COVID-19 UPDATE: The Law Offices of Evan M. Rosen remains open to help clients buy, sell, and refinance real estate, defend against foreclosure, obtain a fresh start in bankruptcy, and fight improper debt collection. We are working remotely and can be reached by phone, e-mail, chat, contact form, and video conference. Click here for the latest updates on how COVID-19 is impacting the law.

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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:

Join us tomorrow, November 13th from noon to 1:00 P.M., for Part I of a webinar series that breaks down the formula every successful person uses. The process is not complicated but there is a lot to cover. This Part I addresses a number of foundational issues that are a must.

For over two decades, I’ve served clients struggling with health, financial, legal, and family issues. Some of my clients have gone on to do very well, some seem to stay stuck, and most are somewhere in the middle. Successful people have a distinct approach to life, work, and problem-solving. And unsuccessful people have a unique approach too, only it holds them back.

As someone who has been fascinated by these distinctions and who believes everyone has the potential for success, I’ve read tons of self-help books and have attended well-known self-improvement workshops. I’ve also interviewed many extremely successful people to find out what makes them tick. And I’ve taken and kept notes from all of it.

Join us, this Friday, November 13th from noon to 1:00 P.M. for Part I of a webinar series that breaks down the formula every successful person uses. The process is not complicated but there is a lot to cover. This Part I addresses a number of foundational issues that are a must.

For over two decades, I’ve served clients struggling with health, financial, legal, and family issues. Some of my clients have gone on to do very well, some seem to stay stuck, and most are somewhere in the middle. Successful people have a distinct approach to life, work, and problem-solving. And unsuccessful people have a unique approach too, only it holds them back.

As someone who has been fascinated by these distinctions and who believes everyone has the potential for success, I’ve read tons of self-help books and have attended well-known self-improvement workshops. I’ve also interviewed many extremely successful people to find out what makes them tick. And I’ve taken and kept notes from all of it.

All successful people have a formula. Whether it’s making hamburgers or rocket ships, the factors that determine success are the same. Ray Kroc of McDonald’s followed the same basic approach to success that Elon Musk is now using to launch rocket ships into space.

For over two decades, I’ve served clients struggling with health, financial, legal, and family issues. Some of my clients have gone on to do very well, some seem to stay stuck, and most are somewhere in the middle. I’ve noticed there are thought and behavior patterns among them. Successful people have a distinct approach to life, work, and problem-solving. And unsuccessful people have a unique approach too, only it holds them back. I’ve been conscious of this for years and have taken notes on it. I’ve also interviewed many extremely successful people to find out what makes them tick. And since I was a teenager, I’ve read tons of self-help books and have attended well-known self-improvement workshops. I’ve taken and kept notes on that too.

About a year ago, I started compiling all my notes and workbooks from these experiences–organizing everything in a way that is easy to follow. And the result is “Ignite Your Mission to Success,” a seminar and workshop that covers every step of the formula for success. It includes worksheets and exercises to help guide you through everything. But instead of spending thousands of dollars and several long days together (like almost all other self-help seminars/workshops), we will cover the material over the course of ten one-hour, reasonably priced Zoom-based webinars. The registration and fee covers one webinar. New invitations will be sent each week. And while it’s best to attend all of the webinars as the content flows from one to the next, you can attend any of them and benefit from it.

Our client is a hospice nurse who was injured on the job. A patient stomped her foot, tearing the LisFranc ligament. She’s had three surgeries, all of which were paid through Florida’s Workers’ Compensation Law. The workers’ compensation insurance carrier ordered pre-operative blood work through Quest Diagnostics. But Quest sent the bills (referencing the insurance company) to our client and then sent her to collections. We sued for improper debt collection, obtained a final judgment, and then Quest appealed.

Quest is a Fortune 500 and S&P 500 company that grossed over $7.7 billion in 2019. Rather than do the right thing and resolve this, they never responded to our early settlement proposals and appealed the judgment. G-d willing, justice will prevail.

Our latest brief is here.

 

 

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 his most recent July 29th Order.

As covered in our blog, the first Order only suspended and tolled statutes “providing for mortgage foreclosure [and eviction] cause[s] of action.” In the most recent July 29th Order, Governor DeSantis suspended and tolled any statutes “providing for final action at the conclusion of a mortgage foreclosure [or eviction] proceeding under Florida law solely when the proceeding arises from non-payment of mortgage by a single-family mortgagor [or non-payment of rent by a residential tenant] adversely affected by the COVID-19 emergency.” (Emphasis added.) The Order defines “adversely affected by the COVID-19 emergency” as “loss of employment, diminished wages or business income, or other monetary loss realized during the Florida State of Emergency directly impacting the ability of a [single-family mortgagor or residential tenant] to make [mortgage or rent] payments.” The Order only lasts through 12:01 A.M. on September 1st.

Unlike before, new residential foreclosure and eviction suits can now be filed. Pending cases can proceed. But “final action[s]” cannot be taken for people “adversely affected” by COVID-19. The final action in foreclosures and evictions are, at worst, when a writ of possession is issued. That is after a judgment is entered and, for foreclosure, after a sale is completed. So arguably under this new Order, cases can proceed to judgment, but sheriffs cannot remove people from their homes who are “adversely affected by [] COVID-19” until September 1st.

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 the push to allow witnesses to be sworn in, and testify, remotely. There is also an effort to allow witnesses to sign declarations, bypassing testimony altogether. (I provide links to these orders below.) Allowing evidentiary hearings with witnesses appearing remotely is a profound change from standard face-to-face witness examination. Examining witnesses in person allows a lawyer to observe non-verbal cues and utilize changes in space to enhance the effectiveness of the exam. Numerous trial workshops and books address this. Think of the famous scene from A Few Good Men (see the end of this video followed by this one) where Lieutenant Daniel Kaffee uses spacial distancing, and more, to crush Colonel Nathan Jessep on cross examination. Online witness examinations will destroy the ability to utilize certain techniques. But as I was taught, great lawyers find new ways to innovate and serve their clients. I suspect advances in technology will create opportunities for new techniques to emerge as well. For example, technology has allowed us to conduct background checks during jury selection. Over the years, I’ve done many depositions remotely and have already developed several techniques suited for this format. I’ll continue to brainstorm and roll play as the transition to online trials and depositions advances.

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 legal expertise, communication skills, and ethical standards by their peers.”

For more information, go to:

https://www.martindale.com/ratings-and-reviews/

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 to substitute, which is effectively the same thing as our motion to amend, should also be denied. Judge ruled. P’s Motion – GRANTED.

On voir dire, the witness from Seterus testified that he just saw the original note today for the first time and learned of the file a few weeks ago in prep for trial.  Same facts as Kelsey vs SunTrust Mortgage, Inc. I argued authenticity of the note.  Also, the note the Plaintiff had in Court was different than note attached to complaint!  I argued several cases that say the Plaintiff is bound by its pleadings.  The pleadings frame the case and are considered judicial admissions. Objections overruled – Note in evidence.

Mortgage – No evidence it was ever recorded (no stamps from the clerk’s office) and it was not even certified!  I argued that it was not self authenticating and based on Yang v. Sebasian Lakes Condominium AssocGlarum v Lasalle Bank National Association and my voir dire of the Seterus representative, who confirmed he knew nothing about a Suntrust mortgage, the mortgage is also hearsay.  Objections overruled – Mortgage in evidence.

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