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Is there a deadline to request discovery in a Foreclosure case?

Elizabethtown, KY |

I'm late to the suit due to not being served. I am a co-owner of the property. There is a hearing for Summary Judgment but I need Discovery as I don't have sufficient knowledge of the accounting history of the property. I do not hold any notes with the bank. These are held by another party. From the receipts that I've been able to obtain from the other party, the property was not in default. In addition the bank has been receiving rents in full that more than pays the mortgage. The Motion for Summary Judgment has an exhibit that is supposedly an accounting history on the property but it is just a generic excel spreadsheet doc and the payments do not match the actual teller bank receipts that I've rec'd from the holder of the note. Is there still time to get discovery?

As an aside: Foreclosure cases are cookie cutter in our town. They are seldom defended. I have been seeking out legal counsel for over a week. I have spoken with 4 attorneys in the county of the foreclosure. 3 cited conflicts, 1 wasn't interested. I have made contact with an attorney in a large metro area who is interested but they are a good distance from me and I need more time. Getting an attorney for a foreclosure case is not as simple as it might seem. Is there something I can do in the immediate short-term to preserve this case in order to have sufficient time to get an out of town attorney.

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Attorney answers 1


You should contact an attorney to assist and represent you in this matter. It depends on when the dates were set in the pretrial hearing. Because you were served late or not served (and depending on reason why service was not completed), the court may allow you time to obtain discovery. An attorney can assist you in drafting and filing the necessary motions and/or requests. The attorney will also be able to assist in expediting the process and getting you to a resolution based on your interest and desires.

This content has been prepared for informational purposes only and is not legal advice or legal opinion and should not be relied upon for individual situations. No attorney/client relationship or privilege exist. If you find yourself in need of legal advice for your individual situation, you should hire an attorney.

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