I am a homeowner (CA) whose home was foreclosed and sold to another bank. Would like to go through process of Discovery.

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I am a homeowner (CA) whose home was foreclosed and sold to another bank. Would like to go through process of Discovery.

Our home was foreclosed and sold, but we were reluctant to leave, and now we have answered an Unlawful Detainer suit. I would like to go throught the process of discovery, and have already sent the new “owner” a request to show the note. I am wondering what form I need to file in the CA courts to inform them of my actions. Thanks

Asked on June 19, 2009 under Real Estate Law, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'm not at all sure what you hope to gain by doing this, and it isn't at all clear what there is about what's happened that you think you can successfully challenge.

If your home went to final sale in the foreclosure, it isn't your home any more, and you are squatting.  I'm not sure what "note" it is that you want to see, or what it might have to do with you, and I don't know what else you might hope to find in discovery.

I'm not a California lawyer, and I don't know what, if anything, would be appropriate for you to file with the court right now.  For advice you can rely on, you need to discuss all of the facts with an attorney in your area.  One place to look for a lawyer is our website:  http://attorneypages.com


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