Discovery is your most powerful tool in foreclosure litigation. Through interrogatories, requests for production, requests for admissions, and depositions, you can force the lender to prove its case — or expose fatal weaknesses. Learn discovery strategy for foreclosure cases.
Get Free Case ReviewDiscovery is the pre-trial phase of litigation in which each party can obtain evidence from the opposing party. It is governed by court rules (Rules 26-37 of the Federal Rules, and equivalent state rules). Discovery serves two critical purposes in foreclosure defense: (1) it forces the lender to prove its case with actual evidence rather than mere allegations, and (2) it can uncover lender violations that create counterclaims and settlement leverage.
| Tool | Description | Best Use in Foreclosure |
|---|---|---|
| Interrogatories | Written questions requiring sworn written answers | Identify all entities in chain of title, note holders, servicers |
| Requests for Production | Demand for documents and tangible evidence | Original note, all assignments, servicing records, payment history |
| Requests for Admissions | Statements the opposing party must admit or deny | Force lender to admit it cannot produce original note or has no personal knowledge |
| Depositions | Live, sworn testimony of witnesses | Depose robo-signers, corporate representatives, servicer employees |
We prepare comprehensive discovery packages — interrogatories, document requests, and admissions — tailored to your case and designed to expose lender weaknesses.