Friday, April 24, 2015

Who Bears the Burden of Proof?

Everyone in foreclosure-world knows a foreclosing lender must prove it had standing when it filed suit.  Similarly, most agree that failure to comply with the face-to-face counseling requirement in an FHA mortgage requires dismissal.  But who bears the burden of proving standing at trial?  And who bears the burden of proving the lender gave the […]

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