Saturday, June 5, 2010

Firm stops summary judgment in Orlando Foreclosure Case

Orange County Court

Shuster & Saben partner, Richard Shuster, traveled from the firm’s Melbourne office to the Orange County court house earlier this week to defeat a lender’s effort to obtain summary judgment in a foreclosure case filed against our Orlando client’s condominium. The Court never reached the substantive issues (the merits of the case) because lender’s attorney made procedural errors. The lender lacked affidavits to verify documents they wished to use prove their case. When the lender wished to file the original note at the hearing our objections were sustained by the Court.

The Court followed the controlling case law that requires such documents to be filed twenty-one days before the hearing. Once our objections were sustained the Court stopped the hearing. We believe that it is unfair to file the original note at the summary judgment hearing because it deprives our client of a chance to come to the court house at his leisure and review the court file to see if the document filed really is the original note.

At a future hearing if and when the lender’s attorney corrects their procedural errors we will have an opportunity to defend on the substantive law and merits of the case. In this case our goal is to obtain a dismissal because we believe the Plaintiff financial institution that sued our client lacks standing.

Shuster & Saben is a law firm that defends foreclosures from Miami to Melbourne on the east coast, in Collier and Lee County on the west coast and in Orange and Seminole Counties. If you have a question about summary judgments in foreclosure cases we can be reached at 877-511-STAY or E-mail

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