Mortgage Fraud Claims Against Bank Defeated Through Discovery

A lawsuit was commenced after Plaintiff Mr. Smith transferred his Property to another person, and that person took out two mortgages with US Bank. Plaintiff Mr. Smith then alleged that the conveyance to the other person was fraudulent and that he was duped out of his property. US Bank retained ALBPC to protect against the allegations of fraud.  Pete Reid was assigned to the case.

Pete Reid drafted extensive discovery demands against Plaintiff but Plaintiff failed to respond. As the Plaintiff was uncooperative in producing the requested discovery, and as the pleadings did not plead fraud with specificity, Pete Reid devised a strategy by which it would continue to request court orders that require the Plaintiff to produce the discovery demanded, which orders would ultimately form the basis for a motion to dismiss in favor of the insured, US Bank.

As planned, the Plaintiff continued to fail to produce the ordered discovery, and after sending all proper notices and requests to the Plaintiff, Pete Reid moved to dismiss the case, arguing that the Plaintiff had ignored five court orders demanding the production of discovery, the last of which (as was strategically drafted by Pete Reid) ordered that Plaintiff  was to respond to the demands by a date certain or would be precluded from offering any evidence as to fraud at trial.

The Plaintiff failed to produce the discovery by the date certain, and due to the strategic collection of orders employed by Pete Reid, the motion was granted and the fraud allegation was completely dismissed as against the insured, US Bank.

Pete Reid, Esq. appeared on behalf of ALBPC.

2017-11-07T13:04:03+00:00 February 2nd, 2010|Articles|