Florida Court of Appeal Reverses Foreclosure Ruling on Discovery

This page was written, edited, reviewed & approved by Emil J. Fleysher following our comprehensive editorial guidelines. Emil J. Fleysher, the Founding Partner, has 15+ years of legal experience as a bankruptcy attorney. Our last modified date shows when this page was last reviewed.

Written By: Emil Fleysher | Published Date: April 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.

Emil Fleysher
Bankruptcy & Debt Lawyer

Emil specializes in consumer bankruptcy, debt settlement, and mortgage modification, offering a holistic approach to solving mortgage and debt problems. Emil listens to clients, understands their circumstances and goals, and helps them make the right choices by presenting all options and contingencies. 

He is dedicated to helping South Floridians regain their financial freedom from overwhelming debt caused by high interest credit cards, bad mortgage loans, and uninsured medical expenses.

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