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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
Answered 13 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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