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 firstname.lastname@example.org.