Foreclosure Win Results in $17,500.00 Attorney Fee Recovery

When the Foreclosure mill law firm David Stern, P.A. collapsed many lawyers who defend foreclosures were content to sit on their hands and wait six months to a year for the banks suing their clients to send the files to other law firms.  Of course Shuster & Saben is NOT  like most firms that defend foreclosures.  Firm attorney Richard Shuster saw the collapse of David Stern as an opportunity to cut off  the head of a sleeping snake.

After the Stern firm failed to respond to requests for admission served by Shuster on behalf of a foreclosure defense client, Shuster filed a motion for summary judgment in favor of the homeowner.  The Stern firm did not withdraw form the case and Wells Fargo did not assign the case to new counsel.  Shuster then set a hearing on the motion for summary judgment. 

Despite their receipt of the notice of hearing, David Stern did not have an attorney present at the hearing.  When the judge called the firm to allow them to attend the hearing by phone the lawyer who the receptionist directed the Judges call to did not take the Court’s call. Since Wells Fargo's lawyers ( David Sern, P.A.) failed to respond to requests for admission that Wells Fargo did not own the note and a request for admission that Wells Fargo did not hold the note summary judgment and final judgment were entered in favor of the homeowner.  After the win the foreclosure defense attorney Richard Shuster filed a motion for attorney’s fees. 

Shuster was concerned if the firm immediately sought to collect attorney’s fees Wells Fargo might move for relief from the judgment arguing that they accidentally failed to send the file to new counsel.  As such Shuster waited one year from the date of judgment so that the time for Wells Fargo to seek relief form judgment ( 1 year under the rule) expired.  Once the time for Wells Fargo to seek relief from judgment expired the firm went forward with its motion for attorney’s fees.  Wells Fargo’s new lawyers, Aldridge Conners argued that the homeowner should not be entitled to attorney’s fees.  This argument was rejected by the Court which found for the Defendant on attorney fee entitlement.  The day before the hearing on the amount of attorney’s fees Wells Fargo and their new counsel agreed to pay $17,500.00 to resolve the attorney fee claim. Our client not only won their case  ( a final judgment win not a mere dismissal ) get money back from the fees recovered from Wells Fargo. 

Shuster & Saben Sues Strategic Recovery and Vantium Capital

Shuster & Saben, LLC, filed suit in Brevard County against Strategic Recovery Group, a division of Texas based Vantium Capital. This lawsuit was filed on behalf of Brevard County homeowner who the firm is defending in a foreclosure action. Prior to retaining the Shuster & Saben, the client filed a Chapter 7 (liquidation bankruptcy) and obtained a discharge of his personal obligation on Home Equity Line of Credit (HELOC) on his home. At the time our client filed bankruptcy, the HELOC Mortgage was held by Wilshire Bank. According of documents received by the firm, despite the fact that our clients debt was discharged in bankruptcy and the fact that our clients home is worth $50,000 less than the loan balance on his first mortgage, Wilshire sold the loan to Bank of America, who retained Strategic Recovery to attempt to collect on the debt.

The client initially retained the Melbourne office of Shuster & Saben to defend a first mortgage filed against his home by CitiMortage. The client brought us a letter he received from Strategic Recovery because he was concerned as why Strategic was seeking to collect a discharged debt. Our firm commenced an investigation to confirm that the original creditor was notified of the bankruptcy and sent Strategic Recovery a Qualified Written Request (QWR) pursuant to RESPA, ( Real Estate Settlement Procedures Act ) and request for verification of the debt pursuant to the Fair Debt Collection Practices Act.

When we did not receive written confirmation for Strategic Recovery that they were abandoning collection activity suit was filed in Brevard County Court against Vantium Capital, the parent company of Strategic Recovery. The firm continues to defend the foreclosure action filed by first mortgage holder, Citimortage, a separate case that is now over two years old.

To view a redacted copy of the law suit filed against Strategic Recovery please click the link below.

Strategic Recovery Lawsuit

About Shuster & Saben:
Shuster & Saben is a civil litigation firm of seven attorneys that defends foreclosures from four offices located in Miami, Doral, Fort Lauderdale / Plantation, and Melbourne, Florida. We believe the best defense is a good offense. If a lender, loan servicer or bill collector violates the law in their attempt of collect on a debt allegedly owned by our client we will not hesitate to sue the offender and use such suit for leverage to achieve our clients desired resolution. We believe there is a difference between foreclosure delay and foreclosure defense. Click here to find our why we are different or e-mail foreclosuredefenselaw@gmail.com with your Florida foreclosure questions.

Shuster & Saben obtains order dismissing foreclosure for lack of prosecution. Firm will now pursue lender to obtain reimbursement of client’s legal expenses

When a Brevard County homeowner visited Shuster & Saben’s Melbourne office, the homeowner explained to firm attorney Richard Shuster, that nothing seemed to be happening in his case. During the homeowner’s Free No-obligation consultation, attorney Shuster looked up the case on the Brevard County Clerk of Court's website. The Court’s online docket showed that the bank’s law firm, Florida Default Law Group, P.L. had not touched the file in over nine months. Shuster’s advice to the client was, Do NOT hire our firm right now. Shuster counseled: “It appears the other side is asleep at the wheel. The best thing you can do right now is to do absolutely nothing, but please come back and see me in late July when it has been a year and a day since the last record activity.”

