Can I negotiate a loan rewrite after proving fraud in my DRE case?

Full question:

I have proven in a California DRE case that forgerys and fraud on my TILA docs and oher impotant docs that underwote and executed my loans nearly years ago are true..Eventhe original lenders underwriter swore under oath in the DRE case that thye would have neevr underwritten these loans if the knew of the fraud and forgerys.Even mispelling my over 20 times on the forgerys..I filed action against my present lender becasue i tried to ask them to rewrite ther loans as money was stole from meand the frist mortgage proven in DRE case was bait and switch received a Arm not a fixed..the lender is evicting me from my home though i just proved in a Dre case the fraud and forgerys are true..once again on the ruth and lending disclosures.good faith estimate,Opening and closing loan applications...I have a Case management confrence coming up on the 21st of this month..I feel because of the DRE case p[roving the fraud and forgerys that i should be able to negoitae thme to rewrite anew loan nd not ake my house .rewrite a ew loan for new home value due to the illegal docs under the truth and lending laws.Am i correct or not? Also i feel how can they take my home if the loan is illegal..the original lender testified under oath that they would have never underwritten these loans if they knew about the fraud and forgery.Ithink its all scare tactics and they know they cant eveict me due these ilegal docs..Which of course were done to steal money from me. Just feel under the TILA laws that i mean the disclosures are full of fraud and forgery even mispelled my name..How can i lose?

• Category: Contracts
• Subcategory: Recission
• Date: 04/07/2025
• State: California

Answer:

In foreclosure lawsuits, the debtor typically seeks three things in order: a temporary restraining order (lasting usually under two weeks), a preliminary injunction (which lasts until the court decides the case), and a permanent injunction (granted if you win). Lack of funds or inability to pay is not a valid defense. Valid defenses may include identifying the wrong borrowing party or having made all payments on time.

If the lender refuses to rewrite the loan, you may need a court order to void or amend the contract to reflect the original agreement. You can raise a defense based on fraud or fraudulent inducement, using the DRE case as evidence. Fraud involves knowingly making misrepresentations intended to cause harm. Courts allow a party to rescind a contract for fraud, incapacity, duress, undue influence, or material breach.

The clean hands doctrine requires that a party seeking equitable relief must be innocent of wrongdoing related to their claim. However, this defense cannot be used to challenge unrelated conduct of the plaintiff.

If you pursue legal action, familiarize yourself with contract law and breach of contract actions. Contracts are legally enforceable agreements that create obligations. A breach occurs when one party fails to perform as agreed, causing harm. Remedies for breach include money damages, restitution, rescission, reformation, and specific performance.

Restitution aims to restore the injured party to their position before the contract. Rescission terminates the duties of both parties, while reformation allows courts to correct inequities in a contract. Specific performance compels a party to fulfill their contractual duties when monetary damages are insufficient.

Promissory estoppel may apply if one party relies on a promise to their detriment, and enforcing the promise is necessary to avoid injustice. Reasonable reliance is the standard for determining if a party acted based on another's promise.