This does NOT seem to be in the best interest of the homeowners. If you know you are going to be reversed on appeal, it would seem that a confession of error would expedite the appellate process and get you back in court SOONER to fix your case and finish the foreclosure instead of the case languishing for months waiting for a decision, then having to fix your case. Homeowners need to keep in mind that they usually are NOT going to prevail upon the merits of the case. Error is usually a procedure or evidence issue. These can be fixed.
I think that Bill makes a terrific point! It really probably isn't in the borrower's interest that the appellee confesses error.
It certainly speeds the resolution of the appeal and gets the case back to the trial court more quickly in the case of a remand and gets cases refiled faster when dismissed for lack of standing.
I think Mr. Roper's point that started this thread is that unless a borrower actually defends in the trial court or files an appeal, the borrower cannot win. I think these cases illustrate that there are a number of cases where a biased, incompetent or corrupt trial court judge enters a judgment which just will not hold up on appeal.
It is my impression that confession of error is somewhat unusual in appeals generally. That this is happening more often in foreclosure actions reflects the degree to which trial courts are making egregious mistakes.
So I am not seeking to identify these cases as such great borrower victories as to show that there is hope for borrowers who present strong defenses and arguments in the trial court. Judgments are being reversed and in some instances, the plaintiff doesn't even bother to defend.