The term Discovery is used frequently in foreclosure matters. Discovery in regards to law means compulsory disclosure, as of facts or documents. The most frequent types of discovery that attorneys file on their clients behalf are Request for Production, Request for Admissions and Interrogatories. An attorney can ask up to thirty of each type of question. However, you can motion the judge and ask for more. When a Request for production is file we are asking opposing counsel to produce actual documents such as a copy of the note, mortgage, assignments, insurance policies, copies of fees and invoices. As an attorney we are looking at the clients actual documents to help build our defense. We are looking for anything that can help our client stay in their home.
The next type of discovery that that is filed is called a request for admission. Request for admission is when we are asking the other side to simply admit or deny specific questions. For example we may ask such questions like: Admit or deny that Plaintiff paid value to MERS for the assignment; or Admit that the Plaintiff does not have authority to bring this foreclosure action. Again when filing a request for admissions we are gathering information to help build our defense. And the last type of discovery that is commonly filed is called interrogatories. Interrogatories are a formal or written question, as to a witness, usually requiring an answer under oath. So when an attorney asks interrogatories they are asking a specific question with a detailed answer. An example of interrogatory would be: “Please state any programs that might be available to the Defendant, such as loan forbearance, reinstatement (including reinstatement figures), loan modification or reduction in principal, reduction in interest or reduction in payments.” I hope that you now have a better understanding of what discovery is when referring to a foreclosure matter.