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Category: Foreclosure Defense

      Strong words, so we’re gonna let the facts speak for themselves:   There is supposed to be only one Note…  At trial, the bank’s lawyer argued that standing at inception was established solely by comparing the indorsement on the “copy” of the Note filed with the initial Complaint with the indorsement on the Original… Read More

Foreclosure Defense

Just before trial starts, the Judge asks to see the file. She wants to review the Complaint and Answer. She takes a few minutes and then trial starts. Both sides waive opening statement – this is fairly common in foreclosure cases. After some brief preliminary questions, the Plaintiff seeks to move in the original note,… Read More

Foreclosure Defense

Plaintiff starts off wanting leave to amend to add a lost note count at the beginning of trial. Despite pleading that the Plaintiff is the owner and holder of the note in a “verified” complaint, they now know the note was lost all along. First, opposing counsel attempts to place blame on the clerk of… Read More

Foreclosure Defense

Despite this being a case we would have won on the merits, it ended up being another, come-from-behind win, based on evidentiary issues.  Despite the Judge initially overruling my numerous objections to evidence coming in through testimony of a non-qualified bank robo-witness, eventually, during my Motion for Involuntary Dismissal, the Judge announced she was reversing… Read More

Foreclosure Defense

Working long hours, nights and weekends throughout the year to serve as many clients as best as we possibly can, can take its toll – even with our seemingly endless energy, fueled by a bottomless well of passion for serving our clients while fighting the financial industry. We LOVE what we do but to best serve our… Read More

Foreclosure Defense

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,… Read More

Foreclosure Defense

The entire reasoning behind the Florida Supreme court taking unprecedented, historic action to amend rule 1.100(b) back in 2010 was because of the financial industry’s well documented illegal behavior. It was enacted around the time that the “robo signing” scandal had broken wide open. We now know that “robo-signing” is used to describe the process… Read More

Foreclosure Defense

An excerpt from one of our latest trial wins: MR. ROSEN:  Judge, at this time, we would like to make a motion pursuant to 1.420, Rules of Civil Procedure.  A motion for involuntary dismissal is the appropriate mechanism at the close of a plaintiff’s case in a nonjury trial. A motion for involuntary dismissal tests… Read More

Foreclosure Defense

Being a trial lawyer, like everything else in life, has a spiritual side. The way in which my path crossed with certain staff members’, learning a key lesson from one noncritical situation, that we can then effortlessly apply to a nearly instantaneously, subsequent critical situation, are just two examples of what I consider the spiritual… Read More

Foreclosure Defense

I know it; I teach it; but it’s still always so awesome to see the power of simply telling the truth.  Sometimes when I speak or think a profoundly true thought, I get a shiver up my spine. Recently, I had this experience in a trial.   There were a few legal issues on which… Read More

Foreclosure Defense
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