Friday, July 16, 2010

Shuster & Saben Obtains Wavier of Deficiency for Orlando Real Estate Investors

Shuster & Saben has successfully saved resolved an Orange County foreclosure case filed against our Orlando clients. In the case our clients owed more than $100,000 more than their investment condominium was worth. Both of our clients signed the note, were professionally employed, and faced the real possibility of the lender obtaining a deficiency judgment and seeking to garnish the husband or wife’s wages. If our firm had not successfully resolved the case our clients faced the real possibility of having to file bankruptcy.

The first time the case was set for summary judgment at the Orange County courthouse firm attorney Richard Shsuter, traveled from our Melbourne office and successfully thwarted the lender’s attempt to obtain summary judgment. On the day before the deposition of the bank’s representative a settlement was reached wherein the lender agreed to waive all claims for deficiency judgment. A copy of the stipulation to waive the deficiency can be viewed by viewed by clicking the link below. A deficiency judgment is a judgment for the difference between the amount owned on the mortgage note and the amount the lender obtains for the property.

To view a copy of the stipulation for wavier of deficiency please click the link below:

Stipulation for Waiver of Deficiency

Shuster & Saben offers a comprehensive approach to foreclosure defense that integrates asset protection guidance with aggressive foreclosure defense by experienced litigation attorneys. Where appropriate we refer our clients to other professionals such as C.P.A.s to mitigate tax consequences of shorts sales and deed in lieu of foreclosure transactions. For high net worth individuals we also work with financial planners and to place client funds into assets that are protected from the claims of potential creditors. From the firm’s four offices in Miami, Doral, Plantation and Melbourne we defend homeowners in foreclosure in Dade, Broward, Palm Beach, Collier, Lee, Martin, St, Lucie, Indian River, Brevard and Orange Counties. For more information about our firm please visit us at

Saturday, July 3, 2010

Deposition Transcript taken by firm attorney goes “Viral” on the internet.

A deposition of taken by firm attorney Richard Shuster in a mortgage foreclosure case has gone viral on the internet. A redacted copy of the transcript (with out clients personal information and case number removed) of the deposition of Krystal Hall was provided by Shuster to fellow members of NACA (National Association of Consumer Advocates) who defend foreclosure cases. One member of NACA sent the transcript of the Wall Street Journal who spoke to Mr. Shuster about the case. Another member posted the transcript on and it has since been reposted on five other websites. The transcript has now been viewed over one thousand times.

Both legal aid and private foreclosure defense lawyers have utilized the transcript to defend foreclosure cases in Ohio, Michigan, Texas, California, and other states.

The deposition was taken in a case where Krystal Hall signed an assignment of Mortgage from First Franklin (the original lender) to Bank of America, N.A as trustee for a securitized trust. Above Kystal Hall's name on the assignment was the words “First Franklin a Division of Nat. City Bank” and below her signature were the words "By Krystal Hall Asst Secretary for Assignments." In the deposition, Ms. Hall testified that she NEVER worked for First Franklin or any other bank. Her employer was Security Connections a company the processes paperwork for mortgage lenders. Hall testified that she regularly signed 400 assignments of mortgage a day which equates to one assignment ever one minute and twelve seconds. Before executing the assignments she does not fact check to independently confirm the information in the assignment is accurate or true. Hall asserted that even though she is not employed by First Franklin her conduct was authorized by an alleged corporate resolution authorizing over twenty Security Connections employees to sign on First Franklin’s behalf.

Our firm believes that the representation on the assignment that Krystal Hall was an officer of First Franklin was misleading at best and was at worst a fraud on the Court. The firm’s goal is obtain dismissal of this case and others where Ms. Hall signed documents on First Franklin’s behalf. A copy of the deposition of Krystal Hall can be found at the following websites:
http:// /doc/29177122/Full-Deposition-of-Krystal-Hall-Security-Connections-Inc-400-Assignments-of-Mortgage-a-Day–-security-connections-inc-400-assignments-a-day

Or our blog readers can download it directly by clicking this link to the transcript.

Shuster & Saben is a law firm that aggressively defends foreclosure cases by taking depositions like the one of Krystal Hall and compelling production of appropriate documents. We practice foreclosure defense NOT foreclosure delay. Our goal is to obtain the dismissal of foreclosure lawsuit filed against our client, protect our clients assets and where possible and financially prudent reach settlements to save our clients homes. We defend foreclosures in Miami, Fort Lauderdale, West Palm Beach, Naples, Ft. Myers, West Palm Beach, Stuart, Port St. Luice, Fort Pierce, Vero, and Melbourne and Orlando. Homeowners seeking a foreclosure defense by experienced litigators can call (321) 622-5040 or 877-511-STAY or visit us online at