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Foreclosure hearing schedule for next Tuesday. Bank has yet to send discovery or answer interrogatories.

Pompano Beach, FL |

Sent discovery request 3 months ago. A month after, I called to follow up, they claim they had not received request. Resent request immediately. Received response 3 weeks ago that they need more time to answer my request. Yesterday, I received exhibit list and witness list and what do you know all the documents I requested they claim to have, but have yet to produce to me. Can I file a motion for sanctions?

Attorney Answers 2


Depending on your request, you may be able to ask for sanctions, and you may be able to ask that they not be allowed to use the documents in their case. As the attorney who answered previously mentioned, if you are serious about mounting a defense you should hire a lawyer.

There is no substitute for the professional advice of an attorney who knows your case and represents you. My post is not, and may not be relied on as, legal advice and does not create an attorney-client relationship. Best wishes for a just and expeditious resolution.

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Have you ever heard of the saying "you don't know what you don't know" ? The other side isn't required to give you the documents, only to either object to your request or to tell you that the documents are available for your inspection. Bring up everything you stated here to the judge, and if he/she is sympathetic (many are not), you may get 30 to 60 days to hire an attorney. This forum is no place to teach you law school or even the FL Rules of Civil Procedure. Think you can handle this yourself? You can't. Hire a foreclosure defense attorney ASAP before you're standing on the courthouse steps watching your house being auctioned off. My words may not be what you were hoping to hear, but I speak the truth. I wish you well.

I often take cases other attorneys won't, so call me for a free consultation. My number is 727-712-3333, or you can view my website at

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Pamela Thea Higer Polani

Pamela Thea Higer Polani


Likewise, if the reason you have not retained counsel up to this point is fear that the price of legal representation will be costly and prohibitive, my firm is happy to discuss in a free telephone consultation, affordable options that may be available to you. The hundreds of dollars that you save today, may cost you much, much more later on by not retaining proper legal representation.



Follow up: I did present my motion in limine for failing to produce discovery. Judge agrees and has ordered bank to product discovery since request was timely and properly filed.

Eugene P. Castagliuolo

Eugene P. Castagliuolo


Very nice!! Congratulations on your success!!

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