At a recent foreclosure trial, during the voir dire of a bank witness, I asked three very calculating, simple, but also very specific questions to demonstrate that a witness could not know a key piece of information necessary for the Plaintiff to win its case. After my three questions, I moved for the judge to issue a finding of fact, which she did. The Plaintiff’s lawyer then literally stomped her feet and said “but judge I can’t win based on your ruling.” To which the judge replied, “I can’t tell you how to practice law.” The Plaintiff’s witness gave a throat slash signal and then their lawyer announced to the court they were taking a voluntary dismissal. As per Florida Rule of Civil Procedure 1.420, it’s a plaintiff’s right to voluntarily dismiss their case up until a certain point in the proceedings and I certainly wasn’t going to try to stop them. Out of all the wins at trial we have had, this was by far my most memorable one.
Unfortunately, for now, I can’t publicly disclose what those three questions were because I would very much like to continue to return to this “well.” Thanks to the magic of technology, I know my posts are visited by at least one computer at every major foreclosure plaintiff’s law firm and if given some time to think about this, most good bank lawyers know there is an easy way for them to get around this three question trap.
However, I do share the specifics of this, as well as all my successful trial strategies at the Foreclosure Defense Trial Workshop. Seats are filling up fast and, for a few reasons, this could be the last one.
If you are an attorney looking to improve your comfort level and trial skills in order to better serve and represent clients in defense of foreclosure, our workshop will help you. If you have any questions, feel free to contact us at 754-400-5150 or firstname.lastname@example.org. To learn more and to register click here: Foreclosure Trial Workshop October 19th – 20th
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!