Seems like I can't talk to another foreclosure mediator with the topic turning to the issue of good faith. What is it? What does it look like? Like a jurist once famously said about another topic, do we just know it when we see it? What do we do when it's missing?
With the expectation that some may find it provocative, A Foreclosure Mediator's Musings on Good Faith, Part 1, is published in the February KCBA Bar Bulletin. Part 2 is published in the April edition.
Take a read - what do you think? Agree, disagree? Comments, upgrades, corrections? Let's talk about it.
The silence is deafening.
Some of you may know my main goal in writing is to clarify my own thinking. Or sometimes, just to amuse myself. Having done that, I'm done. I'm good.
Sometimes I take the next step - publishing what I wrote - for a different reason. To encourage discussion and conversation. To be the provocateur. To start the exchange and sharing of differing ideas. To create a mutual exposure to different perspectives by which maybe some of us, or even all of us, may learn and come to new understandings.
Too bad KCBA publishes behind a paywall and has no social media functioning on their website. Very 20th Century that. So I was hoping we might start that conversation here.
You've been poked! Yet nary a peep out of you.
I know folks are interested in this subject. There were two workshops at this year's NWDR Conference dealing with it. I had people coming up to me, saying they read my articles and appreciated them.
That's very nice to hear, yet I don't learn a lot just hearing from folks that they liked what I wrote.
What don't you like? Where do you disagree? Where am I mistaken? What did I say that sticks in your craw? What did I get flat-dead wrong?
I know some of you disagree. I've heard the rumblings. Some of you think the foreclosure mediator should be more activist. More judge-like. A decision-maker. To decide what arguments have legal merit and which don't. To find the facts and make conclusions of law. Having a duty to make the parties agree and avoid foreclosure.
Or was I just so danged persuasive that you've all come around to my way of thinking? I've convinced you all? We all agree now? Nyeah, I didn't think so, either.
Let's talk about it.