The Importance of Foreclosure Discovery for Florida Homeowners

Through a few instances of bad luck, the dream of homeownership can quickly turn into the nightmare of foreclosure for Floridians. The economy and housing market have been volatile for 18 months, and the eviction moratorium has been lifted. If you have been served with a foreclosure notice and you know you can’t pay, there are still plenty of opportunities to fight.

After You Have Filed an Answer and Affirmative Defense

Once you have been served with the notice of foreclosure, you have the opportunity to file a motion to dismiss. If you and your attorney believe you would be better served by proceeding to file an answer and affirmative defense, then do so. Regardless, you should begin preparing for discovery as soon as possible.

Nearly every civil court process includes a discovery phase. For example, contested divorces have a discovery phase for spouses who believe the other spouse is hiding assets or something else material to the matter at hand. The primary purpose of discovery is to allow defendants time to gather information by requesting production from the plaintiff. The plaintiff might be asked to produce documents, communications, or testimony through depositions. 

The discovery phase of the foreclosure process is the homeowner’s opportunity to essentially call the financing institution’s bluff. Homeowners should not pass up this chance to make the bank show it has the original promissory note. Sending a comprehensive list of admissions for the bank to either confirm or deny can also be an effective tactic.

Simply put, an aggressive and calculated discovery strategy puts the bank on its heels.

Time is On Your Side During Discovery

No, this doesn’t mean that you can drag out the discovery phase for years and keep your house that way. Time is on your side during foreclosure discovery because the bank/plaintiff has a set amount of time to produce any materials you request. 

The bank is also subject to a time limit after you send interrogatories, or questions, about your foreclosure case. Even though discovery cannot drag out forever, it can buy you a significant amount of time to figure out a deeper strategy and, simply, live in your home that you’ve contributed so much to. 

Conclusion

Discovery during your foreclosure trial can provide great opportunities for challenging the order and creating openings for the bank’s defeat. This is easier said than done, however, and it’s highly recommended to retain a knowledgeable Florida real estate attorney to help you along. 

Attorney Ray Garcia and the rest of the team knows how stressful a foreclosure (or even the prospect of a foreclosure) can be for you and your family. The sooner you call us, the sooner we can get to work on your case and advise you on the best steps moving forward. Get in touch with us through our contact page or by calling (305) 227-4030.