One of the more recent overly-aggressive and misleading arguments being made is that medical debt is not personal debt. The claim is that it’s business/commercial debt. And since the debt collection practices acts only apply to personal debt, health care providers and their debt collectors argue that they can illegally seek money from injured workers, with impunity. I won’t try to articulate the argument further. It is completely misleading. (Actually, it’s B.S.)

Here’s a copy of a recent (and successful) response we filed on this issue: 2021-02-22 Response to Motion to Dismiss. And here’s a copy of my outline from the hearing on the health care provider’s motion to dismiss our lawsuit: 2021-03-04 ER’s Hearing Notes on MTD. After losing their motion to dismiss, this particular health care provider and their lawyers rolled over and agreed to have judgment entered against the provider: 2021-04-24 Agreed Final Judgment. We later settled the outstanding fees and costs owed.

I post this to share the good news but also because I am concerned that some health care providers, debt collectors, and lawyers will continue to push misleading arguments as part of a business model that includes seeking money from people who do not owe. They may even prevail on this one day by convincing someone who does not take the time to carefully study the law and the misleading cases and arguments being presented. Please spread the word.

If you or anyone you know needs help with a personal injury, real estate, foreclosure defense, or consumer protection matter, please contact us. Let the Law Offices of Evan M. Rosen serve you!

Knowledge is power and here is the latest:

February 2021 Miami-Dade-County Single Family Homes Summary

February 2021 Miami-Dade-County Townhouses and Condos Summary

February 2021 Broward County Single Family Homes Summary

February 2021 Broward County Townhouses and Condos Summary

February 2021 Palm Beach County Single Family Homes Summary

February 2021 Palm Beach County Townhouses and Condos Summary

If you or someone you know needs help buying, selling, or refinancing real estate, defending against foreclosure, obtaining a fresh start in bankruptcy, or fighting improper debt collection, please contact us. Let the Law Offices of Evan M. Rosen, P.A. serve you!

If you or anyone you know needs help defending against foreclosure, fighting improper debt collection, obtaining a fresh start in bankruptcy, or buying, selling, or refinancing real estate, please contact us at 855-55-ROSEN or info@evanmrosen.com. Let the Law Offices of Evan M. Rosen serve you!

If you or anyone you know needs help defending against foreclosure, fighting improper debt collection, obtaining a fresh start in bankruptcy, or buying, selling, or refinancing real estate, please contact us at 855-55-ROSEN or info@evanmrosen.com. Let the Law Offices of Evan M. Rosen serve you!

In summary, we are seeing increases in sales activity and prices across the board in South Florida. Inventory (supply) is also dropping.

Knowledge is power and here is the latest:

November 2020 Broward County Single Family Homes Report

November 2020 Broward County Townhouses and Condos Report

November 2020 Miami-Dade County Single Family Homes Report

November 2020 Miami-Dade County Townhouses and Condos Report

November 2020 Palm Beach County Single Family Homes Report

November 2020 Palm Beach County Townhouses and Condos Report

In addition to foreclosure defense, debt defense, consumer protection, and bankruptcy, our office continues to help people buy, sell, and refinance real estate. From contract to closing, we can help with all aspects of real estate transactions.

If you or someone you know needs help defending against foreclosure, fighting improper debt collection, obtaining a fresh start in bankruptcy, or buying, selling, or refinancing real estate, please contact us. Let the Law Offices of Evan M. Rosen, P.A. serve you!

According to a body of federal law designed to protect consumers, lenders, and our entire banking system, a printed credit or debit card receipt provided at the point of sale/transaction cannot show any portion of the expiration date of your card nor can it show more than the last five digits of your card number. This includes ATM receipts. But it does not apply to handwritten or emailed receipts, nor does it apply to those that contain an imprint or copy of the actual card.

If you don’t keep receipts, please start paying attention to any receipt provided to you at the point of sale/transaction and let us know if you find one that violates the law.

If you keep receipts, please review them to see if any do not comply. The statute of limitations for a claim is two years from the date you discovered the unlawful receipt or five years from the date the receipt was printed, whichever is earlier.

Depending on a number of factors you could recover actual damages, statutory damages between $100 and $1,000, punitive damages, and attorney’s fees and costs. 

Please let us know if you find a printed receipt, provided at the point of sale, that shows any portion of the expiration date or more than the last five digits of your card. Identity theft is a major problem. See here and here. So not only can you recover money for finding illegal receipts, you can help consumers, lenders, and our entire financial system.

Of course, please let us know if you have any questions.

I’ve posted the applicable sections below but first, here is my summary of the key points for homeowners and tenants:

