Foreclosure lawyers at Shuster & Saben obtain dismissal of HSBC’s Foreclosure Action.

Things did not go very well for HSBC or their counsel, Elizabeth R. Wellborn, P.A., when a Melbourne, Florida homeowner retained the law firm of Shuster & Saben, LLC to defend the foreclosure action filed against his Brevard County, Florida home. Within 48 hours of the firm being retained firm attorney Richard Shuster served nearly twenty pages of discovery requests, including requests for admission, requests for production and interrogatories (written questions to be answered under oath) about the factual basis of the lawsuit served against the homeowner and the securitization of the mortgage into the Ace Securities Corp Home Equity Loan Trust. When HSBC’s counsel was unable to answer the discovery within thirty days they filed a motion for extension of time but did set their motion for hearing. To prevent the motion for extension of time from sitting in limbo, our firm submitted an unopposed order grating the motion and ordering HSBC to respond to the discovery within thirty days.

Thirty days after the Court signed the order, our firm had little in the way of discovery as rather than answer the questions and provide the requested documents, HSBC’s attorneys objected to almost all of the discovery requests Shuster & Saben made on behalf of the homeowner. Firm attorney, Richard Shuster then filed a twenty-eight page Motion to Show Cause and to Compel Better Response to Request to Produce that set forth each of the discovery requests, HSBC’s objection to each request, an argument as to why the Court should overrule the objection and a check off blank for the judge or overrule or sustain each objection. After a lengthy hearing the Court overruled many of HSBC’s objections and commanded HSBC and its attorney, Ira Silverstein, to provided better responses within thirty days.

When, HSBC and its counsel failed to comply with the Court’s second order, foreclosure defense lawyer, Richard Shuster filed a Second Motion to Show Cause which detailed the bank’s violations of the Court’s last two discovery orders and requested dismissal of the entire case.

On May 3, 2011, a hearing was held at the Brevard County Courthouse. Firm attorney Richard Shuster appeared at the hearing in person and a staff attorney at bank’s law firm appeared by phone. The Court asked the bank’s attorney if HSBC was “thumbing its nose” at the Court’s orders. The Court did not give the bank a third chance to violate another Court order and dismissed the bank’s foreclosure action. The Court also granted sanctions against the bank. Now that the case against our client has been dismissed his modest legal expenses will stop. Once sanctions are recovered we will hopefully be able to reimburse our client a substantial portion for his legal expenses from the sanction award.

To review a redacted copy of the order dismissing HSBC’s case please click the link below.

Redacted Order

About Shuster & Saben: The foreclosure defense lawyers at Shuster & Saben aspire to vigorously and aggressively defend every foreclosure case. We have offices in Miami, Fort Lauderdale, and Melbourne so that we can appear in Court in person rather than by phone when our client’s home is on the line. If your case is in a part of the state where we do not appear in person for Court we can refer you to a likeminded attorney or co-counsel with a carefully selected local counsel.

Shuster & Saben wins foreclosure case with its own motion for summary judgment.

Another Shuster & Saben foreclosure client has won their case against a securitized trust. After firm attorney, Richard Shuster, noted that the lawsuit filed by U.S. Bank N.A. as trustee for a securitized trust was not supported by any evidence that the foreclosing bank owned or held the note, he filed a motion for summary judgment on behalf of the homeowner and against U.S. Bank. Foreclosing banks often file motions for summary judgment against homeowners as a means to win cases without having a trial. A judge can only grant summary judgment when the moving party comes forward with competent evidence in the record and the other side fails to come forward with any record evidence to oppose the motion. Unfortunately, many foreclosure defense lawyers never file offensive motions for summary judgment against banks because they are content to merely delay the bank’s attempts to foreclose on the property.

