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this is foreclosure defense lawyer eliot schlissel today iamp;#39;m going to talk about litigation in a foreclosure lawsuit litigation in the foreclosure lawsuit takes place after the case goes through the mandatory settlement conference part once the case leaves the mandatory set conference settlement part the homeowner if they had put in an answer can engage in what is called discovery the purpose of discovery is to allow the homeowner to obtain records documents and other information including the names and addresses of witnesses to be used by the financial institution in their case in most cases the financial institution will make a motion for summary judgment the purpose of the summary judgment motion is to strike the homeowneramp;#39;s legal defenses the summary judgment motion is a request by the financial institution for the court to rule in favor of the lender and strike the answer of the borrower without the necessity of the case going to trial the whole the financi