Foreclosure Defense Discovery Timeline

In answer to a number of very similar questions about the paid services we provide on regarding the subject of Discovery, I submit the following:

The TERA will definitely give you narrative from which you can cut and paste questions or at least ideas on what questions you could ask in discovery. But it is far from a complete analysis for discovery. It is a part of the analysis required to come up with a complete defense narrative that you can use to guide you through litigation and educate the judge on what is wrong with the false case against you and your property (if that is the case).
The Case Analysis goes much deeper and completes the defense narrative as well as providing you with more in depth insight that can be used for cut and paste into discovery and the narrative for defending your discovery requests which most certainly come under attack.
Discovery is a multi faceted approach.
  • First you have the QWR and DVL.
  • Then you have the complaints to the State AG and the CFPB.
  • Response to statutory letters often provide the basis for the next step, because your opposition will evade, lie, and provide inconsistent answers. 
  • It is not uncommon to see them back off of a sale or dismiss a foreclosure case entirely when confronted with questions and accusations from the homeowner. 
  • The next step in the discovery process is the filing in court and service of discovery requests (usually limited to a specified number — i.e., you might need to submit more than one set) in the form of one or more of the following:
    • Interrogatories
    • Request to Produce (only aimed at party who is named in litigation)
    • Subpoena for documents
    • Subpoena for deposition duces decum
    • Request for Admissions
    • Request to enter or inspect
  • Following the filing and service of any discovery request you will almost definitely be met with objections and motions to strike and so forth. You must use the defense narrative to justify your questions and to answer how your request might lead to the discovery of admissible evidence. This part requires an aggressive stance — one that is often missed by pro se litigants and foreclosure defense lawyers.
  • Once you have received an order commanding compliance with your discovery request you will probably need to consider filing a motion for sanctions for non compliance. (We know that they will never admit that there is no trust or that the claimant has no interest in the loan or that the claimant won’t receive the proceeds of liquidation of the property.)
  • And lastly you will need to preserve objections before trial and possibly file a motion in limine to restrict the evidence your opposition can introduce at trial to the extent that includes discovery items they refused to give you.
While the questions will generally follow the same theme from case to case your discovery will be shot down if it is not specific according to your  defense narrative for this case alone.
We provide all these services either through or by direct retainer of Neil Garfield ( as an expert consultant or for legal consulting and analysis that can be used in conjunction with and in support of a local attorney.
In order to put all these elements into an actual plan for your case alone, you must submit the REGISTRATION FORM to us before even beginning. Put as much information on then form as you can do. The less information you give the more work we must do and must charge you for us to do the work.
Finally that leads to the Consult. Usually a thirty minute CONSULT is sufficient. In that conversation we decide on the path that you wish us to take in preparing pre litigation and litigation documents. Later Consults are for strategic assistance in confronting the efforts of the lawyers for often nonexistent clients to obfuscate, wear you down and thus defeat you.
Generally speaking we require consults to be ordered with the PDR (Preliminary Document Review). This pays us to review some of your documents and the most recent reports and correspondence in preparation for the Consult with me, Neil Garfield.
But all of this work is virtually identical to the background work needed to defend against a motion for summary judgment. However, if you want us to write the opposing motion and brief you need to hire us to do that by direct retainer of Neil Garfield ( as an expert consultant or for legal consulting and analysis that can be used in conjunction with and in support of a local attorney.

5 Responses

  1. anon– you keep posting the same question. Who are you?


    Read this case and learn what not to do. If I didn’t know any better, I’d say this guy found this website about 5 years too late.

  3. If a house is wrongfully foreclosed, is it possible to get it back?

  4. Since my situation a reverse mortgage I’ve already answered complaint Judge ordered only a 30 day discovery and trial set 60 days later This to me is ludicrous … Such a complex situation should have more information and discovered time then a mere 30 days.. All due by Nov 30th… This time allowed is more akin to a small claims case

    Our case involved fraud and predatory lending

    > >

  5. Good news: “STANDING ESTABILISHED” We assisted in a 9th Circ. Ct of Appeals reversal of a foreclosure plaintiff’s case REVERSAL and REMAND recently. Reference Mr. Deck’s case.
    For more info… 818.453.3585 ask for Sara or Steve.

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