The Bank of New York Mellon v. Figueroa
In a residential foreclosure case with RICO and civil-conspiracy counterclaims, the borrowers sought discovery of documents and deposition testimony about nineteen unrelated loans and lawsuits, rubber-stamp endorsement practices, non-party policies, and OCC consent-judgment compliance. The Third District granted certiorari and quashed the October 17, 2018 order in full, and quashed in part the July 12, 2018 order, holding the discovery was overbroad, irrelevant to the pleadings, and implicated confidential financial records of non-party account holders under section 655.059(2)(b).
Key facts
- Bank of New York Mellon sought to foreclose on residential property; borrowers Figueroa asserted RICO and civil-conspiracy counterclaims against the bank.
- Borrowers sought discovery of documents and depositions regarding nineteen unrelated loans and lawsuits, rubber-stamp endorsement practices, non-party bank policies, and regulatory compliance with OCC consent judgments.
- +2 more key facts with a free trial
Why it matters
This decision gives foreclosure defense opponents a strong Third District tool to cabin sweeping 'robo-signing'/rubber-stamp endorsement discovery into unrelated loans, consent judgments, and non-party policies. It… — full analysis with a trial
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