Successful Discovery Strategies in Foreclosure Defense

Somewhere between questioning everything and questioning nothing lies the law. The law consists of duties, rights, and obligations of everyone plus a process of determining if there was a breach, whether it mattered and what to do about it.

Successful foreclosure defense is entirely about establishing a breach by the foreclosure mill. The best way to do that is usually through demanding discovery

Successful foreclosure defense is about seeking answers that you are entitled to ask when you are allowed to ask them, and how the questions are required to be asked. It is not about getting answers. If someone sues you to collect on a debt, you are entitled to ask, What debt? How do I owe it to you? Who are you?

If you don’t get answers or adequate responses, you are in the driver’s seat. You can either apply the brakes or coast along until you lose. But If you apply the gas, you can run the foreclosure mill into a corner. Because they have no answers.

People lose their homes because they assume they know the answers. They don’t. None of them do. Lawyers inadvertently allow their clients to lose their homes because they were afraid to ask the right questions and then follow up. Lawyers do that because they think they know the answers and wish to avoid them.

Tonight we discuss the who, what, where, when, and why of discovery and why it usually leads to homeowner victory.

1. Make absolutely certain that you don't admit something that is against your interests. 
2. Start as early as possible. 
3. Avoid using the nomenclature of the opposition, to wit:
   1. Loan
   2. Servicer
   3. Trustee
   4. Trust
   5. Certificates
   6. Certificate holders