Can a Bank Bring a Foreclosure in Prior to Discovery Being Completed?

April 9, 2012
By David Goldman on April 9, 2012 8:45 AM |

Ponte Vedra Foreclosure Defense AttorneyAs a general rule, litigants are entitled to complete discovery before a Court can enter Summary Judgment of Foreclosure in a bank's favor. Put another way, a party should see all relevant documents in the opposing parties control that could have a bearing on the suit before a Court enters a finding in favor of that party. This makes sense, as there could be something within those documents that contradicts what the party says in Court. There has been a trend in Florida Courts, however, to grant Summary Judgment of Foreclosure prior to the Bank having to provide the borrower with critical paperwork through discovery. A recent decision by the Florida Fourth District Court of Appeal addressed this very issue.

In the case of Osorto v. Deutsche Bank National Trust Company, the Court found that Summary Judgment cannot be granted where a homeowner is seeking discovery that may be pertinent to the issues being litigated. This is a clear statement from the Florida Courts that not only is discovery important to the disclosure of information, but it can also be dispositive of a case. Thus, the pendency of discovery should prevent a Court from entering Summary Judgment of Foreclosure in the Banks favor. Read the entire opinion here: Osorto v. Deutsche Bank National Trust Company.pdf.

If you are facing foreclosure in Ponte Vedra or are behind on payments, consulting a Ponte Vedra Foreclosure Defense Attorney soon is recommended.