• All of the protections apply only to properties that have “Federally backed mortgage loans.”
  • This is primarily limited to loans that are insured by Federal Housing Administration (“FHA”)(generally for lower income families), guaranteed or insured by the Department of Veterans Affairs (“VA”), guaranteed, insured or made by the Department of Agriculture, or purchased or securitized through Federal National Mortgage Association (“FNMA”) or Federal Home Loan Mortgage Corporation (“Freddie Mac”).
    • Here’s how you know if any of this applies to you:
      • For FNMA:
        • If you are a homeowner: knowyouroptions.com
        • If you are a tenant: knowyouroptions.com
      • For Freddie Mac:
        • If you are a homeowner: freddiemac.com
        • If you are a tenant: myhome.freddiemac.com
      • FHA and VA Loans:
        • If you are a homeowner, review your mortgage and note. If you don’t have a copy saved, you can find your mortgage online in the local property records office. Here are links to the South Florida official records offices:
          • Broward: officialrecords.broward.org
          • Dade: onlineservices.miami-dadeclerk.com
          • Palm Beach: oris.co.palm-beach.fl.us
        • If you are a tenant, by using the name of the company or person that owns your property (which should be on your lease or can be found on your county’s property appraiser website), you can use the above links an to find your landlord’s mortgage, if there is one.
        • FHA
          • FHA mortgages will have a provision that states something like: “Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender’s rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary.”
          • The bottom left corner may also indicate that you have an FHA loan.
        • VA:
          • The top of the mortgage should state: “THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT”.
          • The bottom of each page should reference “Department of Veterans Affairs.”
          • The last page of should state something to the effect of: “NOTICE TO BORROWER Department of Veterans Affairs regulations at 38 C.F.R. 36.4337 provide provide as follows: ‘Regulations issued under 38 U.S.C. Chapter 37 and in effect on the date of any loan which is submitted and accepted and approved for a guaranty or insurance thereunder, shall govern the rights, duties, and liabilities of the parties to such loan and any provisions of the loan instruments inconsistent with such regulations are hereby amended and supplemented to conform thereto.’”
• Next, if you or your landlord have a “Federally backed mortgage loan”:
  • For property owners, there are two categories of protections: 1) those that own residential real property, including condos, designed to house one to four families; and 2) those that own residential multifamily real property, designed to house five or more families.
    • Residential real property for one to four families
      • Regardless of your current delinquency status on the loan, if you are experiencing a financial hardship due, “directly or indirectly,” to COVID-19, you can request and receive a forbearance for up to 360 days (it starts with 180 days but you can request another 180 days before the prior period expires.)
        • During the forbearance, no extra fees, penalties, or interest can be charged beyond what you would be charged as if you were timely paying.
        • You will need to provide an “attestation to a financial hardship caused by COVID-19.”
        • The question is here is: After the forbearance, what happens next? At that point, all the money you didn’t have to pay is suddenly due. We’ve seen this before in hurricanes and it has not been helpful in the long run.
          • Nothing requires lenders to tack this money on the back of the loan.
      • For these loans and these types of properties only, a mortgage servicer cannot initiate a foreclosure, move for judgment or sale, or execute on an eviction or sale until May 18, 2020. [This was extended to August 31, 2020 for FNMA, FHLMC, FHA, and VA loans.] There is no mention of whether existing cases can progress though. And there is a well known phrase when construing statutes: “expressio unius est exclusio alterius.” “Under the principle of statutory construction, expressio unius est exclusio alterius, the mention of one thing implies the exclusion of another.” Mallery v. Norman L. Bush Auto Sales & Service, Inc. 2D19-1466, 2020 WL 1280791, at *3 (Fla. 2d DCA March 18, 2020)(internal citation omitted). The idea behind this is that the legislature certainly knows how to state that all pending foreclosure proceedings are stopped. They didn’t write that. So by the rules of statutory instruction, the CARES Act does not stop all current foreclosure proceedings.
    • Residential multifamily properties for five or more families
      • As long as you were current on your loan as of February 1, 2020, you can request a forbearance if you are experiencing a financial hardship due, “directly or indirectly,” to COVID-19. In response, a servicer shall provide a thirty-day forbearance that can be extended for two additional thirty-day periods. Extension requests must be made at least fifteen days prior to the expiration of the prior period.
      • During the forbearance period, an owner of this type of property cannot evict a tenant, or charge late fees, penalties, or other charges, solely because of late rent payments.
  • If you are a tenant: Again, you must live in a “covered property,” which includes those with “Federally backed mortgage loans” as defined above, housing that’s part of the Violence Against Women Act of 1994, or housing that part of the rural housing voucher program.
    • Until Saturday, July 25, 2020, no landlord can file an eviction action, or charge fees, penalties, or other charges, due to nonpayment of rent.
    • Before they can evict, a landlord must also give thirty-days’ notice.

Here’s the applicable sections from the CARES Act:

SEC. 4022. FORECLOSURE MORATORIUM AND CONSUMER RIGHT TO REQUEST FORBEARANCE.
(a) DEFINITIONS.—In this section:
(1) COVID–19 EMERGENCY.—The term ‘‘COVID–19 emergency’’ means the national emergency concerning the novel coronavirus disease (COVID–19) outbreak declared by the President on March 13, 2020 under the National Emergencies Act (50 U.S.C. 1601 et seq.).
(2) FEDERALLY BACKED MORTGAGE LOAN.—The term ‘‘Federally backed mortgage loan’’ includes any loan which is secured by a first or subordinate lien on residential real property (including individual units of condominiums and cooperatives) designed principally for the occupancy of from 1- to 4- families that is—
(A) insured by the Federal Housing Administration under title II of the National Housing Act (12 U.S.C. 1707 et seq.);
(B) insured under section 255 of the National Housing Act (12 U.S.C. 1715z–20);
(C) guaranteed under section 184 or 184A of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13a, 1715z–13b);
(D) guaranteed or insured by the Department of Veterans Affairs;
(E) guaranteed or insured by the Department of Agriculture;
(F) made by the Department of Agriculture; or
(G) purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association.
(b) FORBEARANCE.—
(1) IN GENERAL.—During the covered period, a borrower with a Federally backed mortgage loan experiencing a financial hardship due, directly or indirectly, to the COVID–19 emergency may request forbearance on the Federally backed mortgage loan, regardless of delinquency status, by—
(A) submitting a request to the borrower’s servicer; and
(B) affirming that the borrower is experiencing a financial hardship during the COVID–19 emergency.
(2) DURATION OF FORBEARANCE.—Upon a request by a borrower for forbearance under paragraph (1), such forbearance shall be granted for up to 180 days, and shall be extended for an additional period of up to 180 days at the request of the borrower, provided that, at the borrower’s request, either the initial or extended period of forbearance may be shortened.
(3) ACCRUAL OF INTEREST OR FEES.—During a period of forbearance described in this subsection, no fees, penalties, or interest beyond the amounts scheduled or calculated as if the borrower made all contractual payments on time and in full under the terms of the mortgage contract, shall accrue on the borrower’s account.
(c) REQUIREMENTS FOR SERVICERS.—
(1) IN GENERAL.—Upon receiving a request for forbearance from a borrower under subsection (b), the servicer shall with no additional documentation required other than the borrower’s attestation to a financial hardship caused by the COVID–19 emergency and with no fees, penalties, or interest (beyond the amounts scheduled or calculated as if the borrower made all contractual payments on time and in full under the terms of the mortgage contract) charged to the borrower in connection with the forbearance, provide the forbearance for up to 180 days, which may be extended for an additional period of up to 180 days at the request of the borrower, provided that, the borrower’s request for an extension is made during the covered period, and, at the borrower’s request, either the initial or extended period of forbearance may be shortened.
(2) FORECLOSURE MORATORIUM.—Except with respect to a vacant or abandoned property, a servicer of a Federally backed mortgage loan may not initiate any judicial or non-judicial foreclosure process, move for a foreclosure judgment or order of sale, or execute a foreclosure-related eviction or foreclosure sale for not less than the 60-day period beginning on March 18, 2020.

