Firm attorney Richard Shuster |
Our firm won the case on two separate issues: First because the original note had an
endorsement that was not contained on the copy of the note attached to the
complaint the Court sustained our objection to the original note being admitted
into evidence. The Court also
agreed that the notice of default sent by SunTrust was legally inadequate and
did not comply with paragraph 22 of the mortgage. After the Plaintiff put on their case at trial and rested,
firm attorney Shuster moved for involuntary dismissal, which the Court
granted.
Our clients in this matter are a Space Coast family with
school age kids that suffered the loss of a good job due to disability. Our client’s household income
after the job loss, is less than half the amount necessary to qualify for loan
modification. Had our firm lost
the trial our clients were at risk of being homeless. As with every trial, our firm was All In. We conducted extensive discovery,
deposed the corporate representative who testified at trial, and searched high
and low to find weaknesses in the bank’s case. The night before the trial, our client got an E-mail, just a
few minutes before midnight to let him know his lawyer was finally going home
and was ready. Thankfully our
efforts paid off.