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South Florida Foreclosure Defense, Debt Defense, and Consumer Protection Lawyer Blog

2015 Holiday Poem

December 23, 2015

As is the norm, I drafted and recited a poem at this year’s office holiday luncheon.  Here is this year’s:   If I could have your attention please Some words I’d like to say I’m so glad we’re all together What an amazing day!   So much we’ve accomplished Together over this past year Helped so… Read More

Uncategorized

This was one of our more complex cases.  Suit was filed in mid-May, 2009. There were ten trial orders setting the case for trial. Ultimately, trial started in February of 2015 and was spread out over three days, months apart. Finally, in June of 2015, trial was concluded – with a dismissal in favor of our client!   Here are… Read More

Foreclosure Defense

If you’ve watched any courtroom drama movie or TV show, chances are you’ve probably seen a lawyer stand up and say, “Objection, hearsay!” Hearsay is an oral or written statement, as well as some “non-verbal conduct,” made out of the courtroom, being offered to prove the truth of what was expressed. Hearsay is generally not admissible but,… Read More

Foreclosure Defense

Had another trial win recently – thankfully, we have been on a roll, winning multiple trials back to back to back! In this particular case, the original lender and the Plaintiff are Flagstar.  Attached to the Complaint is an unendorsed note, payable to Flagstar.  As is common in foreclosure cases, the Plaintiff substitutes in Green Tree… Read More

Foreclosure Defense

A few years ago, great lawyers, who are pioneers in our field, tried to blaze a trail alleging fraud in a foreclosure case.  The case went all the way up to the Supreme Court of Florida.  In the final written opinion, despite finding that “many, many mortgage foreclosures appeared to be tainted with suspect documents,”… Read More

Foreclosure Defense

We had a great win just before trial started recently. This was a very special case, referred by a friend. The client had a lot going on in her life, including a foreclosure judgment and the pending sale of her home.  She was successful in getting the sale reset four times but there was likely… Read More

Foreclosure Defense

      Strong words, so we’re gonna let the facts speak for themselves:   There is supposed to be only one Note…  At trial, the bank’s lawyer argued that standing at inception was established solely by comparing the indorsement on the “copy” of the Note filed with the initial Complaint with the indorsement on the Original… Read More

Foreclosure Defense

Just before trial starts, the Judge asks to see the file. She wants to review the Complaint and Answer. She takes a few minutes and then trial starts. Both sides waive opening statement – this is fairly common in foreclosure cases. After some brief preliminary questions, the Plaintiff seeks to move in the original note,… Read More

Foreclosure Defense

Plaintiff starts off wanting leave to amend to add a lost note count at the beginning of trial. Despite pleading that the Plaintiff is the owner and holder of the note in a “verified” complaint, they now know the note was lost all along. First, opposing counsel attempts to place blame on the clerk of… Read More

Foreclosure Defense

Despite this being a case we would have won on the merits, it ended up being another, come-from-behind win, based on evidentiary issues.  Despite the Judge initially overruling my numerous objections to evidence coming in through testimony of a non-qualified bank robo-witness, eventually, during my Motion for Involuntary Dismissal, the Judge announced she was reversing… Read More

Foreclosure Defense
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