SEC. 4023. FORBEARANCE OF RESIDENTIAL MORTGAGE LOAN PAYMENTS FOR MULTIFAMILY PROPERTIES WITH FEDERALLY BACKED LOANS.
(a) IN GENERAL.—During the covered period, a multifamily borrower with a Federally backed multifamily mortgage loan experiencing a financial hardship due, directly or indirectly, to the COVID–19 emergency may request a forbearance under the terms set forth in this section.
(b) REQUEST FOR RELIEF.—A multifamily borrower with a Federally backed multifamily mortgage loan that was current on its payments as of February 1, 2020, may submit an oral or written request for forbearance under subsection (a) to the borrower’s servicer affirming that the multifamily borrower is experiencing a financial hardship during the COVID–19 emergency.
(c) FORBEARANCE PERIOD.—
(1) IN GENERAL.—Upon receipt of an oral or written request for forbearance from a multifamily borrower, a servicer shall—
(A) document the financial hardship;
(B) provide the forbearance for up to 30 days; and
(C) extend the forbearance for up to 2 additional 30 day periods upon the request of the borrower provided that, the borrower’s request for an extension is made during the covered period, and, at least 15 days prior to the end of the forbearance period described under subparagraph (B).
(2) RIGHT TO DISCONTINUE.—A multifamily borrower shall have the option to discontinue the forbearance at any time.
(d) RENTER PROTECTIONS DURING FORBEARANCE PERIOD.—A multifamily borrower that receives a forbearance under this section may not, for the duration of the forbearance—
(1) evict or initiate the eviction of a tenant from a dwelling unit located in or on the applicable property solely for nonpayment of rent or other fees or charges; or
(2) charge any late fees, penalties, or other charges to a tenant described in paragraph (1) for late payment of rent.
(e) NOTICE.—A multifamily borrower that receives a forbearance under this section—
(1) may not require a tenant to vacate a dwelling unit located in or on the applicable property before the date that is 30 days after the date on which the borrower provides the tenant with a notice to vacate; and
(2) may not issue a notice to vacate under paragraph (1) until after the expiration of the forbearance.
(f) DEFINITIONS.—In this section:
(1) APPLICABLE PROPERTY.—The term ‘‘applicable property’’, with respect to a Federally backed multifamily mortgage loan, means the residential multifamily property against which the mortgage loan is secured by a lien.
(2) FEDERALLY BACKED MULTIFAMILY MORTGAGE LOAN.— The term ‘‘Federally backed multifamily mortgage loan’’ includes any loan (other than temporary financing such as a construction loan) that—
(A) is secured by a first or subordinate lien on residential multifamily real property designed principally for the occupancy of 5 or more families, including any such secured loan, the proceeds of which are used to prepay or pay off an existing loan secured by the same property; and (B) is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way, by any officer or agency of the Federal Government or under or in connection with a housing or urban development program administered by the Secretary of Housing and Urban Development or a housing or related program administered by any other such officer or agency, or is purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association.
(3) MULTIFAMILY BORROWER.—the term ‘‘multifamily borrower’’ means a borrower of a residential mortgage loan that is secured by a lien against a property comprising 5 or more dwelling units.
(4) COVID–19 EMERGENCY.—The term ‘‘COVID–19 emergency’’ means the national emergency concerning the novel coronavirus disease (COVID–19) outbreak declared by the President on March 13, 2020 under the National Emergencies
Act (50 U.S.C. 1601 et seq.).
(5) COVERED PERIOD.—The term ‘‘covered period’’ means the period beginning on the date of enactment of this Act and ending on the sooner of—
(A) the termination date of the national emergency concerning the novel coronavirus disease (COVID–19) outbreak declared by the President on March 13, 2020 under the National Emergencies Act (50 U.S.C. 1601 et seq.); or
(B) December 31, 2020.

SEC. 4024. TEMPORARY MORATORIUM ON EVICTION FILINGS.
(a) DEFINITIONS.—In this section:
(1) COVERED DWELLING.—The term ‘‘covered dwelling’’ means a dwelling that—
(A) is occupied by a tenant—
(i) pursuant to a residential lease; or
(ii) without a lease or with a lease terminable under State law; and
(B) is on or in a covered property.
(2) COVERED PROPERTY.—The term ‘‘covered property’’ means any property that—
(A) participates in—
(i) a covered housing program (as defined in section 41411(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12491(a))); or
(ii) the rural housing voucher program under section 542 of the Housing Act of 1949 (42 U.S.C. 1490r); or
(B) has a—
(i) Federally backed mortgage loan; or
(ii) Federally backed multifamily mortgage loan.
(3) DWELLING.—The term ‘‘dwelling’’—
(A) has the meaning given the term in section 802 of the Fair Housing Act (42 U.S.C. 3602); and
(B) includes houses and dwellings described in section 803(b) of such Act (42 U.S.C. 3603(b)).
(4) FEDERALLY BACKED MORTGAGE LOAN.—The term ‘‘Federally backed mortgage loan’’ includes any loan (other than temporary financing such as a construction loan) that—
(A) is secured by a first or subordinate lien on residential real property (including individual units of condominiums and cooperatives) designed principally for the occupancy of from 1 to 4 families, including any such secured loan, the proceeds of which are used to prepay or pay off an existing loan secured by the same property; and
(B) is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way, by any officer or agency of the Federal Government or under or in connection with a housing or urban development program administered by the Secretary of Housing and Urban Development or a housing or related program administered by any other such officer or agency, or is purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association.
(5) FEDERALLY BACKED MULTIFAMILY MORTGAGE LOAN.—
The term ‘‘Federally backed multifamily mortgage loan’’ includes any loan (other than temporary financing such as a construction loan) that—
(A) is secured by a first or subordinate lien on residential multifamily real property designed principally for the occupancy of 5 or more families, including any such secured loan, the proceeds of which are used to prepay or pay off an existing loan secured by the same property; and
(B) is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way, by any officer or agency of the Federal Government or under or in connection with a housing or urban development program administered by the Secretary of Housing and Urban Development or a housing or related program administered by any other such officer or agency, or is purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association.
(b) MORATORIUM.—During the 120-day period beginning on the date of enactment of this Act, the lessor of a covered dwelling may not—
(1) make, or cause to be made, any filing with the court of jurisdiction to initiate a legal action to recover possession of the covered dwelling from the tenant for nonpayment of rent or other fees or charges; or
(2) charge fees, penalties, or other charges to the tenant related to such nonpayment of rent.
(c) NOTICE.—The lessor of a covered dwelling unit—
(1) may not require the tenant to vacate the covered dwelling unit before the date that is 30 days after the date on which the lessor provides the tenant with a notice to vacate; and
(2) may not issue a notice to vacate under paragraph (1) until after the expiration of the period described in subsection (b).

If you have any specific questions, please feel free to e-mail or call and I’ll respond as soon as I can. Banks are still pushing forward on many cases and we are still working hard to serve our clients.

Evan and all of us at the Law Offices of Evan M. Rosen, P.A.

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations and peer evaluations.

Super Lawyers Magazine features the list and profiles of selected attorneys and is distributed to attorneys in the state or region and the ABA-accredited law school libraries. Super Lawyers is also published as a special section in leading city and regional magazines across the country. Lawyers are selected to a Super Lawyers list in all 50 states and Washington, D.C.

As per a recent e-mail I received from them, “each year fewer than 5% of all 53,000 active Florida attorneys are selected as a Super Lawyer!” I am proud to say that I have now been selected three years in a row. While I appreciate the accolade, the only measure of our success that truly matters to me is how we treat our clients and the results that we help them achieve. Our goal is, and always has been, to treat every client like we would want to be treated. This includes treating their case as if it was our own.

If you are in Florida and are looking for help with debt and foreclosure, call us at (855) 55-ROSEN 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!

