If you have been sued for mortgage foreclosure, don’t forget the importance of Requests for Admission.

Under Florida Rule of Civil Procedure 1.370, you can send Requests for Admission to the lender’s attorney, demanding that the lender make certain admissions. For example, you could draft a request to state: “Admit that the Plaintiff did not mail a notice of default, as required by Paragraph 22 of the subject mortgage, to the borrower before filing this case.”

Under Florida Rule of Civil Procedure 1.370(b), if the bank’s attorney admits it or if they do not respond within 30 calendar days, the Request for Admission is deemed conclusively established absent an order from the Court granting relief from the admission. Sometimes counsel for the lender gets too busy and forgets to respond on time.

You can also develop Requests for Admission around other important issues, such as “Admit that the Plaintiff did not have possession of the original note at the inception of this case.”

Don’t forget to utilize all of the tools available to you through the litigation process. Requests for Admission are one of those essential tools.


Best Regards,


Ryan Torrens

Consumer litigation attorney