Discovery is a crucial weapon against the banks, when they are looking to acquire your home through foreclosure. It entails requesting information that is relevant to the lawsuit from the other party, including any evidence they have that suggests they are entitled to your home. Here is a brief overview of the foreclosure discovery process.
Types of Discovery
1. Interrogatories – these are general questions you ask the bank. For example, “Has any other person or entity ever bought the subject mortgage? If so, who exactly is this person or entity?”
2. Requests for Admission – this is when you are asking for admittance or denial by the other party of certain facts within the case. For example, asking the plaintiff to admit that they don’t have the right to foreclosure on your home. If the plaintiff admits it or does not respond within thirty days, it could significantly boost your defense.
3. Requests for Production – this involves obtaining actual documents (which are the basis of their claims) from the plaintiff.
Discovery Procedure
Discovery is important not only because it allows all sides to properly prepare their arguments, but also due to its ability to prevent the banks from claiming your home. In most cases, the court cannot give the final judgment before the discovery process is complete. Therefore, if you have filed Discovery and the banks have not responded properly, the court should NOT rule against you in the Final Judgement.
The maximum number of times a defendant can request for discovery is 30. This is to prevent an influx of petitions, which would make it difficult for cases to proceed to court. You are also limited to 30 queries for Admissions and Interrogatories. If the bank does not respond or provides unsatisfactory responses to your discovery, you could file a Motion to Compel, which would force the banks to release the necessary information.
Banks usually deny discovery requests when they don’t want you to have key documents or information about the case, or when they do not have the ability to produce certain documents. This often happens if the bank is a successor in interest. In some cases, the banks may deny your discovery request in the hopes that you will not challenge the objection.
Sometimes the bank may refuse to produce the required documents even after the court awards a Motion to Compel. When this happens, you can:
- Have the case dismissed completely
- Prevent the bank from using the withheld information in their own favor
- Have the case ruled in your favor
Discovery can be a vital tool in the fight against foreclosure by the banks, but only if you hire a competent and experienced defense attorney with the ability to ask the right questions at the right time. For further assistance, the Law Office of Ray Garcia, P.A. is available 24/7 every day of the week. Get in touch now.
Law Office of Ray Garcia, P.A.
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