harsh remedy to be resorted to only under the direst circumstances, failure to comply with even the most minute federal or state consumer protection, debt collection, property, title and business statutes related to the enforcement of security interest can result in a wrongful foreclosure or class action lawsuit with dramatic economic consequences for the lender. Lenders are particularly skittish around class actions, preferring to have their companies write checks for hundreds of millions, rather than lose their own houses and boats. After all, if you have $500M set aside, and settle for only $297, that's not so bad is it? And the ankle bracelet is so...pedestrian. |
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