November 29, 2009
WORD: Discovery
And the WORD for Today Is...
Discovery – if a consumer believes that foreclosure action is not the appropriate course of action based on their circumstances they have the right to contest the foreclosure. The discovery period allows an opportunity to gather information before trial by demanding that the lender/servicer produce evidence to support their alleged right to foreclose. A competent attorney will demand certain papers related to the transaction be produced, take depositions of the parties to the transaction and potential witnesses, written interrogatories and handle written requests for admissions of facts which are related. The core dispute between the parties will be uncovered during this discovery period.
Discovery can occur in a number of different ways, through legal process, which may be used by the parties to a lawsuit in order to get information from each other. A deposition is one of these ways.
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You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased at www.DovePublishingHouse.com.
(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)
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