Most of the lawyers at Shuster & Saben come from a civil litigation background. When we are not defending homeowners, we are suing insurance companies, banks, and bill collectors. We are used to taking cases trial where unless we win we don’t get paid one thin dime. When we take on a foreclosure case, we usually have four goals, (1) prevent default, (2) stop the bank for obtaining summary judgment, (3) implement an asset protection strategy for the client, and (4) win the case by dismissal, offensive summary judgment, or trial. Not every foreclosure case is a winnable case. In those cases where the bank’s case is very strong and the homeowner’s case is weak we let out clients know and give them frank objective advice about loan modification, short sale, deed in lieu of foreclosure, and in very rare cases bankruptcy. Even in the tough cases we invest a large amount of time to thoroughly conduct discovery to make sure the bank has evidence to prove every element of their case. When the bank is missing proof on any issue its our job to take their case apart. In the case we won by summary judgment the bank’s lawyers failed to come forward with any record evidence that the Plaintiff, U.S. Bank owned or held the note. As a result the Court entered summary judgment and final judgment in favor of the Defendant / Homeowner. To review a redacted copy of the summary judgment order please click the link below.

Redacted Summary Judgment Order

Lee County Homeowner Chooses Shuster & Saben to Defend Three Million Dollar Foreclosure Case

The owner of oceanfront mansion in Lee County has selected Shuster & Saben, LLC to defend the foreclosure action filed against his family’s home. The property owner evaluated foreclosure defense lawyers both locally and across the state before choosing firm attorney Richard Shuster to implement a comprehensive asset protection and foreclosure defense plan. The owner’s search for the right attorney began with reviewing the websites of several law firms. Once he narrowed his focus to a few lawyers he found those attorneys’ bar numbers at the Florida Bar’s website, www.flabar.org. He then looked up the cases handled by each lawyer in Lee County with the Lee County Clerk of Court though a search of the lawyers’ bar number. The homeowner then reviewed the results obtained in the cases and the pleadings filed by each lawyer.

Two things that impressed the homeowner were that the requests for admissions, interrogatories (written questions) and request for production filed by Shuster varied form case to case and were clearly custom prepared based on the facts of the case rather than cookie-cutter form pleadings. The homeowner was also impressed by the fact that he could not find a single file where a Lee county client had lost their home to foreclosure sale. After performing extensive research online, reviewing files through the Lee County clerk, and interviewing Shuster by phone the homeowner made a will researched decision to hire the firm.

Shuster & Saben appreciates that a well informed homeowner is our best client. The firm is proud to represent multiple attorneys, C.P.A.s, physicians, and police officers in foreclosure cases.

Shuster & Saben Collects Fee Judgment against Chase Home Finance

The foreclosure lawyers at Shuster & Saben have obtained payment for a $9,750.00 judgment against Chase Home Finance. The judgment was obtained in a case where the firm obtained dismissal of a foreclosure action filed by Law Offices of Marshall Watson, P.A. The firm, pursuant to our written retainer with our client, will now issue a check to our client to reimburse him for most of the legal fees he previously paid to our firm.

When considering among the many law firms that defend foreclosures homeowners should consider the firm’s track record with respect to beating banks and obtaining attorney’s fees. When a homeowner wins their foreclosure case the bank has to pay the homeowner’s attorney’s fees. The Court will determine the amount of the attorney’s fees and may award less than the total fees charged or sought by the homeowner’s attorney. Shuster & Saben’s written fee agreement fully explains the firm’s attorney fee reimbursement policy when the firm recovers attorney's fees from banks and loan servicers. For many homeowners hiring the best possible foreclosure defense attorney may cost a little more in the beginning but will be a better value over the long haul if the attorney wins the case and obtains a fee judgment against the bank or settles the case with a substantial reduction of interest and principal (loan balance).

Shuster & Saben defeats Bank of America at Trial

Firm attorney, Richard Shuster, defeated Bank of America, in a Miami-Dade foreclosure trial. The evidence presented at trial included the deposition testimony of the person who executed the assignment of mortgage and the live testimony of the borrower / Defendant. For our client’s protection the firm did not blog about this victory until the time for Bank of America to appeal expired. Under the legal principle of res judicata Bank of America should be unable to file a new lawsuit against our client. The firm will soon commence action to quite title for our client. It appears that our client's mortgage, that was more than $175,000.00, has been eliminated.

To Review a redacted copy of the final judgment please click the link below:

Redacted Final Judgment

Shuster & Saben is a litigation firm. Lawyers at Shuster & Saben have tried cases to verdict in personal injury, insurance, felony criminal, and foreclosure. Firm attorney Thomas Willis was on Stetson Law School’s national championship trial team. Micheal Fischetti is a former Broward County public defender. A firm’s trial experience is one of the factors a homeowner should evaluate when considering a foreclosure attorney. To find out more about our firm, its lawyers, and why we are different please visit our firm’s website at www.attorneyforeclosuredefense.com.

