Wednesday, August 17, 2011

Bank of New York Ordered to pay Sanctions

Shuster & Saben obtains sanctions against Bank of New York & Litton

Every lawyer who defends foreclosures quickly learns that lawyers for the bank often stonewall discovery requests from homeowners' counsel. First the banks ask for more time, then they often object to answering questions and producing documents. As experienced civil litigators, the lawyers at Shuster & Saben, meet such tactics with motions to compel and when orders to compel are not complied with the firm files motions for sanctions and for motions to show cause.

After Bank of New York failed to comply with a Court Order directing that interrogatories ( written questions under oath) be answered, Florida foreclosure attorney Richard Shuster, filed a Motion for Sanctions and Rule to Show Cuase against Bank of New York. The motion was granted and Brevard County Circuit Judge Jeffrey Mahl ordered Bank of New York to pay sanctions of $600.00 and to furnish verified answers to the interrogatories within seven days. The firm ultimately received a check from Litton, the loan servicer, for the sanctions. Litton, who is not a party to the litigation, appears to be running this case behind the scenes for Bank of New York Mellon, the trustee of a securitized trust that alleges to own the mortgage on our client’s home.

In defending foreclosure cases, homeowner's counsel must be persistent in order to obtain every scrap of evidence that might help save a client’s home. Homeowners or lawyers with questions about motions to compel discovery can E-mail their questions to

To review a redacted copy of the Order granting Defendant’s Motion to Show Cause please click the link below.

Order Granting Motion for Sanctions

About Shuster & Saben: Shuster & Saben a team of experienced civil litigators, give each file and client individual attention. We will go to Court as many times as necessary to leave no stone unturned in our efforts to defend our clients' homes. Our lawyers have won foreclosure cases both at trial and on summary judgment and are passionate about defending foreclosures. We are selective about the clients and cases we take on. To arrange a free interview with the firm to see if your case is one where we can help, please call any of our three offices in Miami, Fort Lauderdale or Melbourne or E-mail