In late July the homeowner returned to the firm’s Melbourne Foreclosure defense office, and retained the firm. On July 26, 2010 the firm filed a motion to dismiss the case for lack of prosecution. The motion asked the Court to throw out the case because the Plaintiff, Credit Based Asset Servicing and Securitization, LLC had not had any record activity in the case in the year prior to the filing of the motion. Shortly after Shuster & Saben’s motion to dismiss the case was filed, the Plaintiff Credit Based Asset, hired new counsel and the new counsel were substituted for the Florida Default Law group. At a hearing that took place on October 29, 2010, the Plaintiff argued that there was good cause why the case should not be dismissed. The Plaintiff argued that the “good cause” why the case should not be dismissed was that the case was on “loss mitigation hold.” Shuster’s response was that the only loss mitigation undertaken during the year by the Plaintiff was to send the homeowner a generic letter about short sales and deed-in-lieu. Shuster suggest that the fact that the Plaintiff got rid of their original counsel and hired new counsel suggested that the original counsel had dropped the ball.

The Court rejected the Plaintiff’s arguments and granted the homeowner’s motion to dismiss. The Court reserved jurisdiction to award attorneys fees against the Plaintiff/Lender. The firm has already filed a motion for attorney’s fees against the bank. Shuster & Saben’s goal is to make the Plaintiff pay for all of the legal work the firm did in the case. If this goal is accomplished the award of attorney’s from the bank will be used to reimburse our client for his legal expenses. To read a redacted copy of the order granting defendant’s motion to dismiss please click the link below.

Order Granting Defendant's Motion to Dismiss

About Shuster & Saben: The foreclosure defense lawyers at Shuster & Saben, have offices in Miami, Doral, Plantation/Fort Lauderdale, and Melbourne. We defend homeowners in foreclosure from Miami to Titusville on the east coast, Orange, Seminole, Polk, Collier, and Lee Counties. As this blog post illustrates we do NOT do cookie-cutter foreclosure defense. Shuster & Saben carefully analyses the cases filed against our clients, listens to our clients’ objectives, advises our clients as to their options and on asset protection strategy, creates a plan to achieve the clients goals and then we go to work implementing the plan.

Shuster & Saben Seek Sanctions against Bank of America on behalf of Sebastian, FL homeowner

For Immediate Release: On Tuesday, November 17, 2009, Shuster & Saben served a Motion For Sanctions against Bank of America, N.A. for failing to mediate in good faith with a Sebastian, Florida homeowner. The firm’s client, an elite estates and trusts paralegal (who spent over twenty years working with some of South Florida’s top law firms) attended mediation, in Vero Beach, pro-se, prior to hiring the foreclosure defense litigation department of Shuster & Saben, LLC.

Under the Administrative Order of 2009-01 of Indian River County Chief Judge Willaim Roby, lenders seeking to foreclose on the primary residence of Indian River County homeowners are required to conduct mediation prior to moving for summary judgment. Under the administrative order, the lender must have its counsel appear in person and a representative of the plaintiff/lender may appear by phone or in person. The administrative order requires that individual appearing for the lender must have “full authority to modify the existing loan and mortgage and to settle the foreclosure case.”

Prior to the mediation, the lender’s law firm, Kahane & Associates of Plantation, Florida filed a “Form A” identify Krystal Martin as the respresenative of the lender who would appear at the mediation. The subject homeowner, via federal express provided pertinent financial documents, a release of her tax returns, and a hardship letter to the loan servicer, Litton, so that Litton and Bank of America could evaluate modification of the loan prior to the mediation.

According to the firm’s client, when the mediation commenced for the first 30 minutes of the mediation Bank of America had no representative what so ever. The person listed on the “Form A”, Krystal Martin never appeared for the mediation and in her place, a representative of Litton, the servicer on the loan appeared by phone. Since the person appearing was not a Bank of America employee but only a employee of the loan servicer hired by Bank of America, it was apparent that the representative had no authority to do anything without talking to the lender. When the mediation began the Litton representative did not know the current balance on the loan. The lender’s attorney who signed the “Form A” did not bother to attend the mediation. In her place was a local Vero Beach attorney, Nina Ferraro, who is NOT an employee of Kahane & Associates (the law firm hired by Bank of America to bring the foreclosure). Ms. Ferraro had no prior involvement in the case and also did not have the borrower’s current balance.

New Melbourne, Florida Consultation Location

For Immediate Release:
Shuster & Saben, LLC announces a new available for consultation location in Melbourne, Florida. Space Coast homeowners facings foreclosure can meet with an attorney of the law firm of Shuster & Saben, LLC at 100 Rialto Place, Suite 700, Melbourne, FL 32901. We are available for consultation at this location by appointment only.




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Shuster & Saben, LLC is law firm of five attorneys with offices in Miami and in Plantation / Fort Lauderdale. This Fall Shuster & Saben will open a third office in Satellite Beach, Florida and will continue to be available by appointment only at 100 Rialto Place, Suite 700 in Melbourne. Shuster & Saben, LLC defends homeowners in foreclosure. Lawyers in our firm have been featured in or quoted by Time Magazine, Univision, and the Daily Business Review. Shuster & Saben offers free consultation with an attorney and defends homeowners in foreclosure for $495.00 per month on loans under $500,000. When the firm defends a homeowners primary residence
Melbourne Phone: (321) 549-STAY or Toll Free: 877-511-STAY.

For More Information about Shuster & Saben, LLC, please see our website www.attorneyforeclosuredefense.com