Mortgage Foreclosure — Discovery — Request for Admissions: How to respond

June 14, 2011 by The ME Law Firm

If a homeowner in Florida is attempting to defend a Mortgage Foreclosure action without the assistance of an attorney or more specifically an attorney from Myers & Eichelberger, P.L., they may find they are having trouble understanding the documents sent to them from the attorney for the bank.

After the complaint is filed and answered, the attorney for the bank is likely to begin with what is called “Discovery”.  Simply, discovery is the part of the lawsuit where you can “investigate” the other side.  This is where you (or the opposing attorney) could send a request for admissions, interrogatories, or even a request for production. One of the most important facets of this is the request for admissions.

The request for admissions is very important and normally the first of the discovery documents you are likely to see.  The most important thing to remember and to note is the fact that if the Request for Admissions is not answered or if one of the counts are not answered, then it is considered admitted.  This means strictly that if you do not deny it, it is considered admitted. This is very important in a mortgage foreclosure.  The bank and the bank’s attorney will attempt to send you a Request for Admissions early in the process in an attempt to get you to admit to counts you should not and do not wish to admit to.  This is a common strategy.

Non-attorneys reading this may think the easiest solution would be to just deny each count of the Request for Admissions, but this is the wrong strategy.  If you deny something that should have been admitted, or you could have reasonably been able to ascertain, then you can held liable for the attorney fees and cost for the additional time it would require.

It is very dangerous to admit a count when responding to a request for admissions, so it is very important to have an attorney assist you when responding.  On the other hand, denying can also be costly.  Then how do you know what to do?  Contacting an attorney at Myers & Eichelberger, P.L. who would be willing to speak to you at no cost at your options is a great first step.

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