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The Critical Role of Discovery in Foreclosure Defense

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It is easy to feel defeated when you receive a foreclosure notice. However, the fact of the matter is there is still a fight to be fought. That is if you are prepared to fight it, ideally with a Florida foreclosure defense attorney by your side. One of the most important aspects of the fight against foreclosure is the discovery phase.

An Overview of the Discovery Process

As with other court proceedings, the discovery phase is where opposing counsel has the opportunity to request evidence from the other side. In the foreclosure process, this step is particularly important because it is where your attorney uncovers whether the bank has the standing to foreclose at all. There are three types of discovery your attorney may execute. The fist are Interrogatories, in which your attorney asks the plaintiff preliminary questions to lay the foundation for the next step, Requests for Admission. During this portion of the discovery process, your attorney poses questions that relate to the allegations against you, such as whether or not the plaintiff has the standing to foreclose. Then, during the Requests for Production phase, your attorney will request and obtain documents from the bank that either support or invalidate its claims. The most vital document the plaintiff will be required to produce is the promissory note.

A Lost Note Is Your Gain

Quite often, the bank that initiates the foreclosure is not the same one that provided you with the initial mortgage. That is because banks are known to sell delinquent accounts to the highest bidder. Therefore, ensuring the bank pursuing foreclosure is in possession of the original promissory note is essential, as a failure to produce the note rids it of its right to foreclose. Assuming this occurs, you should have a solid defense for having the case thrown out. On that note, even if the bank is in fact in possession of the note, the discovery phase can still uncover substantial evidence for mounting a winning defense against the foreclosure – that is, with the right attorney on your side.

Ready to find out whether you have a viable defense against your foreclosure? Get guidance on your case during a free consultation with a Florida foreclosure defense attorney at Graham Legal. Call our office today to schedule your appointment so that we can begin seeking justice, together.

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