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Articles Posted in Real Estate

Check out the recently released February 2021 Miami-Dade, Broward, and Palm Beach Real Estate Reports. Due to listing data being uploaded sometimes weeks after a transaction closes, these reports are often a month behind. The delay is required to make sure the reports are as accurate as possible.

Knowledge is power and here is the latest:

February 2021 Miami-Dade-County Single Family Homes Summary

Check out the recently released January 2021 Miami-Dade, Broward, and Palm Beach Real Estate Reports. Due to listing data being uploaded sometimes weeks after a transaction closes, these reports are often a month behind. The delay is required to make sure the reports are as accurate as possible.

Knowledge is power and here is the latest:

January 2021 Miami-Dade County Townhouses and Condos

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!

Check out the recently released December 2020 Miami-Dade, Broward, and Palm Beach Real Estate Reports. Due to listing data being uploaded sometimes weeks after a transaction closes, these reports are often a month behind. The delay is required to make sure the reports are as accurate as possible.

In summary, we continue to see increases in sales activity and prices across the board in South Florida. And inventory (supply) continues to drop.

Knowledge is power and here is the latest:

After returning from court on January 21, 2021, Evan recorded this video:

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!

Check out the recently released November 2020 Miami-Dade, Broward, and Palm Beach Real Estate Reports. Due to listing data being uploaded sometimes weeks after a transaction closes, these reports are often a month behind. The delay is required to make sure the reports are as accurate as possible.

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:

Check out the newly released Third Quarter 2020 Miami-Dade, Broward, and Palm Beach Real Estate Report here: 2020-Q3-South Florida Market Report

We help people defend against foreclosure, fight improper debt collection, obtain a fresh start in bankruptcy, and buy, sell, and refinance real estate. Let Law Offices of Evan M. Rosen, P.A. serve you!

 

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, I ran background checks on the bank’s witness.  I reviewed all the mortgage servicing processes from this particular bank as covered in various other court documents we have on file.  I felt prepared. I was ready.

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 4th.

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 from the excitement wears off, I can begin to get a clearer picture of how I feel about this one.

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.

A 101% Principle Reduction!

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.

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