Foreclosure Defense: Foreclosure Discovery Process

Discovery is the process by which you obtain information from another party in the lawsuit through the filing of requests for production, interrogatories, requests for admissions, and depositions. After you have filed your answer and affirmative defenses is an appropriate time to fine-tune your discovery, whether you initiate it or you attempt to have the plaintiff provide better responses. I prefer to begin the discovery process simultaneously when a motion for extension of time or motion to dismiss is filed.

Discovery is a key part of the foreclosure process in establishing a successful defense. As previously mentioned, discovery is the term used when you serve the plaintiff with requests for production; therefore, the plaintiff is required to produce all the documents relevant to the case within a set period of time. Secondly, it is important that you serve the plaintiff with interrogatories. Interrogatories are questions served on the plaintiff regarding the foreclosure case. The plaintiff must answer your interrogatories under oath within a set period of time. Thirdly, you must serve the plaintiff with a request for admissions. Requests for admissions are statements that the plaintiff must either “admit” or “deny” in order to clarify the exact issues that are being litigated in the foreclosure case, or to resolve issues that are under dispute. Finally, you may ask the plaintiff or the plaintiff’s witnesses for a deposition. A deposition is the opportunity for you to obtain live testimony from witnesses to the case taken under oath and on the record by a court reporter. Discovery is probably the most important aspect of the foreclosure defense, as it allows you to flush out the issues of dispute and contention. It also allows you to learn more about your case and prepare for summary judgment or trial, which are crucial stages of the foreclosure defense.

Key Steps in the Florida Foreclosure Process

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