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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.”
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