SAMPLE REQUEST FOR PRODUCTION OF FORECLOSURE DOCUMENTS
A Request for Production of Documents is an essential part of the overall discovery process that entitles you to copies of all the important documents in your case. By forcing the bank to prove they have the right to sue you AND complied with all of the legal requirements for handling and recording your loan, you’ll be in a much better position to defend your own foreclosure lawsuit. More on Foreclosure Defenses
It’s best to file the Request during the early stages of the foreclosure process so you’ll have the necessary information to formulate your strategy as soon as possible. Although it can be sent at any time after you receive the foreclosure lawsuit, it’s usually mailed at the same time the formal Answer is filed with the court. However, unlike the Foreclosure Answer you don’t need to send a copy of the discovery request to the court and can simply send the Request for Production directly to the bank’s attorney and law firm.
To help you better understand the kind of information to ask for (if you can’t afford to hire an attorney which we always recommend), we’ve prepared a Sample Request for Production of Documents to get you started. However each state has a slightly different format and limit on the number of documents you can request so be sure to contact the local Clerk of Court, State Bar Association or Legal Aid Service for assistance in complying with local procedures. Banks Win Big Again With Nationwide Foreclosure Settlement
Once you’ve modified the Sample Request for Production of Documents to comply with local rules and cover the specific facts in your case, make sure to calendar the deadline for the bank’s response. If you don’t receive a timely set of full and complete documents from the bank, contact the Judicial Assistant for the judge handling your case and ask to set a hearing to Compel Discovery Responses.
Sample Request For Bank Documents
IN THE (Name of Court Here) COURT OF THE ____TH JUDICIAL CIRCUIT, IN AND
FOR ____________________(State/County/Judicial District Here)
(Name of Lender Here),
(Your Name(s) Here),
Case No.: ____________
DEFENDANT’S FIRST REQUEST FOR PRODUCTION OF DOCUMENT
Defendant(s) (Your Name Here), Pro Se, pursuant to (Your State Here) Rules of Civil Procedure, file the instant Request for Production of Documents to Plaintiff and requests that Plaintiff produce the following within thirty (30) days after service at the address of the undersigned:
A. You are requested to produce all documents in your custody, possession or control, including all documents which are in the custody of your employees, attorneys, consultants, accountants, or agents, regardless of the location of such documents.
B. If any document responsive to a specific request was, but no longer is, in your possession, custody or control, please identify that document and state whether any such document (a) is missing or lost; (b) has been destroyed; (c) has been transferred voluntarily or involuntarily; or (d) has been otherwise disposed of, and, in each instance, please explain in detail the circumstances surrounding any such disposition thereof.
C. All documents are to be produced in or with their original file folders, file jackets, envelopes, or covers.
D. In answering these requests for production you are required to furnish all information, documents and/or things that are available to you or subject to your reasonable inquiry, including information and things in the possession, custody or control of any of your representatives, including, without limitation, your attorneys, accountants, advisors, agents, or other persons directly or indirectly employed by or connected with you and anyone else otherwise subject to your control.
E. The relevant time period is from January 2005 until the present, unless otherwise indicated.
F. Any document as to which a claim of privilege is or will be asserted should be identified by author, signatory, description (i.e., letter, memo, telefax), title (if any), dates, addresses (if any), general subject matter, present location and custodian and a complete statement of the grounds for the claim of privilege should be set forth.
A. The term “document” or “documents” as used herein further shall mean:
a. all writings of any kind (including the originals and all non-identical copies, (whether different from the originals by reason of any notations made on such copies or otherwise), including without limitation, correspondence, notes, statements, transcriptions, checks, forms, applications, receipts, records, summaries, intra-office communications, notations of any sort of conversations or interviews, telephone calls or other oral communications, and all drafts, alterations, modifications, changes, and/or amendments of any of the foregoing.
b. all graphic or aural records or representations of any kind, including without limitation, photographs, charts, graphs, plans, drawings, microfiche, microfilm, videotape, recording, and motion pictures;
c. all electronic, mechanical, or electrical records or representations, whether transcribed or not, including without limitation, tapes, cassettes, discs and tape recordings, and
B. The term “all documents” as used herein shall mean every document, as defined above, in your possession, custody or control, or in the possession, custody or control of your officers, directors, employees, principals or agents. If more than one version or copy of a document exists and any such version or copy bears markings or notations which are not on other versions or copies of the document, each such version or copy is included within the meaning of the term ‘document.”
C. The terms “you” or “your” shall mean the person or entity to whom this document request is directed and, if any entity, all officers, directors, employees and agents of the entity.
