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More on Foreclosures and Discovery

posted by Nathalie Martin

But first, want to see the house that started the whole robo-signing controversy? look here.  
On to the discovery .... Adam's post earlier this week, about how Federal bank regulators are  examining whether mortgage companies cut corners during foreclosures, suggests more discovery questions for those defending foreclsoures. These inquires might include “To your knowledge, are your mortgage foreclosure policies or procedures currently under investigation by any governmental agency?  If so, please state the name of the investigating agency and describe the nature of the investigation.”  The request for production could also include a request for “copies of all documents you have received in connection with any investigation described in response to [the interrogatory].”  An attorney might also  request regular supplements to the response, where the rule does not require it, since  the discovery rules can be scetchy on this point in some jurisdictions.


This is interesting. I'm curious if any attorneys have had success raising these issues in a nonjudicial foreclosure state.

In my purely non-legal experience, judicial or non-judicial shouldn't make any difference, Jason. Only difference that I've been able to see, so far, is that in non-judicial FC states, the borrower has the unfortunate task of having to file the initial complaint thereby making them a de facto Plaintiff in the action despite having to actually defend against a foreclosure.

That, in and of itself, creates several wrongs that should somehow be remedied but, otherwise, from what I've been seeing and hearing, it may "simply" be that much more of an education process as non-judicial judges may not have been dealing with foreclosures from Day 1 on the bench.

Of course, that may well work in an educated and prepared FC defense attorney's favor - as non-judicial FC state judges may not have been dealing with foreclosures since Day 1 on the bench...

I've been hearing this question from several corners of the universe for the last year or three. Even had a fairly pointed discussion with the dept. head of a local law school about it way back. Obviously, those with actual legal backgrounds kick me in the pants and tell me to shut up, but legal standing or lack thereof, etc. doesn't simply go away whether judicial/non-judicial....

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