On November 14, 2012, ALS-RVC, LLC, the entity claiming the right to foreclose, filed suit. The case went to trial and was involuntary dismissed, in part, because of ALS-RVC’s failure to adjust the interest rate as required by the Servicemember Civil Relief Act (SCRA). 50 U.S.C.A §3937. ALS-RVC appeals. In their Initial brief they concede the SCRA “applies to this situation, and [Mr. Garvin’s] loan payments should have been credited with a reduced interest rate during his active duty…” They also concede that “Subsection (e) of 527 is entitled ‘Penalty’ and reads, ‘Whoever knowingly violates subsection (a) shall be fined as provided in title 18, United States Code, imprisoned for not more than one year, or both.’ 50 U.S.C.A § 3937(e).” Yet, rather than trying to make amends for their admitted, jailable offense committed against a member of the United States Army, the bank and their lawyers appeal.

In the 80s, we were introduced to the phrase “trickle down economics.” From what I see in this and so many other cases, the only thing trickling down from Wall Street is fraud, greed, arrogance and a complete disregard for the rule of law.

Our Answer Brief is here: 2016-03-30 – Answer Brief

It is a yearly tradition that I share some thoughts via a poem.  Just after our drinks arrived, I read the following to everyone:

Welcome to the 2013 holiday party! Work hard, we have this past year. Now, it’s our time to let loose And take a break from our little sphere.

Some new faces we have, Around our party table. Florida’s dream team we have assembled All smart, dedicated, hardworking and able.

Preparing discovery and signing up clients, With a passion for our cause that never wanes. Full of information and a great demeanor, Fighting for justice flows through his veins.

Yes, completing our dynamic duo, The “Wizards of Main Street.” Michael is an incredible asset to our firm; On top of it all, he’s damn good at drafting a tweet.

Next came along, An excellent writer to man the front. Balancing the first line of contact with her other duties At times, must feel like an acrobatic stunt.

First getting my attention By writing about the food desert, Francisca’s mind, energy, devotion and smile; Is where we really hit pay dirt!

Next we found, another dynamic duo. First, a brilliant young lawyer, ready to make her mark. She’ll lull the other side in with her kind ways, And then hit her argument out of the park!

She’s very smart and passionate, About our line of work. It’s evident in her eyes and in everything she does, Tamar is going to crush any bank jerk!

Shortly after finding One great young lawyer, Another I met at a place that serves up A great ham-burger.

It seems like so long ago, That we met that night. Smart and organized, I had no doubt; But now I know, Nakeita is ready to fight!

That killer instinct, To attack when your opponent is weak. Combined with a sharp mind and great writing, Havoc on the banks, you are going to wreak!

There is, of course, Our other “Wizard of Main Street.” Once a warrior against cancer; Now, it’s the banks she wants to beat.

Dedicated, full of knowledge and passion, A special soul in our midst. Thanks to Lisa’s great input, Many more cases have gotten dismissed!

As for all of you, how truly grateful I am To be able to spend each day; The amount of respect and admiration I have, Words can never say.

And while we struggle together, To seek justice in this great cause of our time. I need not remind you; We are fighting a new kind of organized crime.

Their greed and arrogance Knows no bounds. They prey on us like piranhas; And sniff out our money like bloodhounds

Both the carnage and their money Are piling up in historic proportion. Their priorities are skewed; And their truth, full of distortion.

But let not only anger Fill our heart and motivate our ways. For we have a higher calling, Serve our clients, help them to better days

And as we continue to do this Let us celebrate our victories. One day we will all look back, Telling grandkids of our stories

Also let us not forget, That serving others is a noble endeavor. Rewards for our efforts should be ours Along with contentment in our hearts, forever.

A balanced lifestyle, health, and financial security The good life isn’t just for crooks and thieves. Plenty of just rewards await, Those of us doing good deeds.

A better life for all, Is what we hope will one day be. But in the meantime, We must be the change we wish to see.

Before I stop talking So we can kick back and chillax. There is but on more poem I wish to read On me, this has made a huge impact.

From Marriane Williamson, a book called “A Return to Love: Reflections on the Principles of “A Course in Miracles.”   “Our deepest fear is not that we are inadequate. Our deepest fear is that we are powerful beyond measure. It is our light, not our darkness that most frightens us. We ask ourselves, ‘Who am I to be brilliant, gorgeous, talented, fabulous?’ Actually, who are you not to be? You are a child of God. Your playing small does not serve the world. There is nothing enlightened about shrinking so that other people won’t feel insecure around you. We are all meant to shine, as children do. We were born to make manifest the glory of God that is within us. It’s not just in some of us; it’s in everyone. And as we let our own light shine, we unconsciously give other people permission to do the same. As we are liberated from our own fear, our presence automatically liberates others.” 

So with this in mind And a great new program for us all to grow, Let down your hair Off some steam, let’s blow!

Please join with me In raising your glasses; To us, our clients, and the greater good of the masses!

Let’s drink up and be merry. I’ll stop before there is a coup. Just two more words to end with, To all here, I say, THANK YOU!

Merry Christmas, Happy Holidays and a Happy New Year to All! From Evan and all of us at the Law Offices of Evan M. Rosen, P.A.

Our client had a Fannie Mae loan, serviced by one of the biggest banks. The file contained the usual hoof prints of suspicious documents.  It was handled by a foreclosure mill, which was one of many under investigation by the Attorney General’s office.  Unfortunately, this is not unusual…

I woke up the morning of trial raring to go.  I was prepared, calm and pumped with a bit of adrenaline.  Litigators and athletes will understand the letdown I felt when the trial did not go forward.  Their witness did not show and the court ordered a continuance until April 4^th.

In the meantime, our client had a short sale pending on her home.  Like many foreclosure cases lately, banks seem to prefer to foreclose on the home rather than approve a short sale or sustainable modification.  As per our client’s wishes, our office staff tried to overcome the bank’s resistance to final approval of the short sale in hopes of avoiding the looming reset trial date.  We were getting nowhere fast with that.  Being stonewalled on the short sale seemed part of the bank’s plan.  On the eve of trial, the bank’s foreclosure mill contacted us with the typical bargain that we see almost every single other foreclosure defense attorney at trial take. If our client would go quietly and accept a foreclosure judgment which would include her owing a deficiency or huge overage between the amount of the judgment and the value of the property at the time of the foreclosure sale, then the bank would “generously” agree not set the foreclosure sale for ninety days.  What kind of a bargain is that?  If we lose at trial, we get almost the exact same thing.  We consulted with our client.  With no incentive, I eagerly recommended that we try this case and give our client her day in court!

The end of March came.  My calendar was blocked out for a few days prior to the trial in order to finalize preparations for the case, honing in on any detail that might be critical.  We also held a mock trial with my staff as judge, jury, and witness.  My staff is awesome, chocked full of dedicated foreclosure fighters like myself.  Some of them have been regular court watchers at foreclosure trials, including ones where I was on the defense for my clients.  They knew exactly how to recreate what I was sure to once again face.  Adding role playing to my prior trial experience, training and dedication, is a critical piece of trial prep.  My staff was ruthless.  They showed no mercy and we worked hard at refining my approach.

