Homeowners who want to see just about every foreclosure defense lawyer in Brevard County in action should come to Courtroom 2A of the Brevard County Courthouse today, Friday, October 10, 2014. It is game day. The Court will have about 40 cases set for trial on the morning docket and another 30 trials in the afternoon. I have one case set on the 9:00 a.m. docket and another special set for 2:30 p.m. docket. Please come watch me. Hopefully, I will keep our near perfect 2014 trial record intact ( I have lost one trial so far in 2014). If I do not I will go down swinging and with the record well preserved should our client wish to to appeal. What I will not do is consent or surrender.
If you are wondering how the Court can conduct forty trials between 9:00 a.m and Noon, the answer is, it can't. As you might expect the banks will win about 20 of the cases when nobody shows up. What you probably would not expect, and something that is worth coming to Court to see, is that most lawyers who call themselves "foreclosure defense lawyers" will not try cases. Even among the clients that have lawyers, most will enter a consent judgment wherein the lawyer surrenders in exchange for the homeowner getting 120 more days in the home and perhaps a waiver of deficiency. If the bank's case is perfect and the homeowner has no change of winning, consenting to judgment is not a bad thing to do. Unfortunately, there are lawyers who NEVER take foreclosure cases to trial. Some lawyers simply do not know how to take cases to trial. Some lawyers are simply to afraid to take a case to trial. Perhaps some lawyers don't want to do the hard work of getting a case ready for trial. To me watching one lawyer after another surrender just makes me nauseous.
Thankfully in our cases the bank's cases are not perfect. Hopefully we will prevail. In both cases we have defended our clients for more than for years. We are ready. It is time for battle.
Subscribe to:
Post Comments (Atom)
You guys are fantastic...when is another case going to trial?
ReplyDelete