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

Asked about 1 year ago - 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)

  1. Will Murphy

    Contributor Level 15

    1

    Best Answer
    chosen by asker

    Answered . 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... more
  2. Eugene P. Castagliuolo

    Contributor Level 16

    2

    Lawyers agree

    Answered . 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... more

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