Excerpt from 5 page Final Judgment for Attorney's Fees & Costs |
Shuster & Saben has obtained what is believed to be the
largest 2014 attorney fee judgment awarded in a Brevard County foreclosure
action. The award was
entered in favor of our client, a Space Coast homeowner, whose foreclosure action
the firm defended since the action was filed in early 2010. The firm spent over 100 hours defending
the case before ultimately defeating HSBC Mortgage Services and their counsel,
Albertelli Law, P.A. After we
obtained judgment on the pleadings against HSBC, the bank appealed the case to
the Florida’s Fifth District Court of Appeal. The Fifth District Court of Appeal dismissed HSBC’s appeal
after the bank failed to pay an appellate filing fee after being ordered to do
so by the Appellate Court.
At the inception of the case, we asked HSBC to modify our
client’s loan. As a foreign
bank H.S.B.C. (stands for Hong Kong
Shanghi Bank of China ) did not receive TARP bailout money so they had no
obligation to the U.S. Treasury to make loan modifications under HAMP. HSBC denied our request for loan
modification and advised that our client’s income exceeded income thresholds for
their internal loan modification program.
Once diplomacy failed it was time for firm to do everything in our power
to keep the client in his home.
Our fight came to end nearly four years later after we defeated HSBC in the
trial court and again on appeal.
Our client hired our firm under a partial contingency fee
agreement in which the client paid for the first hour we worked on his case
each month. All of the rest of the
hours the firm worked were on a pure contingency fee basis. If we did not win this case our firm
would have been paid for less than half of the hours we spent on the case. True foreclosure defense meaning
defending a case with a goal of winning the case at trial takes far more work
than engaging in mere stall tactics that are commonly employed by some general
practitioners who “handle” foreclosures from time to time. By using a partial contingency fee
agreement our firm can offer services that are affordable to the consumer but still
get paid for the huge investment of time that goes into winning a foreclosure
case.
When our firm collects on this judgment our client will
receive over $20,000.00 from the recovery and will get almost all of the money
he paid our firm back. Our client
remains in his Palm Bay home. Now
that the time for HSBC to appeal the attorney fee judgment has expired our firm
will levy on the judgment by having the Sheriff seize the bank's assets if the
judgment in not paid within a reasonable time. To view a redacted copy of the
judgment click here.
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