In court, I was in top form as I walked in the lion’s den of a Florida foreclosure courtroom.  Bank lawyers and their robo-testifiers dominated the courtroom.  They possessed every square inch of it.  Tables and chairs piled high with their foreclosure files.  They’re young, confident, and full of smiles and small talk, comfortable and relaxed.  For them, sixty foreclosure trials dispossessing others of their homes in one afternoon is just another day at the office.  For me, I’m driven to serve my clients and to seek justice for the social, ethical, and financial injustices of banks destroying our economy and decimating the middle class only to then be bailed out and pardoned, so they can now take properties by the thousands per week.

My calm yet serious demeanor makes me an oddity in the company of the bank lawyers.  Politely, I smiled and ask for some space.  I refuse to be pushed into a corner when my client is, under the eyes of the law, supposed to be on equal footing with the bank.  Most of the other attorneys are polite and know me by now.  A few moved some files over and cleared a small space.  However, I always get the impression that, by insisting on just a little square footage I am elbowing in where I am not welcome.

As the trials get started, the court reporter, off to the side, gently taps away at her transcribing equipment. The Judge controls the room from up high on the bench.  I watch as countless cases, one by one, are quickly dispensed in favor of the bank. NOT A SINGLE CASE is defended by a homeowner or defense counsel.  My clients’ case is called.  My knowledge of the case, the rules of evidence, my voir dire and cross examination skills are sharp. I am focused.  The judge, a very bright and fair one, listens, considers my objections and arguments and mulls over my cited case law.  As the trial continues on, substantially longer then the usual 5 minutes, behind me I can feel the room full of bank lawyers and witnesses’ eyes frustrated and annoyed, beaming at me. Their irritation is palpable.  Many times I can almost see the exaggerated eye-rolling going on behind my back.  I remain calm, unruffled, and professional.  Above all, my clients have their right to their day in court and it’s my obligation and honor to see that they get it!

The trial lasted over an hour, practically unheard of in foreclosure rocket trial world.  After the Plaintiff “rests”, I moved for involuntary dismissal; the Plaintiff has not proved its case.  The judge wants to hear argument on my motion, but not then, not that day.  He wants to hear it during a special set hearing and orders us back in a month.

That hearing took place last week.  I went back, after having timely filed our detailed Memorandum in Support of our Motion for Involuntary Dismissal full of cites to the trial transcript and applicable case law to back up our arguments.  We clearly laid out our client’s position and the law.  A few hours before the hearing, the bank’s lawyers untimely filed their own Memo.  Tellingly, there was not a single reference to the trial transcript.  Not one!  It was, however, filled with a lot of hot air for me to prepare to deflate.  The first hour and half of the hearing was absorbed with both sides arguing their positions.  However, eventually the Judge announced he would mull it over some more, privately, before ruling.  I certainly applauded his desire to thoroughly consider our arguments and make the right call.  After a few moments in chambers, he came back.  We both looked up expectantly.  The Judge said he needed some more time and would issue a written opinion in a few days.

Well, after a few days, we are pleased to announce our Motion for Involuntary Dismissal was GRANTED!  Because of thorough preparation with our great team and precision execution, we were able to demonstrate at trial and via our Motion and Memorandum, that the Plaintiff did not meet its burden to prove its case.

Judge ordered, CASE DISMISSED!

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If you are in South Florida and are looking for help with debt, foreclosure, student loans, real 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!

We are a debt relief agency.  In addition to other legal services, we help clients file for bankruptcy relief under the Bankruptcy Code.

Of course, initially, my mind repeated an internal loop of things I could have said or done differently. Mentioning the Boultbee case which stands for the proposition that a denial along with raising the specific statute, similar to the specific paragraph in the mortgage, in an affirmative defense, without more, is enough to adequately deny the general allegation that conditions precedent have been met to shift the burden back to the Plaintiff to prove that element of their case, is one example.  We did cite that case in our brief but this point is in a footnote.  I sure hope the Judges see that.  There were others but that was the one that bothered me most. This may or may not have made a difference and second guessing your performance as a lawyer is part of the job.  However, overall, I knew the law and was proud of the way things went.  I received a number of calls and emails from trial and appellate lawyers whom I respect and admire and the feedback was positive.  Especially since appellate law sets precedent, this was reassuring. As much as my focus is on serving my clients, I know that many others can be affected by this ruling.

Taking a further step back, I can’t help but wonder whether or not this case would have even needed to be appealed if it were not a foreclosure case.  A few years ago, just before the foreclosure crisis, I was in the middle of a 5-day jury trial.  In the case, like in almost all others, the Judge was called upon to rule as to whether or not a document could be admitted into evidence for the jury to consider in its deliberations.  It was a small, one of many, physical therapy bill.  Rather than seek someone from the physical therapist’s office to admit the bill in a case that involved major surgeries, we sought to admit it through the testimony of a doctor.  The doctor knew the bill was fair and accurate, and even knew that the services were ordered, reasonable, and necessary.  However, as required by Florida Statutes 90.803(6), he could not testify as to when the bill was made, how it was made, how it was kept, and whether or not it was made by a person with knowledge. We had admitted similar evidence in other cases usually by agreement but this opposing lawyer would not stipulate.  Because the doctor couldn’t truthfully testify to the issues or “prongs” required by 90.803(6), the judge properly excluded the bill from coming into evidence.  We had our client later testify based on her personal knowledge as to the amount of that bill so no harm was done.

However, while preparing for the Murillo appeal, that fairly routine trial experience, one of many as a litigator for over 15 years, kept coming to mind.  In this pending appeal, while the witness for the Plaintiff did actually work for the bank, her knowledge of relevant portions of the bank’s vast operations were just as foreign to her as the physical therapist’s business records were to the doctor.  This bank witness worked only in cases in litigation.  She never testified that she had any training in record preparation or maintenance, or whether or not the record was prepared by a person with knowledge. She admitted to never playing any role in how records were made or kept by the bank.  Yet for some reason, up until now, that was good enough in this case.

The evidence code is a body of law which guides what our courts, judges, and juries can and cannot consider in its deliberations.  It applies equally to all cases.  Criminal and civil, murder and personal injury, and yes, foreclosures. It matters not.  Lady justice is blindfolded so that all who come before her and the causes they seek to remedy are treated equally.

A foundational bedrock to the ideal of equal application of the law, the evidence code was designed to protect us from incorrect or inaccurate information.  Whether it be information which has been manipulated solely for trial, deliberately or by accident, or just information which circumstances show a “lack of trustworthiness.”  The code is the equivalent of a computer’s anti-virus software, acting as a barrier so that information of questionable reliability does not unduly influence the rule of law in any particular case.  Sure, there are times when cases are won or lost on evidentiary technicalities, when justice might require a different outcome.  However, eventually the rule of law, when applied correctly, almost always gets it right.

