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.
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