South Florida Foreclosure Defense, Debt Defense, and Real Estate Blog

On Friday, June 7, 2013, Governor Rick Scott signed Florida House Bill 87 into law which takes effect immediately.  This law affects all outstanding mortgages and pending and future foreclosure lawsuits in Florida courts on Florida residential properties.  Its main “purpose” is to provide an expedited foreclosure process.   Here is a brief summary of the new… Read More

In the past few weeks we learned that New York’s Attorney General filed suits against HSBC, Wells Fargo and Bank of America for violating the terms of the “robosigning” national mortgage settlement.  Even Florida’s own AG, Pam Bondi, who has a pretty well-documented record of being soft on banks, issued a statement against Bank of America for… Read More

Governor Scott’s HB-87 Transmittal Letter   Final “Enrolled” Version of HB 87

Just left another foreclosure trial.   This is the second case in a row in which I show up to court, ready to go, only to face a bank that is extremely eager to settle.  With a look of hopeful anticipation that I’ll accept, today’s lawyer and bank witness’s initial hello was immediately followed by… Read More

The Florida Bar has issued a Certificate of Accreditation for Continuing Legal Education. This certifies Evan’s Foreclosure Trial Workshop as an Intermediate Level course in which attending lawyers will receive 19 hours of general CLE credits and .5 hours of ethics credits.  Those seeking Florida Bar Board Certification will be allowed to apply 14 hours… Read More

For all those who like reading about courtroom drama and complete incompetency by the Plaintiff’s bar, ENJOY! D’s Motion for Involuntary Dismissal – Redacted    

I have witnessed countless foreclosure trials in South Florida in which defense attorneys either consent to judgment or agree not to contest the trial, in exchange for a 90 day sale date.  However, this “extended” sale date is something they very well could have gotten if they tried the case and lost!  I’ve seen hundreds… Read More

Even with our recent foreclosure trial successes, we clearly do not and will not win them all.  Below is an excerpt from a recent trial that we lost.  However, today, May 8, 2013, we filed our Notice of Appeal.  The basis of the appeal can be summed up best from the following exchange copy and… Read More

The first trial for this case was scheduled in Miami-Dade for January 2013.  I had spent days and nights preparing, refreshing my memory on all the details such as the payment history, acceleration letter, the note and mortgage, mortgage servicer correspondence, court filings, discovery, rules of evidence, procedure and much more.  As I usually do,… Read More

It’s been a few days now since the oral argument was completed in an appeal of one of our foreclosure cases.  Legal issues are rarely cut and dry and while this case seemed to be, it invariably was not.  Months and months of preparation boiled down into 16 minutes of argument and as the buzz… Read More