Shuster & Saben Wins Emergency Motion to Stay Foreclosure Sale

For Immediate Release:
Shuster & Saben wins Emergency Motion to Stay Foreclosure, and obtains Court order cancelling judical sale.

September 17, 2009, could have been a very bad day for Shuster & Saben client M.L.* When M.L came to our firm on August 11, 2009, she had already lost her case because a default was entered against her after she failed to file an answer to a complaint for foreclosure filed by MidFirst Bank. Our client had received numerous calls from the loan servicer who had told her that she did not need to attend a Court hearing because she had been approved for loan modification. Relying of what she was told by the servicer M.L. did not answer the compliant or attend a motion for summary judgment. M.L. realized she had a serious problem that required immediate legal action when she received an Court order scheduling her home to be judicially auctioned on September 17, 2009.

After Shuster & Saben was hired on August 11, 2009, the firm filed a Verified Emergency Motion to Stay Foreclosure Sale and Request for Mediation. In support of the motion M.L.’s affidavit was filed that set forth that she was employed and was attempting in good faith to reach a loan modification with MidFirst bank. The affidavit also set forth that M.L. did not file an Answer based upon representations of the servicer that the foreclosure could be worked out by loan modification.

On September 15, 2009, just two days before the scheduled sale the Court held a hearing on the Emergency Motion to Stay Foreclosure. Thomas Willis, from the law firm of Shuster & Saben presented the firm’s argument on behalf of the homeowner and George Zamora of the law firm Kass, Shuler, Solomon, Spector, Foyle & Singer, P.A. presented the bank's argument. Circuit Court Judge Marc Schumacher granted the Emergency Motion and entered an order cancelling the foreclosure sale and deferring the parties to mediation.

To Review the Court's Order Click Here

* M.L. is a real client. To protect her identify and privacy one of her initials has been changed our client's name has been redacted from the linked order.

Shuster & Saben, LLC, Foreclosure Defense
Miami: (305) 576-8688
Fort Lauderdale: (954) 423-0052
Palm Beach (877) 511-STAY
Stuart: (877) 511-STAY
Melbourne: (321) 549-STAY
www.attorneyforeclosuredefense.com

To See Thomas Willis' Spanish Foreclose Blog Click Here

We are now available for consultation in Boca Raton

For Immediate Release:
Shuster & Saben, LLC, in an effort to better serve its rapidly growing list of clients in South Palm Beach, is now availbale for consultation in Boca Raton, Florida. Palm Beach County homeowners facings foreclosure can meet with an attorney of the law firm of Shuster & Saben, LLC at 595 South Federal Hwy Suite 600, Boca Raton, Florida. We are available for consultation at this location by appointment only.



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 (Brevard County). 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. Treasure Coast residents can reach us toll free at 877-511-STAY.

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