Free Home Likely After Firm Defeats CitiMortgage

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When our firm won this foreclosure case the bank had less than two weeks to refile.

When a Rockledge, Florida resident came to discuss his foreclosure case with me in 2009 he had already interviewed several attorneys.  At our first meeting the homeowner asked “How long can you stretch out my case.” What an odd question I thought.  “Why are you asking I replied.” 

The client explained, “one lawyer I spoke to told me he can keep me in the house for about a year.  The other lawyer told me he could keep me in the home for two years.”  I inquired, “did they tell you how they would do this?" No.  "Did they tell you why they felt delaying your case would be to your benefit?"  No. 

“I think they just assumed that it was their job to delay the case.” the prospective client explained.  Finally I asked “Did they tell you what their strategy would be to win the case?” “Win the case … what are you talking about” the puzzled prospect shot back.

For a lawyer to ask you to hire him with no plan, and no strategy is the same thing  as a doctor giving you medicine with no examination and no diagnosis.  What a lawyer is going to do to defend the case has to be based on the facts of the case and the client's objectives.  Would you go to a doctor who prescribed the same drugs to every patient.  Let’s take a look at your case together and see if the bank that sued you had any right to do so. 

When I reviewed the lawsuit against the homeowner I found that CitiMortgage the bank that sued the homeowner was not the original lender and the copy of the note attached to the complaint did not have an endorsement to CitiMortgage or a blank endorsement.    “CitiMortgage lacks standing to sue you,” I explained.  “But I am been sending them mortgage payments for years” the prospect countered.  “Does not matter, to sue you they need to be the owner or the holder of the note at the time the lawsuit was filed.   They were not.  You have a winnable case.”

Firm Obtains $12,695.00 Judgment against Wells Fargo

 

After winning yet another foreclosure action against Wells Fargo and their counsel, Florida Default Law Group, foreclosure defense attorney Richard Shuster has obtained a judgment for attorney’s fees and costs in the amount of $12,695.00.  Homeowners should understand that hiring foreclosure attorneys who actually win cases as opposed to merely trying to slow a bank’s case down makes good financial sense.  In a foreclosure case, when the bank or loan servicer loses the case the bank has to pay the homeowner’s attorney’s fees.  Money from the judgment against Wells Fargo will reimburse legal expenses previously paid by the firm’s client. 

Fighting cases to win, rather than to lose slowly requires more time and effort on the attorney’s part.  Hiring a firm that attempts to win cases might cost a little more in the beginning but in cases where the homeowner wins their case and recovers fees from the bank and in many cases settled under favorable terms the investment in a sophisticated foreclosure defense pays off for the homeowner. 

To review a redacted copy of the final judgment for attorney’s fees please click the link below.

Redacted Judgment Link

About Shuster & Saben:  Shuster and Saben, LLC knows the difference between real foreclosure defense and knee jerk stalling.  Savvy homeowners in foreclosure who want more than a cookie cutter foreclosure delay can consult with one of our attorney’s for free.  Since we regularly go to court on our client’s cases, we don’t take cases in Tampa or the Panhandle that are beyond the reach of our firms offices.  We do accept cases from Miami to Jacksonville on the east coast and in Orange, Seminole, Collier and Lee counties.  We know who the top foreclosure lawyers are in parts of the state where we do not practice and gladly make referrals.  Thanks for reading our blog.  We would love to put your case in a future post.