« Google, Bankruptcy & Bieber | Main | Still Fighting »

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.

Comments

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....

The comments to this entry are closed.

Contributors

Current Guests

Follow Us On Twitter

Like Us on Facebook

  • Like Us on Facebook

    By "Liking" us on Facebook, you will receive excerpts of our posts in your Facebook news feed. (If you change your mind, you can undo it later.) Note that this is different than "Liking" our Facebook page, although a "Like" in either place will get you Credit Slips post on your Facebook news feed.

News Feed

Categories

Bankr-L

  • As a public service, the University of Illinois College of Law operates Bankr-L, an e-mail list on which bankruptcy professionals can exchange information. Bankr-L is administered by one of the Credit Slips bloggers, Professor Robert M. Lawless of the University of Illinois. Although Bankr-L is a free service, membership is limited only to persons with a professional connection to the bankruptcy field (e.g., lawyer, accountant, academic, judge). To request a subscription on Bankr-L, click here to visit the page for the list and then click on the link for "Subscribe." After completing the information there, please also send an e-mail to Professor Lawless (rlawless@illinois.edu) with a short description of your professional connection to bankruptcy. A link to a URL with a professional bio or other identifying information would be great.

OTHER STUFF

Powered by TypePad