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Defending Yourself From a Florida Foreclosure: Part 4


Ask for Documents

As a Florida homeowner, there is nothing more important than protecting your rights and ensuring the safety and stability of your home for your family. In difficult situations, however, the task can feel insurmountable, especially when your opponent is a goliath banking institution.

We’re here to tell you, it’s not impossible. You can fight to keep your home. At Jacobs Legal, we won’t let you get bullied around by mortgage lenders and other big institutions. We fight for you and your rights to ensure that justice is upheld.

In this 9-part series on defending yourself from a Florida foreclosure, we’ve discussed many important issues in the foreclosure process and educated you on some key ways to arm yourself for a big battle. In this post, we dive into another important tactic of foreclosure defense: demanding paperwork

The Proof is in the Paperwork

You already know paperwork is paramount when it comes to mounting a strong legal defense. Keeping good records of your documents, forms, and other papers helps you be in a strong position heading into court. What you may not know, however, is that you can also demand that the banks show you their paperwork – and the original documents at that.

While banks do not have to voluntarily provide you with any such documents, you can – and should – ask for them in writing. Obtaining written documents is part of the discovery process. During discovery, you are allowed to ask written questions (referred to as “interrogatories”) and demand documents (referred to as “requests for production of documents”). There are legal regulations for these processes, so it’s best to work with us at Jacobs Legal when seeking to obtain documents.

Banks are not interested in just handing over paperwork, so you are likely to encounter push-back and obstacles, but that’s when you need to dig in your heels and fight harder. Frequently banks will object to your questions or refuse to hand over documents. They may object to the request by citing that it was “too vague,” “irrelevant,” or “too burdensome.”

Not a chance.

Persist in getting the paperwork. With our help as Miami foreclosure defense attorneys, we won’t relent until we do.

Don’t let the threat of foreclosure force you out of your home, especially now when so much else is in crisis in the world. Get in touch with us at Jacobs Legal right away. Our experienced team of trial lawyers will help you understand your rights and determine the best next steps to take.

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