While our firm has won a large number of foreclosure trials,
firm associate Purvi Patel recently won a trial in Vero Beach in a most unusual
fashion. At the client’s scheduled
trial in January of 2014, counsel for the Plaintiff, U.S. Bank failed to appear
for the scheduled trial at the Indian River Courthouse. After U.S. Bank’s counsel failed to
file a witness list as required by Court order, the firm became aware of the possibility
that neither a witness nor a lawyer for the bank would be present for the
trial. The firm still had to
prepare the case with the expectation that the bank would be present and ready
for trial. When the bank and their
counsel failed to appear foreclosure magistrate Julie Oldehoff, did not require
our firm to put on its case, instead the case was dismissed for the bank’s
failure to appear at trial.
Following dismissal of the case the firm filed a motion for attorney’s
fees and will seek to obtain a recovery from the Bank to reimburse our client’s
legal expenses.
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| Except from Order Firm Associate Purvi Patel |
Shuster & Saben understands that when we can stop a bank
form winning its case by default or summary judgment, to only remaining way for
the bank to take our clients home is by trial. Trial involves real risks for banks that might be unable to
prove an element of their case.
Banks also lose trials when they overlook procedural errors. When faced with an aggressive, diligent
and persistent defense, a bank will have more opportunities to make
mistakes. With focused attention
to detail, our firm tries to catch every mistake and convert such mistakes into
dismissals, trial victories, or into leverage to achieve substantial principal
reduction settlements.
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