Home Foreclosures: 6.2.5.4 Burdens of Proof and Pleading
Borrowers should establish a record of lender noncompliance whether or not they bear the burden of proof. As stated above, in “condition precedent” jurisdictions, the lender may bear the ultimate burden of proof while the borrower bears the burden of proof in “equity” jurisdictions. No matter what, lenders will often point to some loss mitigation steps and claim that these steps are enough to satisfy the regulations.