Justia Lawyer Rating for Evan M. Rosen
AV Preeminent 2020
Florida Legal Elite
AVVO 10.0
Super Lawyers
National Institute for Trial Advocacy
NACA Member

Case Dismissed! Law Offices of Evan M. Rosen Wins ANOTHER Foreclosure Case on the Eve of Trial

The Law Offices of Evan M. Rosen, P.A.

The Law Offices of Evan M. Rosen obtains another win for a client in a foreclosure case. This dismissal comes on the eve of trial resulting from a deposition taken of Angela Edwards, a Complaint Verifier for Homeward Residential and a Motion to Strike Verification as a Sham that followed.

It all started months before the trial was set and it was one of our first cases we decided to go after the verifier of the complaint. So we served the witness with a subpoena and set down the deposition. Little did we know that a few weeks later we would have the weapon needed to defeat this foreclosure.

It was plainly obvious from our deposition that Ms. Edwards had very little knowledge of even the basics of her employer’s business. Although she claimed she received training to verify complaints, she could not explain basic facts that were alleged in the Complaint and did not even know what to look for in order to verify those facts. Most poignantly, she admittedly did not verify certain key aspects of the Complaint but instead relied on the Complaint itself as her proof that the allegations stated therein were true and correct.If this were a philosophy paper, a somewhat circular statement such as “I think therefore I am” is perfectly acceptable. However, in a court of law, when a document requires that it be verified as true and correct, under penalty of perjury, one cannot sign off that what is stated in the Complaint is true because it is stated in the Complaint. This is preposterous.

The entire reasoning behind the Florida Supreme court taking unprecedented, historic action to amend rule 1.100(b) to require verification of residential foreclosure lawsuits was because of the financial industry’s well documented illegal behavior. It was primarily in response to the “robo signing” scandal, which ultimately led to settlements with 49 states, OCC consent orders, and numerous class action and shareholder lawsuits. We now know that “robo-signing” is used to describe the rampant process of having a person sign a document without authority to do so and/or knowledge as to that which they are signing, despite swearing otherwise.

And just like past “robo-signers” this new breed was no different.

Copy of The Voluntary Dismissal and Deposition of Angela Edwards Below…

If you are in South Florida and are looking for help with debtforeclosurestudent loansreal estate or want more information about bankruptcy law, call us at (754) 400-5150 or fill out our online form for a FREE CONSULTATION.  Let the lawyers and staff at the Law Offices of Evan M. Rosen serve you!

Notice of Voluntary Dismissal

Full Deposition of Angela Edwards “Robo-Verifier” as Servicer for the Plaintiff

Client Reviews

Mr. Rosen was recommended to us by our friends and we highly recommend him for his excellent service. He represented us in the matter of foreclosure defense. His comprehensive and detailed knowledge of Florida law, federal law, and ongoing relevant cases was key to building a robust and winning...

Jadwiga M.

In a few words, Evan Rosen saved my house. He got a final judgment in my favor. The judge gave the bank many opportunities (continuance of the trial even a mistrial) to solve all the issues that Evan Rosen will bring up to the judge (issues that were wrong with my case). In the end, his arguments...

Oscar D.

I am so grateful first to god and for the blessing of putting attorney Evan Rosen and his team of professional, in our lives. If you are going through a foreclosure and don't know what to do, I can honestly tell you that attorney Evan Rosen is the person to talk (855-55-Rosen) he takes his time to...

Julie D.

Contact Us

  1. 1 Treat You Like We’d Want To Be Treated
  2. 2 Treat Your Case As if It Was Our Own
Fill out the contact form or call us at 754-400-5150 to schedule your consultation.

Leave Us a Message