Shuster & Saben Sues Loan Servicer Vericrest Financial on behalf of Foreclosure Client

After CitiMortage tried for over two years to foreclosure on our clients Melbourne, Florida home, they gave up and while his foreclosure case was still pending, his first mortgage was sold to an offshore trust created in 2010 to acquire distressed mortgages for pennies on the dollar. Citibank never told our client who bought his mortgage but when Citi stopped servicing the loan they complied with RESPA ( the Real Estate Settlement Procedures Act) and told our client that servicing of his loan would be transferred to Vericrest Financial. We sent Vericrest a Qualified Written Request (QWR) to find out who acquired out client’s fist mortgage. Our letter that contained the QWR also demanded that the Vericrest cease and desist any communication with the our client as he has been represented by our firm for nearly two years.

Vericrest ignored our correspondence and continued to call our client in violation of the FCCPA (Florida Consumer Collection Practices Act) and FDCAP (Fair Debt Collection Practices Act). We did NOT ignore Vericrest’s unlawful conduct. A mere ten days after they called our client we sued Vericrest Financial and their unknown client, the current owner of the first mortgage in Brevard County Court.

To review a redacted copy of the lawsuit filed against Vericrest please click the link below.

Redacted Vericrest Lawsuit

At Shuster & Saben we refer to lawsuit where our foreclosure client is a plaintiff and the loan servicer and lender are defendants as offensive cases. In other offensive cases we have recovered monetary damages for our clients or used the offensive case as a bargaining chip to obtain a substantial principal reduction loan modification. When a consumer wins a Fair Debt case the loan servicer (or bill collector) has to pay the consumer’s attorneys fees. In these offensive cases, our firm receives no attorney’s fees unless we win the case and the fee is paid for by the lender or loan servicer.

About the foreclosure attorneys at Shuster & Saben, LLC: Some lawyers think doing a good job in a foreclosure case means losing slow rather than quickly. Not us. Shuster & Saben, searches every case for clues in hopes of finding evidence to defeat the bank. We take depositions. We litigate foreclosure cases to win. When lenders break the law we do not hesitate to file a separate lawsuit against the bank or loan servicer on behalf of our client. We think a good foreclosure defense lawyer doesn’t drag his or her feet but rather uses them to kick the behinds of banks, loan servivers, and foreclosure mill attorneys.

Shuster & Saben, LLC obtains judgment against Chase Home Finance.

A Florida court has entered Final Judgment against Chase Home Finance in a foreclosure case won by the foreclosure lawyers at Shuster & Saben, LLC. The judgment commands Chase to pay the homeowner and his attorneys $9,950.00 for attorney's fees and costs. Previously, Shuster & Saben obtained a dismissal of the case as a sanction against Chase after Chase failed to comply with two Court orders concerning answering interrogatories (written questions answered under oath) and providing written discovery.

Under Florida law in most cases where the homeowner wins their foreclosure case the bank must reimburse the homeowner for their legal expenses. The amount of the judgment obtained substantially exceeds the amount of money paid by the homeowner to Shuster & Saben because the judgment includes reimbursement of $1,750.00 for an expert witness to testify at the attorney fee hearing ( a cost paid for by the firm not the client ) and for work performed by the firm that was not changed to the client.

From this judgment Shuster & Saben firm will reimburse our client’s legal expenses. When this case began, all our client wanted was a waiver of deficiency on an upside-down rental property. At the onset of the case our firm offered to settle the case by Deed In Lieu of Foreclosure or agreed judgment of foreclosure with waiver of deficiency. Chase as the servicer of a FNMA loan did not accept the settlement offer. Now, a year later, Chase does not have the property and has spent thousands of dollars paying both their lawyers and for all of the time our firm spent defending the case.

To review a redacted copy of the judgment obtained against Chase please click the link below.

Redacted Final Judgment Against Chase

About Shuster & Saben: When the foreclosure defense lawyers at Shuster & Saben win foreclosure cases we aggressively seek to recover attorneys fees from the bank minimize or eliminate or client’s legal expenses.