Using discovery to fight foreclosure in Florida can be a very smart move, as it entails requesting certain information that is relevant to your foreclosure lawsuit from your lender. This includes any evidence your lender has that suggests they are entitled to your property. Read on to learn more about the process of using discovery to fight foreclosure in Florida directly from an experienced defense attorney from Jurado & Farshchian, P.L.
Simply put, discovery is a timeframe in any litigation, during which both parties can request certain evidence from each other. When facing a foreclosure lawsuit, you can formally request specific documents from your mortgage lender. Your lender’s response to this request – or lack thereof – may give you a significant advantage and, therefore, have a significant impact on your case. To have standing to bring a foreclosure action, your lender must provide the original promissory note and mortgage. If your lender fails to provide the required documents, you will be able to file a motion to dismiss, which essentially means you will win your foreclosure lawsuit.
The Process of Using Discovery to Fight Foreclosure in Florida
Using discovery to fight foreclosure in Florida can be a smart move not only because it allows you to prepare your defense strategy, but also because it prevents your lender from claiming your home. In other words, during the discovery timeframe, you can sleep in your bed, cook breakfast in your kitchen, and be with your family under your roof.
In Florida, defendants can file for discovery up to 30 times. Florida set this limit to prevent an influx of discovery filings, which would make it indescribably challenging for foreclosure cases to actually proceed to court. As mentioned above, after you file your request, if your mortgage lender either fails to respond to it or responds by providing unsatisfactory evidence, such as documents that are blurry or difficult to read, you could file a “motion to compel.” This motion would force your lender to release the necessary documentation. If they do not have it, you win.
Often, mortgage lenders will deny discovery requests, either because they do not want borrowers to have the key documents they are requesting or because they do not have such documents and are, therefore, unable to provide them. Sometimes, your lender may refuse to provide the required documentation even if the court issues a motion to compel, in which case, you can then ask the court to dismiss the case completely as well as prevent the lender from using the documentation they refused to provide in their favor.
Using discovery to win a foreclosure case can be a very smart move, but only if you hire a skilled and experienced defense attorney. Yes, discovery can be a very powerful weapon; however, you need to work with someone who knows how to use it so that you do not end up shooting yourself in the foot with it. If you are facing foreclosure, we can help you. Our team is made up of some of the best lawyers in the State of Florida. If your lender is trying to take your home, we can help you stop them. We will teach you all you need to know about using discovery to win your lawsuit, and we will be by your side every step of the way. Call Jurado & Farshchian, P.L. today at (305) 921-0440 or schedule an initial consultation with one of our experienced defense attorneys by sending an email to Romy@JFLawFirm.com.