Friday, October 29, 2010

Firm wins Two Foreclosure Cases in 24 Hours

Thanks to the efforts of the Miami and Melbourne offices of Shuster & Saben, two of our clients no longer have foreclosure lawsuits pending against their homes. On Thursday, October 28, 2010, Thomas Willis of the firm’s Miami and Doral offices was in at the Miami-Dade Courthouse for a status conference and docket sounding in a foreclosure case that the firm has defended for nearly two years. The status conference hearing was set on the Court’s own motion and attendance was mandatory for the attorneys for both sides. The bank was represented by a large “foreclose mill” whose lawyer failed to appear. The Court then granted our firm’s oral motion to dismiss the case for the bank's lawyer's failure to attend the Court ordered hearing.

On Friday, October 29, 2010, Richard Shuster of the firm's Melbourne office was in court in Brevard County on a motion to dismiss filed on behalf of the firm’s Cocoa, Florida client. The client came to the firm when his case was approximately a year old. Firm attorney, Richard Shuster, noticed that there had been no activity in the case for over ten months. The firm accepted the case and waited an additional six weeks until there had been a year and a day since the last record activity. Once the bank’s law firm, went over a year without any record activity, Shuster & Saben moved to dismiss the case for lack of prosecution. After our motion was filed the bank discharged their counsel and hired new attorneys. The new attorneys argued that the file should not be dismissed because the case was in a “loss mitigation hold.” The Court rejected these arguments and dismissed the case.

In both of the above cases the firm will now seek attorney’s fees against the bank. If the firm, on behalf of our clients, recovers attorney’s fees from the banks most of the fees recovered will go to our clients to reimburse their legal expenses.

About Shuster & Saben: Shuster & Saben, LLC is a litigation firm that defends foreclosure cases from the firm's four offices located in Miami, Doral, Plantation / Fort Lauderdale, and Melbourne. We believe that going to Court in person (instead of by phone) makes a difference. This is why we have multiple offices and do not take cases in Tampa, Jacksonville, the Panhandle,and other places that are to far to reach from one of our offices. If we can't help you we won't take your case. If you live in an area where we do not practice we can tell you who in your area fights foreclosure cases with skill and passion.

Thursday, October 21, 2010

Shuster & Saben, LLC settles Wells Fargo Foreclosure Case with 3.125% Loan Modification

Before hiring Shuster & Saben to defend a foreclosure law suit filed against their Brevard County home our Rockeledge, Florida client all but begged Wells Fargo to modify their mortgage. The client completed a HAMP RMA (request for modification) sent Wells Fargo their bank statements and pay stubs and did everything asked of them by Wells Fargo. Ultimately Wells Fargo refused to permanently modify the client's mortgage despite the fact that the client's income qualified under HAMP guidelines. The client ultimately stopped paying their mortgage and continued to submit additional applications for loan modification. While their third application was pending the client received a notice of acceleration and ultimately a foreclosure action was filed against them. After receiving a free, no obligation consultation at the firm’s Melbourne foreclosure defense office, the client hired Shuster & Saben to defend the foreclosure action. After being hired the firm sprung into action by filing a motion to dismiss the lawsuit based on the Wells Fargo’s failure to verify the complaint and began an investigation of whether Wells Fargo violated HAMP serving guidelines by failing to modify the loan and by filing suit while a HAMP application was pending. At the first Court skirmish with Wells Fargo’s counsel, firm partner Richard Shuster, won a motion to dismiss and obtained a court order dismissing the foreclosure complaint (with leave for Wells Fargo to file an amended complaint within 20 days). ( Click here to read the Court Order ) Thereafter, Wells Fargo filed an amended complaint that was verified as required the recent amendments to Florida Rule of Civil Procedure Rule 1.110(b) which requires foreclosure complaints to be verified.

Shortly thereafter, Wells Fargo, extended a settlement offer wherein our client’s interest rate would be reduced form 6.875% to 3.125%. This modification would lower the client’s monthly mortgage payment from $1,910.47 (principal & interest without escrows) to $1,280.43 (principal & interest without escrows). With the modification our client will be able to keep and afford their home. During the next five years alone our client will save over $37,800 on their mortgage. Our clients case was resolved in under six months and as such their legal expense was a very small fraction of the amount they will save on their mortgage.

To review a copy of the loan modification agreement please click to the link below.

Loan Modification Agreement

About Shuster & Saben: Shuster & Saben is a law firm that understands the difference between Foreclosure Delay and Foreclosure Defense. We listen to our clients to understand their financial circumstances and tailor or defense strategies to achieve the clients goals. For clients that do not know what to do, we evaluate whether in makes financial sense to save their home and craft exit strategies for clients where loan modification is not a viable option. Where the lender bringing the lawsuit does not own the note or have legal standing to foreclosure we seeks the dismissal of the action against our client. We believe that banks are most likely to make offer generous settlements when they are met with a vigorous and through defense. Shuster & Saben is a firm of six lawyers with offices in Miami, Doral, Plantation / Fort Lauderdale, and Melbourne, Florida.