D. The term “communication” as used herein shall mean the transmittal of information (in the form of facts, ideas, inquires, or otherwise) verbally, in writing, orally, by telephone, in person, at meetings, electronically, or in any way or in any form, and includes, but is not limited to emails, texts, twitter and similar forms of electronic communication, letters, faxes, telegraphs, telexes, inter-and intra-office memoranda or communications, envelopes, and all other written communications of whatever form, notes and memoranda of meetings, tapes other sound records and transcripts, videotapes, or films.
E. The term “concerning” as used herein shall mean relating to, referring to, describing, supporting, evidencing, or constituting.
F. The term “and” and “or” shall where the context permits be construed as “and/or” so as to be inclusive rather than exclusive.
G. The term “person” shall mean any natural person, trust, partnership, organization, business, entity or association.
H. The term “related to,” “relates to” or “relating to” means in any way directly or indirectly, concerning, referring to, disclosing, describing, confirming, supporting, evidencing or representing.
I. The past tense shall be construed to include the present tense and visa versa to make the request inclusive rather than exclusive.
- The singular shall be construed to include the plural and vice versa to make the request inclusive rather than exclusive.
- Any reference to the Note and Mortgage refers to the specific documents alleged by plaintiff to be involved in the instant proceedings.
DOCUMENTS TO BE PRODUCED
1. Any and all documents or correspondence which in any way describe, depict, reference, relate to, or refer to the allegations contained in the underlying foreclosure complaint, including without limitation any and all documents relied upon in preparing said complaint.
2. Copies of the legal services and retainer agreements for each law firm representing plaintiff in the instant action including without limitation the scope of services to be provided and fees for handling this action.
3. The original Mortgage and Note involved in this action which shall be made available for inspection and copying at a mutually convenient time and location.
4. Copies of all documents which support plaintiff’s claim that it owns the underlying Note and Mortgage including without limitation copies of any and all transfers, assignments, mergers, purchase and sale agreements, endorsements or other documents that demonstrate plaintiff has standing to bring this Complaint in Foreclosure at the time suit was filed.
5. Copies of any and all documents which create or demonstrate the existence of a nominee or agency relationship by, between, or otherwise relating to (Name of the Bank/Plaintiff in the Lawsuit) and (Name of the Lender Listed in Your Note and Mortgage) and which supports plaintiff’s allegation that it has standing to bring this Complaint in Foreclosure.
6. Copies of any and all documents relied upon by the Plaintiff to prove who actually owned the Mortgage and Note in this case at the time suit was filed including without limitation copies of relevant internal rules and guidelines relating to recording transfers and assignments with the appropriate state property records office.
7. If the original Lender is no longer the owner of the Note and/or Mortgage, copies of all documents identifying each successive owner of the Note and/or Mortgage and the terms of the transaction for each successive owner including the current owner.
8. Copies of the entire underwriting file related to the Note and Mortgage including without limitation copies of all loan applications, financial statements and other documents submitted by defendants or utilized by plaintiffs in making its underwriting determinations in the instant matter.
9. A copy of all document(s) that are relied upon by the Plaintiff to demonstrate the Plaintiff has standing to bring and maintain this lawsuit.
10. Copies of any and all documents that Plaintiff intends to rely upon at trial that have not already been provided to the Defendant.
11. Copies of documents provided to the Defendant at the time of application through closing, including all TILA and RESPA disclosures.
12. Copies of any and all default notices sent to defendant by plaintiff and/or any prior owner or servicer of the Note or Mortgage which purport to comply with the acceleration and notice requirements contained in the Note and/or Mortgage as well as any and all other notice related documents.
13. Copies of any and all correspondence sent to defendants by plaintiff or any prior owner or servicer of the Note and Mortgage including without limitations copies of all notices indicating a change in the ownership or servicing of the Note and Mortgage as required by the relevant loan documents.
14. Copies of any and all documents or information relating to defendants and in possession of the plaintiff or prior owner or servicer of the Note and Mortgage that have not previously been disclosed above.
15. Copies of all internal rules and procedures pertaining to proper document retention and measures employed to prevent the loss or destruction of relevant materials pertaining to the foreclosure process including the identification of the exact location where the Note and Mortgage have been stored.
16. Copies of all non-confidential employment records for each employee involved directly or indirectly in handling any aspect of the foreclosure process prior to or during the pendency of the suit.
17. Copies of all licenses and authority to provide notary services required for each of the notary publics utilized for any portion of the pleadings or filings utilized in this case by plaintiff.
I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via US Mail this _____ day of ___________ to (Name and address of attorney for the bank here).
Dated this ______th day of _________, 201_
(Your Name Here)
(Your Name and Address Here)