Best Foreclosure Defense Attorney

Even Though She Paid, The Bank Still Tried to Take Our Client’s Home!

July 9, 2019 | by The Law Offices of Evan M. Rosen, P.A.

As detailed below, there were never any issues with this loan until a new servicer took over. At no point in time was this client unable to pay her mortgage payments. But for the bank and its debt collector/servicer, this case should never have been filed.

Our client has lived in her condominium for over 20 years. She’s had a full-time job with the same company for over 23 years, making approximately $63,000 per year. Her mortgage payment is $662.56 per month. Underwriting standards dictate that housing debt is generally affordable so long as it does not exceed 28% of a person’s income. Our client’s housing debt is 10% of her income. For many years, until the incidents leading up to this case, our client’s mortgage payments were auto debited from her checking account without issue. She had no issue affording this loan, ever.

And, she has always paid her taxes and her association dues, which includes insurance. There were no escrows.

Outstanding Compliments From the Honorable Judge Rodolfo Ruiz

November 2, 2018 | by The Law Offices of Evan M. Rosen, P.A.

Read the outstanding compliments the Honorable Judge Rodolfo Ruiz recently gave Mr. Rosen. Transcript of Hearing Excerpt

Another Trial, Another Win!

October 30, 2018 | by The Law Offices of Evan M. Rosen, P.A.

After years of litigation and a hard-fought trial, the team worked tirelessly to prepare this memorandum: 2018-10-15 Reply to P’s Amended Memo of Law on Standing

Ten days later the Judge ruled – Case Dismissed! 2018-10-25 Signed Order on D’s Mtn for Involuntary Dismissal

Another trial, another win!

Law Offices of Evan M. Rosen Wins Foreclosure Trial Based on Fraud on the Court

August 17, 2015 | by The Law Offices of Evan M. Rosen, P.A.

A few years ago, great lawyers who are pioneers in our field, tried to blaze a trail alleging fraud in a foreclosure case. The case went all the way up to the Supreme Court of Florida. Despite finding that “many, many mortgage foreclosures appeared to be tainted with suspect documents,” the Court ultimately held that since the bank didn’t get away with it, it’s not fraud. Pino v. Bank of New York, 121 So. 3d 23 (Fla. 2013). The Florida Supreme Court would not even commit to stating that sanctions would be warranted for the bank’s attempted use of fabricated evidence. Id.

Before the case reached the highest court in our state, Justice Polen relayed the words of Justice Farmer, writing that:

Decision-making in our courts depends on genuine, reliable evidence. The system cannot tolerate even an attempted use of fraudulent documents and false evidence in our courts. The judicial branch long ago recognized its responsibility to deal with, and punish, the attempted use of false and fraudulent evidence. When such an attempt has been colorably raised by a party, courts must be most vigilant to address the issue and pursue it to a resolution.