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Re: Foreclosure and a visit from someone

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  • Michael
    ... Excellent question! This is what the process of discovery is all about, and do not expect lenders/plaintiffs to roll over and disappear when asked to
    Message 1 of 21 , Jan 30, 2010
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      --- In tips_and_tricks@yahoogroups.com, "Gary" <gary2666@...> wrote:

      > Can you or anyone on the list cite a case where the
      > "lender" was actually made to produce ALL of the accounting
      > records for any kind of loan? Maybe some cases have slipped
      > by me in the last few years, but I don't remember hearing
      > about any of them, if there are any.

      Excellent question!

      This is what the process of discovery is all about, and do
      not expect lenders/plaintiffs to roll over and disappear when
      asked to produce the demanded information, and do not necessarily
      expect the "judge" to help a defender making same demands.

      How one chooses to defend their case is up to them. It is not
      easy, but it gets easier with new information coming out and
      being shared in places like this.

      If you cannot find any case, it is not a hindrance to
      successful discovery. It requires persistence, knowing the
      rules and procedures for discovery, and then being relentless
      in thier application.

      There is existing case law that specifically states that a
      summary statement, which most ALL plaintiffs provide in a
      foreclosure case, is NOT sufficient. [I have cited one but
      do not have time to look for it at present.]

      It takes time to do the research and learn how to make
      discovery, i.e. requests for admissions, requests for the
      production of documents, etc, and how to make the opposition
      comply...and there are rules that must be followed.

      Any time a "judge" steps outside of the rules calls for an
      immediate objection, on the record, which forms the basis
      of appeal. The opposition will force defendant to go all
      the way, not just 9/10ths of the way which may lead to a
      defendant's loss.

      > The elderly couple was convinced by the bank's lawyers to
      > reach a settlement, they would admit they owed the money
      > and the bank agreed not to try to collect it.

      Can that be any more revealing?!!! The bank could not win;
      they knew it, but the elderly couple did not know how to
      finish and strike the fatal blow. The bank settles, and no
      case law is made about a defeat.

      Happens all the time. It is up to the individual to make
      the plaintiff produce and make sure the court enforces all
      the demands by knowing how to enforce them.

      Cheers!
    • Michael
      ... No, it would not apply to the IRS, a totally different circumstance.
      Message 2 of 21 , Feb 1, 2010
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        --- In tips_and_tricks@yahoogroups.com, "Michael" <mn_chicago@...> wrote:

        > RE: Every foreclosure must be brought in the name
        > of the party who has legal rights to foreclose, the
        > element of "standing" to initiate the suit. Without
        > it, the suit cannot survive. Check to see if your
        > "lender" has been properly assigned all rights and
        > interests, via an assignment.

        To which someone asked via a private e-mail:

        > Would this apply to IRS 'liens' - 'foreclosures', etc.?
        > They seem to have the LEGAL right to take a hike, but
        > intimidation rights to anything they want.....

        No, it would not apply to the IRS, a totally different
        circumstance.
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