Entitlement to Discovery Before Foreclosure

There are many cases from Florida’s appellate courts which explain how litigants are entitled to complete discovery before facing an adverse summary judgment.  There have been precious few such cases in the foreclosure context, though, which is why I enjoyed reading this decision from Florida’s Fourth District Court of Appeal.

The opinion is somewhat lengthy, but the point is simple.  Florida courts cannot grant a summary judgment of foreclosure when homeowners are seeking discovery that may be pertinent to the issues being litigated.  Hence, as I explained recently here, not only is discovery important to force banks to disclose information, the mere pendency of such discovery can prevent a foreclosure judgment from being entered.

This is, of course, all the more reason to fight foreclosure with attorneys who are experienced in the discovery process.

Mark Stopa

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