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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 26627
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am involved in a foreclosure; I want to hear options of what

Resolved Question:

I am involved in a foreclosure; I want to hear options of what directions I can go based on where I am at. They have filed for a summary judgement; I filled for extension of time based the fact I needed to consult with counsel. I don't have counsel that is moving quickly enough. Can you explain what is discovery exactly and can I still do it? Further, I have asked several time for the original loan docs thru my response and conversations. They have not produced it. Can I do a motion to comp
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

Kirk Adams :

Hi - thanks for requesting me!

Kirk Adams :

Do you know if there's a scheduling order for your case?

Kirk Adams :

This would be an order that sets deadlines for discovery to be completed, motions to be filed, parties to be added, etc.?

Customer:

I dont believe so. I am double checking.

Customer:

No the court had a motion to vacate the case due to inactivity; then he filed motion for summary judgement; I filed extension of time request; he opposed and that is where we are.

Kirk Adams :

Ok. If there's a scheduling order is NOT in place, then your right to do discovery would likely still be available. The rules usually say that discovery should be completed within 90 days of the answer being filed, but that rarely happens, and courts generally allow discovery to transpire unless the trial date has been set and is VERY close.

Customer:

Judge granted more time to September 24

Kirk Adams :

Thus, you should be able to issue discovery to the other side.

Kirk Adams :

Discovery is divided into three categories:

Kirk Adams :

1. Interrogatories - questions to the other side;

Customer:

How do I do that? He stated in his objection that I had not done this despite having plenty of time.

Kirk Adams :

2. Requests for Production of Documents - request for documents you want/need - - such as original loan documents;

Kirk Adams :

3. Requests for Admissions - request the other party to admit/stipulate to certain facts in the case

Kirk Adams :

That's why they're not giving you the documents.

Customer:

I was counting my blessings that they had not done anything. So do I send him a document or how do I do it? I don't think they have the documents!!

Kirk Adams :

If you have not issued discovery to the other side, they're not legally obligated to provide you with anything. Thus, you can't file a motion to compel until/unless a discovery request is not responded to.

Kirk Adams :

No, there is usually no form discovery that the court will provide. You usually have to do it on your own.

Customer:

So is that a letter to him?

Customer:

I feel that it has not been responded to because I have asked for it three times!

Kirk Adams :

However, there are usually samples online that you can use as a go-by. It's not a letter - - let me see if I can find a sample.

Kirk Adams :

If you don't formally request the documents through discovery, you're not entitled to it.

Customer:

What kind of stuff should I ask for other than doc?

Kirk Adams :

Here is a sample of common interrogatories: http://livinglies.wordpress.com/2010/03/11/sample-interrogatories/

Kirk Adams :

Sample Requests for Admissions can be found here: http://www.foreclosureprose.com/storage/forms/Discovery-Admission.pdf

Customer:

Thank you.

Kirk Adams :

Sure. Glad to help.

Kirk Adams :

There is no exact process, and you can ask for anything you can think of so long as it is relevant to the issues in your case. But, you need to use the basic form.

Kirk Adams :

THANK YOU for allowing me to assist, and please remember to positively rate our conversation so I will get credit for assisting you!

Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 26627
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 13 other Real Estate Law Specialists are ready to help you

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