Title is changed for the sole purpose of overcoming a disputed forced sale conducted under a nonjudicial state's foreclosure statutes. The servicer will typically contend that the homeowner's requests are beyond the scope of discovery, especially in a nonjudicial action. The homeowner can file a motion to compel the production of documents upon which the Plaintiff relies on to assert that its forced sale was valid, proper, and legal. The validity of the referenced Power of Attorney and its reality of its existence are crucial for the alleged 'lender' to even bring the instant non-judicial action and respond, as a party, to discovery. If it does not exist or is not a current source of power granted by the creditor, then the bank's reliance upon it is misplaced. If there is no completed trust instrument for an existing entity that had been funded, then there is no trust, and therefore, there can be no trustee or servicer deriving their "powers" from a trust that does not exist. If the sale was conducted in favor of a party who claimed to be a beneficiary, but was not a beneficiary under the deed of trust, the sale is void. Without the validity of the forced sale, no action for unlawful detainer arises. Discovery can be effective for overcoming erroneous legal presumptions. This article is not legal advice, but for discussion purposes only. The Rodriguez Law Firm Patricia Rodriguez, Attorney If you need immediate assistance and are located in California, please call 626-888-5206. To receive a free consultation, please fill out the contact form here. The Rodriguez Law Firm is Located at: 1492 West Colorado Boulevard Suite 120 Pasadena, CA 91105
