Thursday, March 31, 2011

Lee County Homeowner Chooses Shuster & Saben to Defend Three Million Dollar Foreclosure Case

The owner of oceanfront mansion in Lee County has selected Shuster & Saben, LLC to defend the foreclosure action filed against his family’s home. The property owner evaluated foreclosure defense lawyers both locally and across the state before choosing firm attorney Richard Shuster to implement a comprehensive asset protection and foreclosure defense plan. The owner’s search for the right attorney began with reviewing the websites of several law firms. Once he narrowed his focus to a few lawyers he found those attorneys’ bar numbers at the Florida Bar’s website, He then looked up the cases handled by each lawyer in Lee County with the Lee County Clerk of Court though a search of the lawyers’ bar number. The homeowner then reviewed the results obtained in the cases and the pleadings filed by each lawyer.

Two things that impressed the homeowner were that the requests for admissions, interrogatories (written questions) and request for production filed by Shuster varied form case to case and were clearly custom prepared based on the facts of the case rather than cookie-cutter form pleadings. The homeowner was also impressed by the fact that he could not find a single file where a Lee county client had lost their home to foreclosure sale. After performing extensive research online, reviewing files through the Lee County clerk, and interviewing Shuster by phone the homeowner made a will researched decision to hire the firm.

Shuster & Saben appreciates that a well informed homeowner is our best client. The firm is proud to represent multiple attorneys, C.P.A.s, physicians, and police officers in foreclosure cases.

Wednesday, March 16, 2011

Shuster & Saben Collects Fee Judgment against Chase Home Finance

The foreclosure lawyers at Shuster & Saben have obtained payment for a $9,750.00 judgment against Chase Home Finance. The judgment was obtained in a case where the firm obtained dismissal of a foreclosure action filed by Law Offices of Marshall Watson, P.A. The firm, pursuant to our written retainer with our client, will now issue a check to our client to reimburse him for most of the legal fees he previously paid to our firm.

When considering among the many law firms that defend foreclosures homeowners should consider the firm’s track record with respect to beating banks and obtaining attorney’s fees. When a homeowner wins their foreclosure case the bank has to pay the homeowner’s attorney’s fees. The Court will determine the amount of the attorney’s fees and may award less than the total fees charged or sought by the homeowner’s attorney. Shuster & Saben’s written fee agreement fully explains the firm’s attorney fee reimbursement policy when the firm recovers attorney's fees from banks and loan servicers. For many homeowners hiring the best possible foreclosure defense attorney may cost a little more in the beginning but will be a better value over the long haul if the attorney wins the case and obtains a fee judgment against the bank or settles the case with a substantial reduction of interest and principal (loan balance).

Thursday, March 10, 2011

Shuster & Saben defeats Bank of America at Trial

Firm attorney, Richard Shuster, defeated Bank of America, in a Miami-Dade foreclosure trial. The evidence presented at trial included the deposition testimony of the person who executed the assignment of mortgage and the live testimony of the borrower / Defendant. For our client’s protection the firm did not blog about this victory until the time for Bank of America to appeal expired. Under the legal principle of res judicata Bank of America should be unable to file a new lawsuit against our client. The firm will soon commence action to quite title for our client. It appears that our client's mortgage, that was more than $175,000.00, has been eliminated.

To Review a redacted copy of the final judgment please click the link below:

Redacted Final Judgment

Shuster & Saben is a litigation firm. Lawyers at Shuster & Saben have tried cases to verdict in personal injury, insurance, felony criminal, and foreclosure. Firm attorney Thomas Willis was on Stetson Law School’s national championship trial team. Micheal Fischetti is a former Broward County public defender. A firm’s trial experience is one of the factors a homeowner should evaluate when considering a foreclosure attorney. To find out more about our firm, its lawyers, and why we are different please visit our firm’s website at

Saturday, March 5, 2011

Shuster & Saben Sues Loan Servicer Vericrest Financial on behalf of Foreclosure Client

After CitiMortage tried for over two years to foreclosure on our clients Melbourne, Florida home, they gave up and while his foreclosure case was still pending, his first mortgage was sold to an offshore trust created in 2010 to acquire distressed mortgages for pennies on the dollar. Citibank never told our client who bought his mortgage but when Citi stopped servicing the loan they complied with RESPA ( the Real Estate Settlement Procedures Act) and told our client that servicing of his loan would be transferred to Vericrest Financial. We sent Vericrest a Qualified Written Request (QWR) to find out who acquired out client’s fist mortgage. Our letter that contained the QWR also demanded that the Vericrest cease and desist any communication with the our client as he has been represented by our firm for nearly two years.

Vericrest ignored our correspondence and continued to call our client in violation of the FCCPA (Florida Consumer Collection Practices Act) and FDCAP (Fair Debt Collection Practices Act). We did NOT ignore Vericrest’s unlawful conduct. A mere ten days after they called our client we sued Vericrest Financial and their unknown client, the current owner of the first mortgage in Brevard County Court.

To review a redacted copy of the lawsuit filed against Vericrest please click the link below.

Redacted Vericrest Lawsuit

At Shuster & Saben we refer to lawsuit where our foreclosure client is a plaintiff and the loan servicer and lender are defendants as offensive cases. In other offensive cases we have recovered monetary damages for our clients or used the offensive case as a bargaining chip to obtain a substantial principal reduction loan modification. When a consumer wins a Fair Debt case the loan servicer (or bill collector) has to pay the consumer’s attorneys fees. In these offensive cases, our firm receives no attorney’s fees unless we win the case and the fee is paid for by the lender or loan servicer.

About the foreclosure attorneys at Shuster & Saben, LLC: Some lawyers think doing a good job in a foreclosure case means losing slow rather than quickly. Not us. Shuster & Saben, searches every case for clues in hopes of finding evidence to defeat the bank. We take depositions. We litigate foreclosure cases to win. When lenders break the law we do not hesitate to file a separate lawsuit against the bank or loan servicer on behalf of our client. We think a good foreclosure defense lawyer doesn’t drag his or her feet but rather uses them to kick the behinds of banks, loan servivers, and foreclosure mill attorneys.