Besides, we are all bound by the law.  This is one of the chief principles of a civilized society.  A Judge regarded as among the most brilliant in the history of South Florida jurisprudence, who served as Chief Justice of his district for 21 years and yet still serves on the bench, once summed it up in a specially concurring legal opinion, “[a]s someone – probably either St. Thomas More or George Costanza – must have said, the law is the law. Notwithstanding the distasteful consequences of applying it in this case, it must be served.”

Also, not far from my thoughts are the injustice of this entire crisis that we are still very much working through.  After Wall Street’s greed filled treasure bath and endless admissions to crimes resulting in the near decimation of our middle class, rather than hold them accountable, we coddled them back to life with trillions of dollars in near zero percent federal reserve loans.  And we did this so they can now repossess houses by the thousands, per week?  These houses are then sold in bulk at steep discounts to hedge funds and other insiders and “investors.”  I struggle to see the fairness or logic in this. Yet, even principal reductions, which may yield more to the banks then the status quo, do not work for so many who cannot afford their homes even if the loan balance was slashed to fair market value.  All I ask for is to just apply the rule of law.

Which leads me to my last point, paradigm shift. Not only are we suddenly facing a new reality of dispossessing so many of their homes with no end in sight, of letting the financial industry escape accountability while moon walking away with golden parachutes and yacht-loads of loot, but there also seems to have been a shift in how we tolerate lies and false statements.  In the Murillo case, opposing counsel in his oral argument and brief made statement after statement which the record and transcript clearly show in black and white to be false.  Their recitations of my objections, my answer to the Complaint, and the witness’ testimony, in multiple respects, were just not accurate.  An extremely accomplished judge with nearly 400 jury trials under her, Tae Kwon Do black belt, should be able to rely on appellee’s brief when reading back passages in Court without me pointing out that what she just read and what was stated more than once in that brief was not true.  The witness never testified that she had daily involvement in a supervisory capacity, that it was customary to prepare and maintain the Notice of Acceleration, that there was a procedure for creating these notices nor that she was familiar with that practice and procedure. Yet all of these false statements were in appellee’s brief, in some instances, multiple times and others with cites to the record that do not support the the appellee’s statements!  In addition, the appellee in their brief misstates the holding of what the 2004 version of Jackson v. State case held!

I am regularly served with documents certified by lawyers as being given to me on a certain day yet I receive it on a different day, irrefutably email time stamped.  I’ve recently seen responses somehow dated before the documents which prompted the response and conveniently also not filed with the court when they were dated.  I’ve stood with gaping jaw, watching countless lawyers appear in court, never having opened the file, totally unprepared, making it up as they go.  Apparently, some think the recipe for turning falsehoods into truths through repetition works in more than just politics.  In a court of law and in communicating with judges and other lawyers, misquoting the record numerous times in an attempt to “win” the case, filing documents with false certifications, back dating, and appearing in court completely unprepared used to be sanctionable conduct.  In my universe, this is the greatest paradigm shift.  I find myself having to fight back from becoming tolerant of these intolerable offenses.  If I got as frustrated as I used to get every time I saw or heard a statement from a lawyer who either knows or seemingly should know that statement was false, I probably would have had to check into Bellevue by now.  So I’ve had to, for my own sanity, learn to emotionally let it go while taking as much action as I can. I can’t solve the world’s problems but I can keep fighting for truth and the rule of law.

I know that it won’t come easy.  Great achievement only comes with great sacrifice, which I’ll continue to do while serving others in the meaningful way that law has provided.  I also know I’m not alone.  There are still plenty of others, in judge’s benches and jury boxes, and in and out of courtrooms doing the same, serving others and standing up for the rule of law.  We all want the same thing, a system that works for all, as best as possible, that we can count on regardless of the money, property, or liberty at stake, and one in which false statements and lack of professional diligence are not tolerated.

As soon as the results are in from Murillo v BAC, I’ll be sure to post!

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If you are in South Florida and are looking for help with debt, foreclosure, student loans, real 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!

We are a debt relief agency.  In addition to other legal services, we help clients file for bankruptcy relief under the Bankruptcy Code.

After a little over a year in litigation, we are proud to announce that we have been successful in helping yet another client obtain a principal reduction. While they are rare, they most certainly can and do happen!

Our client came to us with a simple goal, a fair and sustainable loan modification. The property in this particular case, according to the county property appraiser, is currently valued at approximately $38,000.  Unfortunately, like most of the deeply underwater homes in Florida, the outstanding balance of the loan @ $197,000 was substantially higher than the value of the property.  During the course of litigation in this case, we put the Plaintiff to task to prove their case.  We regularly work 12-14 hour days, 6-7 days per week uncovering foreclosures that are more often than not, chocked full of questionable, suspicious, or outright fabricated documents.

Eventually, in this case, like numerous others, we received a settlement offer and immediately reviewed it for loopholes we commonly see.  When we determined it was legit, we advised our client to come in so he could sign and celebrate a great principal reduction.  As you’ll see below, this one includes a reduction by more than 100% of the principal balance!

From the agreement:

(Click to enlarge)

The gigantic difference between what is owed on a family’s home as compared to the current fair market value remains under-reported in the media.  Millions of citizens remain trapped in unsustainable, inflated home loans for amounts which far exceed the value of the property. For most hard working Floridians receiving salaries which are not a reasonable wage for an honest and hard day’s work, saving and working their way out is just not feasible.

To make matters worse, despite the fact that there are hundreds of foreclosure cases being tried every day just in South Florida alone, we have law makers in Tallahassee, right now, trying very hard to pass a law that allows the government to give banks more power in foreclosure actions against the people.  We have an attorney general that fired the two assistant attorneys general who initiated the first state run investigations into the widespread use of illegally fabricated documents being filed in our courts. We have the Florida Bar which hired a lobbyist to push through a foreclosure bill that disregards our due process rights while making it easier than ever for banks to take away property. (This is the same Florida Bar which to date has not disbarred a single foreclosure mill lawyer despite admissions and substantial evidence of wrong doing.)

So with all of this against you, let this post and the great result it’s touting serve to give you hope. There are options. There can be a way out of your financial troubles but you need to take action!  Call us to find out about our experienced and dedicated legal professionals, what we will do to serve you, and about our background, training and experience in prior similar cases.

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If you are in South Florida and are looking for help with debt, foreclosure, real 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!

We are a debt relief agency.  In addition to other legal services, we help clients file for bankruptcy relief under the Bankruptcy Code.

