Good evening. Lenders are out of controlrushing these foreclosures through. A borrower in this situation would want tofile suit against the lender to force the lender to produce the necessarydocumentation showing the lender has the right to foreclose. These lenders areunder intense government pressure to work with homeowners and, nonetheless, atthe same time in many cases forcing foreclosures without adequate documentationshowing their right to do so. A borrower would want to ask the judge to issuean injunction preventing any foreclosure until the lender can produce allappropriate documentation, including the original loan documents, allassignment documents, and all evidence proving those signing any assignmentdocuments actually worked at the applicable entities at the time of assignment.In addition, anyone signing affidavits should be made to appear to produceevidence of any and all personal knowledge sworn to in any such affidavits. Thefiling of this suit itself will likely be sufficient to cause the lender towork 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 downquickly when someone actually calls their hand......the bank knows that whentaken to court, they have a problem for two reasons...1) the judge will enforcethe law rather than allowing the bank to simply make it up to suit their ownneeds; and 2) if a jury is selected, the bank knows it's like the "Revengeof the Nerds" where everyone on the jury that has ever been screwed by abank or other bully gets to exact their revenge....though they shouldn't, eachjuror brings their own lifetime biases to that jury room.
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