Firm attorney, Richard Shuster was not the first lawyer
hired by a Brevard family to defend the foreclosure case filed against their
million-dollar riverfront home. The
first lawyer hired by the family was a flat-fee lawyer whose objective was to delay
foreclosure. After the case was several
months old the bank moved for summary judgment and the flat-fee attorney
suggested to the homeowners that the end was near. The flat fee lawyer thought the only option
was to cut a deal where the homeowners would give up their home in exchange for
an extended sale date that would get them three or four extra months in the
home.
The homeowners happened upon a family friend at a popular
beachside restaurant who was a prior foreclosure defense client of Shuster
& Saben. The client told the homeowner,
how Shuster & Saben successfully resolved their case and suggested that
they get a second opinion with firm attorney Richard Shuster. At first, the homeowner was hesitant over
the fact that hiring Shuster & Saben would be significantly more expensive
than what they had paid to hire the flat fee lawyer. After several weeks of delay, the homeowner
called the Space Coast office of Shuster & Saben for a free foreclosure
defense consultation. During the
consultation, attorney Shuster found a significant mistake made by the bank
that had been overlooked by the flat-fee lawyer. During the consultation,
Shuster explained the strengths and weaknesses of the bank’s case and laid out
a plan of attack that would be implemented if the homeowner hired the
firm. Ater sleeping on the issue for one
night the couple hired Shuster & Saben, the day after the
consultation. Shuster went to work on
the case immediately, implementing the plan laid out in the consultation. In less than six months Shuster obtained an order dismissing the
case. U.S. Bank then moved for rehearing
which was denied by the Court. After Shuster won the foreclosure case, he
timely moved for attorney’s fees and costs to recover money from US Bank to
reimburse legal expenses previously paid for by the client and pay for work
done by the firm that the client was not charged for.
On August 13, 2013, the Court entered a final judgment for
attorney’s fees and costs against US Bank, ordering the bank to pay $18,500.00
for attorney’s fees and costs. To view a
redacted copy of the order click here. When
the judgment is paid, the firm’s client will receive thousands of dollars
back.
The Court’s final judgment reflects a finding that attorney
Richard Shuster reasonably spent 41 hours in the defense of the foreclosure claim. If a $1,500.00 flat-fee foreclosure defense
lawyer spent 41 hours on a case that would equate to under $37.00 per
hour. Shuster & Saben’s client first
retainer agreement calls for the client to pay for the first hour worked each
month and the rest of the time spent is on a pure contingency fee basis where
the firm only gets paid if the case is won.
With such a fee structure, Shuster & Saben, can afford to pull out
all the stops in an effort to win.
The clients are no longer in foreclosure and continue to
enjoy their waterfront estate home. When
the clients referred one of their friends to the firm their advice from
experience was “when your home and biggest asset is on the line, hire the best
lawyer you can find.”
About Shuster & Saben:
The lawyers at Shuster & Saben defend foreclosure cases with
experience, attention to detail, and enthusiasm. The firm is one of a select few that has won
foreclosure cases but at trial and on appeal to a District Court of
Appeal. The firm regularly tries
cases. In 2012 the firm’s fee judgment
against U.S. Bank for over $46,000.00 was the largest foreclosure fee judgment
for a homeowner in Brevard County. The firm is equally proud of its many loan
modification settlements which allow clients to keep their homes and make
payments they can afford.
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