Thursday, February 23, 2012

South Beach Foreclosure Dismissed in Three Months.

In November of 2011, Shuster & Saben filed an Answer on behalf of an owner of an oceanfront condominium in Roney Palace in Miami Beach.  In February of 2012, the Plaintiff and alleged owner of the note, Kondaur Capital Corporation dismissed their case against our client.  Another day… another dismissal for Shuster & Saben.  Our client was happy to hear the news that he will have no bill for our services in March because his case is now over. 

Our client, an out of state condo owner, had his personal attorney in New York screen top foreclosure firms to find an agile, aggressive, cost effective foreclosure defense firm that would go on the attack from the get-go.  After interviewing firm attorney Richard Shuster and researching our case results, the client’s personal attorney recommended that he hire our firm. 

Shuster & Saben does not use stall tactics like motions for extension of time.  We hit Kondaur with a answer that was nearly fifteen pages long and discovery into the questionable transfers of the loan from on financial institution to the next.  After Kondaur received our answer they put the mortgage up for sale.  Kondaur did not wait around and try to substitute some new or future buyer of the loan into the lawsuit they filed.  Instead they decided to cut and run. As U.S. Bank recently learned, banks without airtight cases can incur judgments for enormous fees when they go to the mat and lose against our firm.  Kondaur’s decision will limit the amount of their fee exposure. 

To see the redacted dismissal please click the link below

When other lawyers ask why is it that our firm obtains so many foreclosure dismissals, I let them know it is because we work our cases.  Pushing back hard takes a little more work but when it results in a quick dismissal it saves our clients money.  Some prospective clients are only concerned about the fees of a foreclosure firm charges and might pick one lawyer over another because they change $100.00 less a month or have a one time flat fee change.  We believe that hiring the best lawyer that will take the homeowner’s case is the best way for the homeowner to maximize the value of their foreclosure defense budget.  If a homeowner is unsure how tell how good a job a foreclosure lawyer will do in their case, they should look at the lawyer’s results in the lawyer’s prior cases and interview more than one lawyer.  For more information about our firm’s results please see the last fifty (50) blog posts on this site or our 5 Star Client Reviews on AVVO

Friday, February 17, 2012

Shuster & Saben Sues Heritage Pacific Financial, LLC

When a Satellite Beach resident hired Shuster & Saben to defend the foreclosure case filed by Deutsche Bank (as Trustee) against his home, firm attorney Richard Shuster wrote both the servicer for the client’s first mortgage and Heritage Pacific the servicer of  the client’s second mortgage.  The firm wrote both servicers so that calls and letters from both servicers to the client would stop.

The firm’s letter to Heritage Pacific told Heritage point blank and in bold type “All future contact relative to this debt must take place solely through this office.  Please cease and desist all communications with our clients.”

Shuster even said “Please” but only once.  When Heritage wrote our client nearly one year later to offer a lump sum payment “option” to make single payment of $93,446.98 when our clients balance was on $93,446.98 ( a whopping discount of 0% ), the firm did not repeat their warning.   The firm filed suit against Heritage for both the illegal contact with a person they knew was represented by counsel , a violation of the FCCPA,  (Florida Consumer Collection Practices Act) and Heritage’s failure to properly respond to a Qualified Written Request, a violation of RESPA,  (Real Estate Settlement Procedures Act).  Now this Texas loan servicer will have to hire a lawyer to defend a Brevard case where the homeowner is the Plaintiff.   

To see a redacted copy of the lawsuit filed against Heritage Pacific please click the link below:

About Shuster & Saben:  Shuster & Saben loves to sue banks.  See our older blog posts about cases where we sued banks and won.  Shuster & Saben has a zero tolerance policy for lenders and loan servicers who call our clients.  The firm handles FCCPA, FDCPA, and RESPA claims against banks on a pure contingency basis.  The firm accepts referrals from other foreclosure lawyers whose clients are called by banks.  We believe that when a consumer hires a lawyer they should enjoy peace and quiet that is not interrupted by collections calls from banks. Speak softly and carry a big stick.

Thursday, February 9, 2012

Shuster & Saben defeats Florida Default & Wells Fargo

Poor Florida Default Law Group,  once against they have lost yet another case to Shuster & Saben, LLC.   This foreclosure case began when Wells Fargo decided to hire Tampa foreclosure mill Florida Default Law Group to prosecute a foreclosure case in Brevard County.  Florida Default assigned the file to a young lawyer handling a very large caseload.  The homeowner hired the Melbourne office of Shuster & Saben, where firm partner Richard Shuster immediately went on the offensive against Wells Fargo. 

Shuster, an experienced civil litigator practicing three times as many years as his opponent, moved to dismiss the case because the complaint was not properly verified.
The motion to dismiss  set forth that the person who “verified” the complaint had an illegible signature and the verification page did not state whether the unknown person signing the verification even worked for Wells Fargo.  The Court granted the motion to dismiss but granted leave for the Florida Default Law Group to fix the problem by filing an amended complaint within twenty days.  Florida Default and/or Wells Fargo then dropped the ball by letting nearly two months go by before they got around to complying with the Court’s order. Apparently they thought a Court order directly them to do something within 20 days meant 20 days or whenever they got around to doing it.

When Shuster received Wells Fargo’s amended verified complaint he immediately moved to strike the complaint and for the entire case to be dismissed.  Following a January 23, 2012, hearing the Court granted the firm’s motion to strike the amended complaint and dismissed the case.  Perhaps this order will teach Florida Default that Court orders need to be complied with and that when a judge orders you to do something you move it to the top of your to-do pile. 

After the case was dismissed Shuster filed a timely motion for attorney’s fees and will now prosecute an attorney fee claim against Wells Fargo.  The firm looks forward to obtaining fees from Wells Fargo and using such fees to reimburse our client’s legal expenses.

To review or download the entire order with our client's name redacted click the link below.

About Shuster & Saben:  If you are being sued for foreclosure chances are quite high that your bank or your bank’s law firm has lost a case to our firm.  Perhaps your bank or their lawyer will be angry that you hired Shuster & Saben.  We think they want you to bring a knife to a gunfight.  If you would rather bring an assault rife give us a call or e-mail