Hi all, My question is a fairly simple one, but would appreciate opinons from the readers of this site. If the lender claims to have sent you everything that they have on file, but there are some key elements missing. Examples are

1) They have no details of advertising and marketing the property. 2)They are missing details of communications that they contend to have had with you or someone else about you. These communications are a constituant factor in their defense of their negligence).

I would assume that the lender is attempting to strengthen its position by saying that the borrower was being unhelpfull an unwilling by constantly asking for documents that the lender does not have.

What is the next move 1) Do you keep asking and look like a blithering idiot. or 2) point out that you don't see how they can justify their claim without such documents

Point 2 effectivly tells them that you are now at the point of refuting their claim and any beyond the point of requiring them to justify themselves anymore.

Once you get to this situation what should you do?

-- Tim Heath (tim_n_heath@hotmail.com), February 18, 2001

Answers

I would reply that you appreciate that they appear to have lost the documentation that they allege proves their claim and that you await their decision on whether they have a claim on the light of this.

I'd also add that you are sure the documentation merely temporarily misplaced and suggest that they contact you again when they find it.

Lee

-- Lee (repossession@bigfoot.com), February 19, 2001.