Senate Bill 1666 (Sponsored by Latvala R-Clearwater)

Reasons to oppose these bills

• Government will make it easier for the banks to take your property!
• Threaten your due process and property rights!
  • US Constitution
    • Fifth Amendment: “No person shall be… deprived of life, liberty, or property, without due process of law.”
    • Fourteenth Amendment:  “No state shall… deprive any person of life, liberty or property, without the due process of law.”
  • Florida Constitution, Article 1
    • Section 2: BASIC RIGHTS of all persons  – “…right to enjoy and defend life and liberty… and to acquire, possess and protect property…”
    • Section 9: DUE PROCESS – “No person shall be deprived of life, liberty or property without due process of law…”

“[D]ue process requires that each litigant be given proper notice and a full and fair opportunity to be heard.” Carmona v. Wal-Mart Stores, 81 So.3d 461(FLA 2^nd DCA 2011).

The bills are next up for committee vote in four state Senate committees and the Florida House Judiciary committee.  The members of those committees are listed below with their contact information.

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Pressed for time?  MAKE ONLY TWO CALLS and send ONLY TWO EMAILS!

Call Representative Baxley (850) 717-5023 at and give your name, county, zip code and leave a message telling the Representative to VOTE NO ON HOUSE BILL 87.

Call Senator Simmons (850) 487-5010 at and give your name, county, zip code and leave a message telling the Senator to VOTE NO ON SENATE BILL 1666.

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EMAILS FOR SENATE BILL 1666 COPY/PASTE

SUBJECT: VOTE NO ON SB 1666 THE UNFAIR FORECLOSURE ACT

Don’t forget to include your name, county and zip code!

thrasher.john.web@flsenate.gov, smith.chris.web@flsenate.gov, benacquisto.lizbeth.web@flsenate.gov, portilla.miguel.web@flsenate.gov, galvano.bill.web@flsenate.gov, gardiner.andy.web@flsenate.gov, latvala.jack.web@flsenate.gov, lee.tom.web@flsenate.gov, margolis.gwen.web@flsenate.gov, montford.bill.web@flsenate.gov, negron.joe.web@flsenate.gov, richter.garrett.web@flsenate.gov, ring.jeremy.web@flsenate.gov, simmons.david.web@flsenate.gov, sobel.eleanor.web@flsenate.gov, clemens.jeff.web@flsenate.gov, detert.nancy.web@flsenate.gov, hays.alan.web@flsenate.gov, bean.aaron.web@flsenate.gov, bradley.rob.web@flsenate.gov, grimsley.denise.web@flsenate.gov, hukill.dorothy.web@flsenate.gov, joyner.arthenia.web@flsenate.gov, soto.darren.web@flsenate.gov

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EMAILS FOR HOUSE BILL 87 COPY/PASTE

SUBJECT: VOTE NO ON HB 87 THE UNFAIR FORECLOSURE ACT

Don’t forget to include your name, county and zip code!

dennis.baxley@myfloridahouse.gov, kathleen.passidomo@myfloridahouse.gov, elaine.schwartz@myfloridahouse.gov, daphne.campbell@myfloridahouse.gov, marti.coley@myfloridahouse.gov, dwight.dudley@myfloridahouse.gov, heather.fitzenhagen@myfloridahouse.gov, clay.ford@myfloridahouse.gov, matt.gaetz@myfloridahouse.gov, bill.hager@myfloridahouse.gov, dave.kerner@myfloridahouse.gov, charles.mcburney@myfloridahouse.gov, kionne.mcghee@myfloridahouse.gov, larry.metz@myfloridahouse.gov, jared.moskowitz@myfloridahouse.gov, ray.pilon@myfloridahouse.gov, ken.roberson@myfloridahouse.gov, ross.spano@myfloridahouse.gov, charlie.stone@myfloridahouse.gov

~

You can also call all the representatives from the lists below…

FLORIDA SENATORS who are members of one or more of the following committees; Rules, Banking, Appropriations, and Judiciary

FLORIDA HOUSE MEMBERS to call

What will change if this bill passes?  The law will affect every single pending foreclosure case in the state because it is retroactive.  The banks only need to submit certain documents and then it is up to the homeowner to prove there are issues of fact.  However, the judge can ignore the owner’s issues and enter a ruling anyway!  The traditional rule of law, where a person who sues another must prove their case by “the greater weight of the evidence” will be dead for foreclosure cases.  Banks can take your home away, quickly and easily…  They can continue to fabricate documents as they have been caught doing countless times, file them in court, and then the homeowner has only 20 days to raise doubt, which again, the judge can ignore!  The homeowner is not allowed to take time to ask for bank records or payment history to help prove bank misconduct or a wrongful foreclosure.  Lastly, if a house is wrongfully foreclosed, in certain circumstances a homeowner cannot sue to get their house back!  Even the Godfather of Florida’s civil procedure (court rules), Henry Trawick, one of the state’s most respected lawyers, has come out in opposition to this bill!

Over the next month, the bills will move through committees in the Florida House and the Florida Senate where our elected representatives will vote on the bills.  If the “YES” votes outnumber the “NO” votes in each committee, then the bills will go to a floor vote in both chambers of the Florida legislature (the Florida House of Representatives and the Florida Senate).  If those “YES” votes outnumber the “NO” votes in both chambers and the Governor signs off, the bill becomes a law.

On February 7, 2013 the bill passed through the Florida House Civil Justice Subcommittee with ten yes votes and only three no votes.  Unless citizens strongly oppose this bill as it progresses through the Florida legislature, it will pass into law.

We need your help!   This week, please take the time to call and email the members of the House Justice Appropriations subcommittee.  When you contact the legislators please provide your name, county, and zip code so they see that citizens across the state stand in opposition to this bill.

Actions to take this week.

1. If you haven’t already down so, please sign the petition here.
2. Click here to vote no on the Orlando Sentinel’s poll asking if lawmakers should speed up the foreclosure process.
3. Email and call the representatives listed below.  Tell them to oppose House Bill 87.  Type “OPPOSE HOUSE BILL 87” in the subject line of your emails.  Be sure to include your name, county, and zip code because the lawmakers’ staff track citizen responses to proposed legislation.  You can use this script written by Henry Trawick, or craft your own:

“The enactment of §702.015 is useless, unnecessary and will not expedite the foreclosure process. It gives inadequate remedies to persons who may be seriously injured. It does not give any consideration to existing law on several points. The real problem faced in the foreclosure crisis has been the unwillingness of trial courts to insist on plaintiffs properly preparing the pleadings under existing law, enforcing existing law on the standing of plaintiffs; the refusal of appellate courts to properly enforce existing law on standing in foreclosures; and the unwillingness of banks to promptly push foreclosures to judgment to avoid paying real property taxes, condominium assessments and maintenance for the foreclosed property.” ~ Henry Trawick, Esq.

