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Has anybody ever heard of the Plaintiffs attorneys taking a deposition of the defendants in a foreclosure case?  Seems strange since we are in the beginning stages of discovery and they come up with "we want depo's"?

 

What could they possibly ask?  If we ever took out a loan?  This can all be done in discovery, I think it's a scare tactic but wanted to see if any of you have heard of it.

 

Thanks

 

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Depositions are common in any litigation. They can ask you just about anything they want. If you are pro se, you invite this because they want to get a feel for what you know, what defenses you might raise, how well you speak, what your education level is, what kind of legal knowledge you have, and whether you would be a good witness for them or a bad one. It's judicial in your state, which means they have to sue you, which means you get to defend yourself. They probably want to feel you out to see what kind of opposition they will get.

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Guest usctrojanalum

Very common.  When you say "this can all be done in Discovery," a deposition is a type of discovery.  They can ask you close to anything as long as it is reasonably going to lead to evidence of the underlying claim.  

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Thanks for the replies, We are prose and I understand that it is part of discovery but they haven't answered any of our discovery as of yet (just like my last JDB) but we are still sending it out.  This is the fourth set of attorneys we have run through and this guy seems to be hell bent.  I am trying to run up their bills to astronomical levels and so far I think they could have given my the house cheaper than this.

 

So should I go in there looking like a bumbling idiot and then blow them away at trial or should I go all 'Coltfan' on them right from the start?

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Attorneys usually get flat fees for foreclosures not hourly. Bank of America reached out to my boss and they were offering $1500 per forclosure and guaranteeing 1000 cases per year.  Yes, it does seem lucrative but my boss turned it down because he thought $1500 not enough to be worth the headache with the recent climate of robo-signing and banks getting smashed left and right.  My boss countered with $3,000 per case and they never called back.

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Attorneys usually get flat fees for foreclosures not hourly. Bank of America reached out to my boss and they were offering $1500 per forclosure and guaranteeing 1000 cases per year.  Yes, it does seem lucrative but my boss turned it down because he thought $1500 not enough to be worth the headache with the recent climate of robo-signing and banks getting smashed left and right.  My boss countered with $3,000 per case and they never called back.

 

It's kind of funny because, having gone through my state's court records in great detail, it seems like the same 5 or 10 attorney's names are on all of the foreclosures.  I'm sure they're litigating those cases with the same diligence that the attorneys who do CCs are, and what you are stating sounds a lot like verification from the other end of that. 

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So should I go in there looking like a bumbling idiot and then blow them away at trial or should I go all 'Coltfan' on them right from the start?

 

Not trying to rain on  your parade but, your're in Florida. It's a foreclosure. There isn't going to be a trial. They'll eventually get around to filing motion for summary judgment and, odds are, it will be granted, especially if you hang your hat one of the two strategies listed above. If you have a legal defense to the foreclosure suit, I hope you decide to focus on that, instead.

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