Foreclosure Defense Florida

Does a Consumer Have The Right to Examine Documents in a Foreclosure Case?



One Comment

  • Mark Bowen says:

    When the court, under the best evidence rule, allows for the admission of an alleged original negotiable instrument at a 5 minute trial, the defendant has no time (or the means) to examine it, even if they have the right tools. I’m personally in a difficult position because, after the Plaintiff stated that it had no knowledge of whether or not the original note had been intentionally eliminated following its execution (in its response to Defendant’s Request for Admissions), they still will not file the alleged original. I’ve filed a Motion to Compel, but the Court will undoubtedly reject my request for the Plaintiff to file the alleged original with the Clerk so as to ensure its security. It’s all part of a transparent conspiracy by the Court to “get these homes back into the stream of commerce.”

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