How to Use Legal Discovery to Win Foreclosure Cases

Did you know we have a radio show/podcast? We do. And in this powerful episode of the Neil Garfield Show, we dive into how we win foreclosure cases: using legal discovery to expose the truth and challenge the bank’s story. Most people don’t know this, but nearly every foreclosure today is built on shaky ground. The party trying to take your home usually can’t prove they own the debt, and that’s where discovery comes in. Here is a direct link to the show’s episode: Neil Garfield Show

The Real Story Behind Most Foreclosures

Banks and servicers have been playing a dirty game for years. Homeowners thought they were getting a loan—but what they really signed was just a piece of a securitization scheme. The bank didn’t lend its own money. And the trust they say owns your loan? It usually doesn’t own anything.

“If the bank can’t name the real party who owns the debt, then the foreclosure is a fraud on the court.” – Neil Garfield

What You Need to Know About Discovery

Legal discovery is the process where both sides in a case ask each other for documents, admissions, and sworn answers to questions. It’s where the bank is supposed to show the proof. And that’s where they start falling apart.

Here’s how you use discovery to your advantage:

• Ask the questions they don’t want to answer
  Who owns the debt? Who paid for it? Where’s the proof?
• Demand documents
  Show us the wire transfers. Show us the accounting. Show us the actual loan ownership.
• Pin them down with admissions
  Make them admit they don’t have a record of who funded the loan or who currently owns it.

When the bank can’t answer these questions, the judge takes notice. It’s not about proving fraud—it’s about showing the bank can’t prove its own case.

Don’t Try to Prove What Really Happened

This is key. Many homeowners waste time trying to tell the full story of the fraud. That’s a mistake. Courts don’t need you to prove what happened—they just need to see that the bank can’t prove what they’re claiming.

Focus your energy on this:
Who is the claimant, and where’s the proof they own your loan?

If they can’t prove that, they can’t foreclose. Period.

Tools That Can Make or Break the Case

If you’re in a judicial foreclosure state:

• Answer the complaint with specific defenses
• Hit them with discovery requests: interrogatories, admissions, production of documents
• File motions to compel and motions in limine to keep fake evidence out

In nonjudicial states:

• File a lawsuit to challenge the foreclosure
• Use the same discovery tools to force them to show their cards

The Bottom Line

Discovery is how you shift the power in a foreclosure case. It forces the bank to stop hiding behind legal fictions and start proving their claims. And most of the time—they can’t.

“You don’t need a smoking gun. You just need to show the bank has no bullets.” – Neil Garfield

Need help in assessing your case? Does your attorney need our help? Use our services to help guide you through the process early enough to avoid mistakes that can cost you your home in an illegal foreclosure action.

Call our office today to inquire if we can help. You can also submit a case statement here and get a complimentary recommendation as to your best course of action.

FORECLOSURE DEFENSE IS NOT SIMPLE. THERE IS NO GUARANTEE OF A FAVORABLE RESULT. THE COMMENTS ON THIS BLOG AND ELSEWHERE ARE BASED ON THE ABILITY OF A HOMEOWNER TO WIN THE CASE NOT MERELY SETTLE IT. OTHER LAWYERS HAVE STRATEGIES DIRECTED AT SETTLEMENT OR MODIFICATION. THE FORECLOSURE MILLS WILL DO EVERYTHING POSSIBLE TO WEAR YOU DOWN AND UNDERMINE YOUR CONFIDENCE. ALL EVIDENCE SHOWS THAT NO MEANINGFUL SETTLEMENT OCCURS UNTIL THE 11TH HOUR OF LITIGATION.

But challenging the “servicers” and other claimants before they seek enforcement can delay action by them for as much as 14 years or more. In addition, although currently rare, it can also result in your homestead being free and clear of any mortgage lien that you contested. (No Guarantee).

Yes you DO need a lawyer.

Spread the word Call us now! 844.583.5339

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