I trusted Discovery because that was all I knew. Wells Fargo, using their lawyers, answered little, and even less, honestly.
When I wanted to find out ff Wells Fargo’s copy of the Original Note was real or in some way fabricated, I began calling forensic document investigators. A forensic mortgage fraud auditor suggested I do a Qualified Written Request. So, I did (no stone unturned, sort of thing). It turns out that a Qualified Written Request gets results in a way Discovery never did for me. Though, I still have several days to wait for the answers, I do know that Wells Fargo acknowledged receipt of my QWR, as per requirements of RESPA.
6/11/2016 ~ One thing I learned from Wells Fargo’s answers to my QWR was that Wells Fargo no longer owns my loan, it’s now owned by Fannie Mae. I also learned that as of last August Wells Fargo had paid its lawyers over $110,000 to foreclose my $72,000 mortgage.
Qualified Written Request ~ Read more.
Sample Interrogatories, Foreclosure Defense ~ Read now.
Another example of Interrogatories used to fight Foreclosure ~ Read now.
Another Foreclosure Defense set of Interrogatories ~ Read now.
Prosecuting my Counterclaim
I filed a Counterclaim within my Answer to Wells Fargo’s Complaint for Foreclosure. To prosecute my Counterclaim I did Discovery, including Interrogatories, Requests for Admissions, and Requests for Production. I didn’t do much beyond that, though.
Foreclosure Answer and Counterclaim ~ Read more.
6/11/2016 ~ In the end Wells Fargo moved to have my counterclaims dismissed. I had previously refused to answer any Wells Fargo discovery based on my counterclaims because, I said, Wells Fargo did not have standing and if the case was dismissed, as it should be, the counterclaim would not survive. At the hearing I only feebly defending my counterclaim. The judge said most of it was “not cognizable”. I wasn’t really upset about that. For one thing, I’m exhausted from the foreclosure and fighting for the counterclaim was beyond my remaining energy.
The rules regarding discovery are about the same in most states. I’ve quoted part of the rule at the start of my document. You can find the rule for your state online in order to read all of it.