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An Unexpected Victory, Unconditional Surrender, and Unfinished Business.
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<blockquote data-quote="Saracenus" data-source="post: 8922173" data-attributes="member: 47839"><p>To this point, the last thing we want in the housing provider world is litigation. You have weigh the propensity of a particular court in terms of how it favors one side or another in previous cases (sometimes it even down to what judge you get for your case). While justice in civil litigation is supposed to be blind, I find that is the ideal and that the real tends to fall short. So, you are always taking a chance that the precedence you set on something untested will not go your way no matter how strong your argument. Judges are human beings and thus fallible.</p><p></p><p>Now you have to make a gut check and see if you are willing to pursue an appeal. It's one thing to <strong>say</strong> "I will go to the wall on this issue in court," but it is really different when you are facing the potential loss of time, money, and livelihood. If you have ever bought a house with a 30-year mortgage, there is that moment when you are about to sign the mortgage document and you are looking ahead at the colossal amount of money you are about to spend and the responsibility you are going to shoulder and there usually is a moment of sheer panic that hits you. That weight is amped up when you go to court because that house you bought, your family's security, your business' life, and/or your employees future may be the stakes in that moment. Heavy sits the head the wears the crown.</p><p></p><p>I think that is what gets lost to a lot of folks here. If you got no skin in the game, it is easy to say with "certainty" that if it were your choice you wouldn't hesitate to put the pedal to the metal. It is quite different when it is existential.</p></blockquote><p></p>
[QUOTE="Saracenus, post: 8922173, member: 47839"] To this point, the last thing we want in the housing provider world is litigation. You have weigh the propensity of a particular court in terms of how it favors one side or another in previous cases (sometimes it even down to what judge you get for your case). While justice in civil litigation is supposed to be blind, I find that is the ideal and that the real tends to fall short. So, you are always taking a chance that the precedence you set on something untested will not go your way no matter how strong your argument. Judges are human beings and thus fallible. Now you have to make a gut check and see if you are willing to pursue an appeal. It's one thing to [B]say[/B] "I will go to the wall on this issue in court," but it is really different when you are facing the potential loss of time, money, and livelihood. If you have ever bought a house with a 30-year mortgage, there is that moment when you are about to sign the mortgage document and you are looking ahead at the colossal amount of money you are about to spend and the responsibility you are going to shoulder and there usually is a moment of sheer panic that hits you. That weight is amped up when you go to court because that house you bought, your family's security, your business' life, and/or your employees future may be the stakes in that moment. Heavy sits the head the wears the crown. I think that is what gets lost to a lot of folks here. If you got no skin in the game, it is easy to say with "certainty" that if it were your choice you wouldn't hesitate to put the pedal to the metal. It is quite different when it is existential. [/QUOTE]
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