A Key West judge has dismissed a foreclosure lawsuit filed by the Florida Default Law Group (FDLG) filed on behalf of Bank of New York for failing to comply with the discovery requests of the Defendant. In response to the discovery request filed on behalf of the homeowner FDLG filed a Motion for Extension of Time for an indefinite period. FDLG did not respond to the homeowner's lawyer's good faith request about the length of time required under the extension. It was not until a year after the homeowner had filed their discovery request that FDLG finally replied by objecting to nearly everything that had been requested. The judge dismissed the case because FDLG had intentionally failed to comply with the discovery requests. FDLG cannot re-file the case unless it fully complies with the homeowner's discovery requests.
This is another victory for homeowners in foreclosure. Judges are beginning to tire of the lender's lack of compliance with the Rules of Civil Procedure in foreclosure cases. As the foreclosure filings continue to rise, hopefully we will see more judges take a stand against the unethical legal tactics employed by these lending companies.
