Sunday, February 16, 2014

Firm Wins Case When Bank's Lawyer Misses Trial

While our firm has won a large number of foreclosure trials, firm associate Purvi Patel recently won a trial in Vero Beach in a most unusual fashion.  At the client’s scheduled trial in January of 2014, counsel for the Plaintiff, U.S. Bank failed to appear for the scheduled trial at the Indian River Courthouse.  After U.S. Bank’s counsel failed to file a witness list as required by Court order, the firm became aware of the possibility that neither a witness nor a lawyer for the bank would be present for the trial.  The firm still had to prepare the case with the expectation that the bank would be present and ready for trial.  When the bank and their counsel failed to appear foreclosure magistrate Julie Oldehoff, did not require our firm to put on its case, instead the case was dismissed for the bank’s failure to appear at trial.   Following dismissal of the case the firm filed a motion for attorney’s fees and will seek to obtain a recovery from the Bank to reimburse our client’s legal expenses. 
Except from Order                                                           Firm Associate Purvi Patel

Shuster & Saben understands that when we can stop a bank form winning its case by default or summary judgment, to only remaining way for the bank to take our clients home is by trial.  Trial involves real risks for banks that might be unable to prove an element of their case.  Banks also lose trials when they overlook procedural errors.  When faced with an aggressive, diligent and persistent defense, a bank will have more opportunities to make mistakes.  With focused attention to detail, our firm tries to catch every mistake and convert such mistakes into dismissals, trial victories, or into leverage to achieve substantial principal reduction settlements.