Can I subpoena information from my lender during my foreclosure hearing?

I cannot afford an attorney (hence the foreclosure). But Fannie Mae tells me it is 100% up to my lender to rescind the sale – my lender says they want to rescind but evil Fannie Mae won’t let them. Fannie Mae says this is absolutely not true and that my lender is simply not filing a 1-page form called a “Sale Rescission”. Can I request that my lender appear to show cause as to why they have not filed this form?

Asked on December 6, 2011 under Real Estate Law, Arizona


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your are involved in a judicial foreclosure proceeding (as opposed to a non-judicialproceeding) where there is a lawsuit pending against you and your property, you can have a subpoena issued seeking information from your lender.

You can request all necessary information concerning your loan and the proceedings as to you if there is a lawsuit pending. Although you cannot afford a lawyer, it is best if you at least consulted with one to assist you. If you county has a legal aid program you might call it to see what help you can be given. Your county bar association may have a program to assist you as well.


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