Here are the email addresses for a quick copy and paste into an email.

charles.mcburney@myfloridahouse.gov,
kathleen.passisomo@myfloridahouse.gov,
darryl.rouson@myfloridahouse.gov,
manny.diaz@myfloridahouse.gov,
dave.kerner@myfloridahouse.gov,
mike.larosa@myfloridahouse.gov,
debbie.mayfield@myfloridahouse.gov,
larry.metz@myfloridahouse.gov,
jared.moskowitz@myfloridahouse.gov,
ray.pilon@myfloridahouse.gov,
elaine.schwartz@myfloridahouse.gov,
lrving.slosberg@myfloridahouse.gov,
charles.vanzant@myfloridahouse.gov

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If you are in South Florida and are looking for help with debt, foreclosure, real 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!

We are a debt relief agency.  In addition to other legal services, we help clients file for bankruptcy relief under the Bankruptcy Code.

“The enactment of §702.015 is useless, unnecessary and will not expedite the foreclosure process. It gives inadequate remedies to persons who may be seriously injured. It does not give any consideration to existing law on several points. The real problem faced in the foreclosure crisis has been the unwillingness of trial courts to insist on plaintiffs properly preparing the pleadings under existing law, enforcing existing law on the standing of plaintiffs; the refusal of appellate courts to properly enforce existing law on standing in foreclosures; and the unwillingness of banks to promptly push foreclosures to judgment to avoid paying real property taxes, condominium assessments and maintenance for the foreclosed property.”

Copy of the letter below…

If you are in South Florida and are looking for help with debt, foreclosure, real 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!

What will change if this bill passes?  The law will affect every single pending foreclosure case in the state because it is retroactive.  The banks only need to submit certain documents and then it is up to the homeowner to prove there are issues of fact.  However, the judge can ignore the owner’s issues and enter a ruling anyway!  The traditional rule of law, where a person who sues another must prove their case by “the greater weight of the evidence” will be dead for foreclosure cases.  Banks can take your home away, quickly and easily…  They can continue to fabricate documents as they have been caught doing countless times, file them in court, and then the homeowner has only 20 days to raise doubt, which again, the judge can ignore!  The homeowner is not allowed to take time to ask for bank records or payment history to help prove bank misconduct or a wrongful foreclosure.  Lastly, if a house is wrongfully foreclosed, in certain circumstances a homeowner cannot sue to get their house back!

Over the next month, the bills will move through committees in the Florida House and the Florida Senate where our elected representatives will vote on the bills.  If the “YES” votes outnumber the “NO” votes in each committee, then the bills will go to a floor vote in both chambers of the Florida legislature (the Florida House of Representatives and the Florida Senate).  If those “YES” votes outnumber the “NO” votes in both chambers and the Governor signs off, the bill becomes a law.

We need your help!  We’ll be making new blog posts and sending out regular email updates and Action Alerts to our clients and will also be posting them on this blog.  Please take action by following the instructions to call and email your elected representatives to urge them to OPPOSE this bill!  Encourage your friends and family to also take action.  The only hope of defeating this bill and preventing it from becoming Florida law is to raise mass citizen opposition.

For an idea of what we are up against, on Thursday, February 7, 2013, House Bill 87 was up for its first committee vote.  The results (here) were ten YES votes to only three NO votes.  Ten to three.  See where this is going?

Before a subcommittee votes, they hold a hearing where citizens and lobbyists can speak for or against the proposed legislation.  You can watch a video link of the February 7, 2013 committee hearing here, start at 16:15 to watch Representative Kathleen Passidomo discuss her “foreclosure reform” bill followed by speakers deliver comments in response and then finally the committee members vote overwhelmingly to pass the bill to move it on to the next committee vote.  Keep in mind, every year, this bill has included some requirements that are citizen friendly.  As the bill moves through different committees, those parts are weakened or completely removed after powerful and connected bank lobbyists demand changes.  Don’t be fooled!

TODAY’S ACTION ALERT:  Look up your Florida representative here.  Call them NOW and leave a short message to OPPOSE House Bill 87.  If you get a voice mail, leave a message with your name, county, zip code and instructions to OPPOSE HOUSE BILL 87.  Also, please log in to sign this petition.

We know the bill is headed to the House Justice Appropriations Subcommittee next.  Stay tuned for the action alert to call and email the members of that committee next.

If you are in South Florida and are looking for help with debt, foreclosure, real 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!

We are a debt relief agency.  In addition to other legal services, we help clients file for bankruptcy relief under the Bankruptcy Code.

After finalizing the settlement, the DOJ conducted a statistical analysis of millions of Countrywide loans.  The DOJ compiled a list of eligible African-American and Hispanic borrowers who obtained a Countrywide loan which contained higher costs and less favorable rates than loans extended to similarly-qualified non-Hispanic white borrowers during the time frame from 2004 through 2008.  Either a borrower is on this list or not.  There is no dispute process.  Settlement notification letters were mailed in November 2012.  The quickly approaching deadline to return a settlement claim is Thursday, February 28, 2013. 

Despite having numerous African-American and Hispanic clients that should be eligible to participate in this settlement, only one client from our firm received a settlement notification and that client is a non-Hispanic, white person.  This leads us to believe there are massive flaws in the DOJ’s identification and notification process.
If you obtained a Countrywide loan between 2004 through 2008, please call Rust Consulting (1-800-843-5148) which is the consulting firm administering the settlement.  A customer representative will ask a list of identifying questions in order to check your eligibility against their database.   Before settlement funds are disbursed, recipients may be asked to sign a waiver.  It is important to have an attorney review the waiver before you sign it in order to assure that you are fully informed and protected.

It appears Countrywide’s racist practices were not limited to this one mortgage lender’s isolated practices.  There are similar Department of Justice settlements with discriminatory (racist) other lenders; Suntrust (suntrust.settlement@usdoj.gov ),  Wells Fargo (here) and GFI Mortgage Bankers, Inc (800-896-7743 x 9992).

If you are in South Florida and are looking for help with debt, foreclosure, real 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!

While providing the best possible legal service to our clients is and always will be our top priority, we can’t help but also be motivated to see justice serviced for an out of control financial services industry which has made the government and so many others believe they are both too big to fail and too big to jail.  This is despite the fact that all the major players continue to commit a growing list of heinous crimes, like we saw recently from HSBC’s money laundering (and don’t forget Wells Fargo and JP Morgan), racist practices by Countrywide/BoA and Wells Fargo and GFI, Ocwen fraud, and top five banks’ foreclosure fraud, and UBS interest rate rigging, and massive schemes involving forgery and land ownership document forgery and fraud.  It is this combined passion that keeps us working long hours, nights, and weekends to serve you in foreclosure defense, debt defense, bankruptcy, real estate and soon, student loan defense.

We are dedicated to all of our clients, to keeping them informed, and most of all, to providing them with the best possible legal representation! While there are still so many challenges ahead and causes worthy of our fight to see justice served, we would like to take this time to reflect and express our most sincere gratitude, especially to our clients who put their trust and confidence in us and also to extend our most heartfelt wishes for a peaceful and healthy holiday season and very happy New Year.

From Evan M. Rosen and all of us at the Law Offices of Evan M. Rosen, P.A.