Foreclosure Case Dismissed When Bank’s Lawyer Misses Court.

Sometimes lawyers defending homeowners win cases at trial as a result of evidence obtained in depositions. Banks also lose cases when they are unable to come forward with admissible evidence to prove each element of their case. There is a third way that banks lose cases that very few lawyers on either side ever discuss, and that is lawyer incompetence. That’s right, banks and loan servicers lose foreclosure cases every week because their cases are assigned to massive foreclosure mills where very inexperienced lawyers are assigned hundreds of cases.

On July 14, 2011, our firm obtained a dismissal of a foreclosure action because Chase Home Finance’s lawyer failed to show up for Court. The foreclosure action was filed against our client in 2009. In June of 2011 the presiding judge entered an order requiring the lawyers for the Plaintiff ( Chase Home Finance), the homeowner, and the co-Defendant, City of Palm Bay, to appear at a status conference at 1:30 p.m. on July 14, 2011. At the status conference, firm attorney Richard Shuster was present for our client, the homeowner. An attorney for the City of Palm Bay, per the Court order, was also present, but the attorney for Chase Home Finance was nowhere to be found. After Judge Jeffrey Mahl asked if there were any attorneys from the firm representing Chase, foreclosure defense attorney Richard Shuster moved for the case to be dismissed for Chase’s violation of the Court’s order. Judge Mahl then granted the motion and dismissed the case without prejudice.

Our firm will now file a motion for attorney’s fees on behalf of the homeowner. Chase as the losing party will have to pay the homeowner's attorney’s fees. Our firm’s goal will be to recover money from Chase to reimburse the money previously paid to our firm by the homeowner. Since the dismissal was without prejudice it is possible that Chase will file a new lawsuit against our client. Of course for that to happen the Chase’s law firm will have to tell Chase that the case was dismissed because they forgot to show up in Court. Perhaps this case will slip through the cracks. Our firm defended this case for approximately thirteen months. If the case is re-filed the bank will have to start over from scratch.

Many homeowners think banks are all powerful. While banks have big friends in Congress and the Federal Reserve a chain is only as strong as its weakest link. The bank's weak link is often the lawyer or law firm hired by the bank to prosecute a foreclosure case. Sadly most homeowners never hire a lawyer and give up their home without a fight. Other posts on the blog discuss firm victories at trial and summary judgment. In those cases there was an adjudication on the merits and the bank cannot refile. Those cases were won with hard work, meticulous discovery, and persuasive argument. This case was won because we showed up and the bank did not. This has happened in many cases before. This is just another secret that banks and their lawyers don’t want anyone to know about.

To review a redacted copy of order dismissing the case please clink the link below:

Redacted Foreclosure Dismissal

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, 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.