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On April 2nd, Governor DeSantis entered an Order that started Florida’s foreclosure and eviction “moratorium.”  The Governor extended that three times (on May 14th to June 2nd, on June 1st to July 1st, and on June 30th to August 1st). But rather than simply extend it a fourth time, the Governor made significant changes in…

Last updated on April 5, 2020. COVID-19 is rapidly changing our court system and the rule of law.  Almost every day courts are issuing new administrative orders. I will continue posting as new developments unfold. As it stands, all state and federal courts are processing cases but there are several limitations. The most significant development is…

In addition to being rated a “Legal Elite” by Florida Trend Magazine and a “Super Lawyer” by Thomson Reuters, Evan has been designated “AV Preeminent” by Martindale-Hubble. According to Martindale.com, this is “[t]he highest peer rating standard.” It is only “given to attorneys who are ranked at the highest level of professional excellence for their…

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 many others…

We won another trial recently.  Both the Plaintiff and the original lender were Suntrust.  For some reason, the Plaintiff moved to substitute to Fannie at the outset of trial.  I argued prejudice and fairness – considering our motion for leave to amend our answer and affirmative defenses was just denied 5 weeks ago, Plaintiff’s motion…

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…

HB 87: Henry Trawick, the Godfather of Civil Procedure and the Rule of Law Speaks… “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…

Finally!  Regulators, Law Enforcers, and Politicians Ring Alarm Bells over Document Fraud.  Question Proposed Remedies. Suspicious signatures. False addresses. Unauthorized signers. Omissions of authentic signer identification. Rights of the public violated. Replacement documents when no originals had been executed. Predictions of onslaught of lawsuits. Florida Department of Law Enforcement investigating. Lawyers for Obama and Romney…

Must read highlights of this incredibly well written piece below: “Everyone knows that he is fantastically rich, having scored great success, the legend goes, as a “turnaround specialist,” a shrewd financial operator who revived moribund companies as a high-priced consultant for a storied Wall Street private equity firm. But what most voters don’t know is…

Let’s recap a few of the summer’s bank-related headlines.  We’ve heard about top financial industries laundering money in order to arm America’s adversaries, employing racist lending practices  (see growing list of DOJ settlements with BoA, Wells, and GFI), colluding to fix a key interest rate (LIBOR), and mistreatment of financial fraud whistle blowers by government agencies (here and here).…