What are the best questions to ask in the discovery stage of foreclosure?

Let me first start by saying that the best possible move that you could make at this point in time is to hire an attorney to represent you in this matter. The Florida Civil Rules of Procedure are very specific and can be unforgiving in many instances. The Court will likely hold you to the same standards as an attorney as far as understanding and abiding by the Florida Rules of Civil Procedure. This may put you at an extreme strategic disadvantage, as your adversary is an attorney who does this work for a living. That being said, discovery in any case is very dependent on the matters at issue in the foreclosure case. If the issue is whether the bank possesses a note or whether the note has been endorsed or assigned properly, the attorney would gear discovery requests to address those issues. If the issue is a dispute over whether payment has been made or whether a foreclosure defendant has been properly credited for payment, then the discovery might be geared toward obtaining ledgers, payment history or bank records. If the issue related to Truth in Lending Act violations, the discovery might be geared toward the closing documents and the financial statements included in those documents. Further, a skilled foreclosure attorney would pursue every means of obtaining and investigating this information including a request for interrogatories, request for admissions, and request for production, followed by depositions. A request for interrogatories asks written questions that must be responded to in writing and under oath. A request for production asks for documents in the possession or control of the party. A request for admissions usually seeks to narrow or limit issues by demanding that the answering party either admit or deny the request, or admit to the genuineness of a document. Each of these documents should be carefully tailored to avoid objections and should comply specifically with the time limitations imposed by the Florida Rules of Civil Procedure. Finally, in the event of delay or unfounded objections, a foreclosure attorney would be prepared to file any necessary motion to compel in order to force the production of disputed discovery. These procedures can be rather complicated. Taking the time to craft strategically sound requests can be burdensome. The above information is not intended as legal advice, if you have any legal questions consult with an attorney of your choice. For additional basic information regarding foreclosure and civil litigation visit our websites:

I completely agree with Atty. Kramer. There is no way anyone can tell you what the best questions are for your partticular case - it depends on the exact issues. While there are many foreclosures, strange as it may sound, no two are identical. Handling the discovery process properly may be the key to a successful result in your case; this is a very difficult and exacting process. While you have the right to do it yourself, it is a HUGE mistake. Foreclosure defense is a very specialized area of law, and not one you can possibly navigate successfully on your own. We have among our foreclosure defense clients even a number of attorneys who have asked us to defend THEIR own foreclosure cases, because they recognize the extreme specialized knowledge necessary to do this properly. If you care about the outcome, do not try to do this yourself.