Good evening. Lenders are out of control
rushing these foreclosures through. A borrower in this situation would want to
file suit against the lender to force the lender to produce the necessary
documentation showing the lender has the right to foreclose. These lenders are
under intense government pressure to work with homeowners and, nonetheless, at
the same time in many cases forcing foreclosures without adequate documentation
showing their right to do so. A borrower would want to ask the judge to issue
an injunction preventing any foreclosure until the lender can produce all
appropriate documentation, including the original loan documents, all
assignment documents, and all evidence proving those signing any assignment
documents actually worked at the applicable entities at the time of assignment.
In addition, anyone signing affidavits should be made to appear to produce
evidence of any and all personal knowledge sworn to in any such affidavits. The
filing of this suit itself will likely be sufficient to cause the lender to
work out a modification. This is because the bank is just like a big bully....i)
they beat up on people because most people let them, and ii) they back down
quickly when someone actually calls their hand......the bank knows that when
taken to court, they have a problem for two reasons...1) the judge will enforce
the law rather than allowing the bank to simply make it up to suit their own
needs; and 2) if a jury is selected, the bank knows it's like the "Revenge
of the Nerds" where everyone on the jury that has ever been screwed by a
bank or other bully gets to exact their revenge....though they shouldn't, each
juror brings their own lifetime biases to that jury room.

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