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Defending Yourself From a Florida Foreclosure: Part 5


Ask for the Original Receipts

You know that paperwork is paramount when it comes to defending yourself from foreclosure, but not just any paperwork will do. It’s the originals that you must demand when going through the process of discovery.

During discovery, you have an opportunity to ask written questions and make written demands documents, but frequently the bank will object to your questions. They hope you don’t have the fight in you to continue on with pursuing the original documents, but don’t let them push you around. With our help at Jacobs Legal, we will ensure that your written requests for original documents are responded to.

Show Me the Originals

Within weeks, sometimes even days, after closing on your mortgage, it has already been resold (and sometimes sold again). Often home mortgages are divided and resold so many times that the originals can no longer be found. While the “missing originals” argument is not a strong enough defense in court, tracking down the original promissory note still serves a purpose and it’s important to do everything you can to force the bank to find it.


By asking the lender to track down the original documents – and in turn, their failure to do so or even make any attempt to do so – demonstrates to the courts that the bank is intentionally trying to keep something from you. By seeing the bank’s total lack of regard for the consumer, you may stand a better chance of receiving some relief. Sometimes it’s even possible for the bank to offer you a better settlement upfront because they know how bad their actions will look in court.

The important thing to remember with all of these foreclosure defense tactics is that you have rights as a consumer, and you deserve that they be protected. Getting bullied around or rolled over by a Goliath banking institution is simply not an option. We here at Jacobs Legal make sure you’re protected and apply the most effective foreclosure defense strategies to your given situation. If you have questions or concerns, know that we are here to help right those wrongs. Get in touch today to schedule a confidential consultation.

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