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Back Them Into a Corner — Request for Admissions

Posted by Neil Garfield | September 20, 2017

As part of my consultation on a case involving PennyMac and Citi, I suggested a strategy (see below) using the procedural route of a Request for Admissions. If not answered, the requests are deemed admitted — which in most cases will completely undermine the foundation for any of the evidecne proffered by the foreclosing party. If admitted, the same result applies. If denied, you have something to ask for in further discovery. If objections are filed then the lawyer must be prepared with cases, statutes and treatise authority to back up his claim that he—she is entitled to the information and that without it the trial will be a sham.

The usual response to a request for production is that they already gave you the paperwork — when you know and they know that isn’t what you were asking for. You hopefully asked for all documents in which there was an exchange of money for the subject debt, note and mortgage. Experience shows me that people who win on this point in court usually start getting good settlement offers — or the bank simply backcs away and won’t return phone calls.

The foreclosing party will most likely claim privilege or otherwise try to obscure the issues with legal presumptions that since they have possession of the note, they are presumed to own the note or presumed to own the right to enforce. This flies in the face of the knowledge that the creditor is unknown to the foreclosing party and therefore the forceclosing party could have no contract or communication with the investors who own the debt.

 

 

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