Re: Foreclosure and a visit from someone
- --- In email@example.com, "Gary" <gary2666@...> wrote:
> Can you or anyone on the list cite a case where theExcellent question!
> "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.
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
> The elderly couple was convinced by the bank's lawyers toCan that be any more revealing?!!! The bank could not win;
> reach a settlement, they would admit they owed the money
> and the bank agreed not to try to collect it.
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.
- --- In firstname.lastname@example.org, "Michael" <mn_chicago@...> wrote:
> RE: Every foreclosure must be brought in the nameTo which someone asked via a private e-mail:
> 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.
> Would this apply to IRS 'liens' - 'foreclosures', etc.?No, it would not apply to the IRS, a totally different
> They seem to have the LEGAL right to take a hike, but
> intimidation rights to anything they want.....