The bank is evicting me. I am taking all of my loan documents to court to fight the foreclosure. What are the chances I will win?
It is probably in your best interest to have a lawyer review the documents. It is not easy to tell if the documents have not been properly signed or recorded. You need to search for Assignments if your loan has been sold or transferred and Substitutions of Trustee if the foreclosing Trustee is different from the Trustee name that appears on your Deed of Trust. Once you have these documents (or see that they have not been recorded) you need to research the name of the signor to see if they have the authority to sign these documents. The robo-signing scandal was discovered in 2008. At this point the lenders have extensively researched this matter and it is unlikely that this activity is taking place on current foreclosures.
Typically the eviction court will not look at your loan documents. They are only there to verify that the lender now owns the property and that they have given you the appropriate notice to vacate the premises.
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