Florida Court of Appeal Reverses Foreclosure Ruling on Discovery

Written By: Emil FleysherApril 8, 2012

A 4th District Court of Appeal reversal of a foreclosure judgment spells a shift by the court toward friendlier decisions for homeowners. The Court of Appeal threw out a judgment granted to Deutsche Bank; finding there were discovery issues pending that the trial court did not honor. In fact, the trial judge ruled prematurely. That is because there were outstanding discovery requests based on a motion to compel that had been granted.

Also important in the holding are the implications about the underlying documents being sought. Furthermore, the foreclosure defense attorney wanted Deutsche Bank to provide any agreement containing any obligation to the pooling and servicing agreement. And, originals or best copies of all documents reassigning the loan. In fact, this is a major change from a previous 4th DCA case which held that banks holding securitized mortgages only have to show the note. Under this case, banks didn’t have to prove the note was the original or that they are the owner. They just had to have possession.

If you have questions about foreclosure, loan modification, bankruptcy; or other alternatives, please feel free to call my office at 954-484-9987. Or, send an e-mail to emil@fleysherlaw.com, or complete the contact form below.

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