New Video: Continuances in a Foreclosure Defense Case

Three Year Old Foreclosure Case Settled with Short Sale

When the recession of 2008-2010 hit, a young Florida mom’s employer closed and in a short span of time she faced financial hardships of both unemployment and divorce.  In her divorce she kept the family home in Palm Bay, Florida.  Unfortunately, the value of the property fell more than 60% when the local real estate market collapsed.  She now owed nearly $150,000 on a property worth less than $50,000 and her limited income from unemployment was insufficient to pay her mortgage.  When Space Coast Credit Union filed a foreclosure action against her in 2009, the homeowner traveled to a legal aid office in Daytona Beach where a legal aid lawyer helped her draft a do it yourself ( Pro Se ) Answer. 

The homeowner originally obtained the loan on her home from Space Coast Credit Union ( SCCU) who in turn sold the loan to the Federal National Mortgage Association, also known as Fannie Mae or FNMA.  In 2009, SCCU filed a foreclosure action against the homeowner which she defended herself through 2009 and part of 2010.  In 2010, the homeowner found a job as a legal assistant and attempted unsuccessfully to modify her mortgage.  In 2010 after mediation was unsuccessful and Space Coast’s lawyers filed a motion for summary judgment the homeowner hired Melbourne Florida foreclosure defense attorney, Richard Shuster, to defend the foreclosure action.

Shuster & Saben defended the foreclosure action for two additional years during which time the homeowner made no mortgage payments.  During the three years that the client made no mortgage payments she was able to use the savings to provide for her family, and later after finding employment, to replenish her savings that were wiped out by unemployment and divorce. 

Shuster went on the offensive in the foreclosure action and deposed Space Coast’s corporate representative.  The firm hoped to win the case under a theory that the proper plaintiff was Fannie Mae the loan owner and not the loan Space Cost the loan servicer.  The firm used testimony from the deposition to defeat Space Coast’s motion for summary judgment. Unfortunately, the Court denied the motion for summary judgment the firm filed on behalf of the homeowner.  Since the Court denied both sides’ motions for summary judgment the case would ultimately have to be resolved by trial.

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