The deposition of Lona Hunt took place on October 17, 2014, during which time Ms. Hunt was questioned about her knowledge of the truth and accuracy of the facts in the foreclosure complaint, which she allegedly verified. During the deposition, Ms. Hunt admitted twice that she did not read the complaint, even though she swore, in the complaint, under penalty of perjury, that she had. Further, with her limited knowledge, it was impossible for her to truthfully and accurately verify all the facts alleged in the complaint. Our blog post on this with more detail is here.
After the deposition, we quickly prepared, filed and set down for hearing a Motion to Strike Verification of the Complaint as a Sham. The hearing was set for next week and we were looking forward to seeing the look on the judge’s face when she heard about the blatant perjury in this case. However, late yesterday, the Plaintiff filed and served the below Notice of Voluntary Dismissal. This means, CASE DISMISSED!
While we would have preferred to see some more drastic impact from this deposition, causing ripples of concern among the servicing industry, leading them to change their perjerous practices, we know that is wishful, if not delusional, thinking. Some members of our team have devoted years of their lives to seeing change enacted and were instrumental in exposing robo-signing and other illegal activities since the very beginning of the crisis. Based on those experiences, we’ve known for years that changing the banking industry’s practices, which have been whitewashed and enabled by the powers that be, would be extremely unlikely. Change may come at some point but it’s apparently not coming from exposing the endless criminal activities of the banking class. What we can do, however, is win cases and best serve our clients, one case, deposition, argument, motion, hearing and trial at a time! We can also see to it that the bank refunds our clients all their attorney’s fees paid to us when we do win, like we have in this case.
Telling a client we won and will now work on getting their attorney’s fees back is always a wonderful experience. Today’s call to express that information was just a bit sweeter. Tomorrow is Thanksgiving and our client will be in her home, without the threat of foreclosure, for the holidays and beyond!
Wishing all our clients, fellow activists and hard-working, advocates for justice, a very Happy Thanksgiving!
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!
Notice of Voluntary Dismissal and Discharge of Lis Pendens