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Judicial Admissions

An essential part of most lawsuits is the discovery conducted by the parties. One type of discovery commonly used is called a Request for Admission. Under the Florida Rules of Civil Procedure 1.370, “a party may serve upon any other party a written request for the admission of the truth…” And once a party admits something, it is very difficult for them to change their answer. When a party admits something by responding to the Request for Admission, the admission is called a judicial admission. The idea behind a judicial admission is that you can bind the other party to their statement and potentially can use it against them. It’s a powerful tool, with significant consequences if used correctly.

Often a party will request that the other side admit or deny a fundamental aspect of their case. In a typical foreclosure, you may see a request from the borrower to the bank to “admit that the borrowers never defaulted on their loan”, or “admit that the bank can’t foreclose against the borrower”. As you might expect, the answer to these types of questions is usually in the form of a denial. The bank is not going to admit that the borrower did not default on their loan or that the bank can’t foreclose against the borrower. Those are the very reasons they are attempting to foreclose in the first place. The bank is naturally going to want to deny just about every request and try not to admit anything. That strategy sometimes backfires though.

I recently had a case where the bank made the mistake of not admitting to one of my requests. The particular request dealt with a prior loan servicer processing mortgage loan payments. When I asked about the prior loan servicer, the bank responded by admitting that there was no prior loan servicer. This ended up being problematic for them, because there was in fact a prior loan servicer. When I brought this admission up at trial, the court agreed that because the bank admitted there wasn’t a prior loan servicer, testimony and evidence to suggest otherwise could not be considered. Keeping testimony and evidence from being considered is a huge step in the right direction of prevailing at trial, and a Request for Admission is essential towards that end.

A seasoned litigator will know how to make the best use of the tools available, and how to formulate a strategy towards a common goal. Make an appointment with Loan Lawyers today to discuss possible defenses in your foreclosure and let us help keep you in your home.

Categories: Foreclosure Defense
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