Posts Tagged ‘david acosta’

THE MOST IMPORTANT FORECLOSURE CASES IN FLORIDA COURTS!

Tomorrow’s Oral Arguments before the 5th Circuit Court of Appeals, beginning at 9:00 a.m. is one of the most important appellate foreclosure cases to be argued in a very long time.

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Along with Verizzo, BAC Funding, Frost and Regions, this case has the distinct possibility of changing the landscape for foreclosure defense not just in this state but nationwide.  Indeed the eyes of the entire country are focused on this important case….and you have the opportunity to see it all go down live.  I am profoundly grateful to the community of foreclosure defense advocates who are fighting to hold the practice of foreclosure law to the very highest levels of professionalism and practice.  It is a tremendous honor to be part of this experience, and I am especially grateful to April Charney, Greg Clark, George Gingo, Randal Reder, Daniel Rock, Dominic Salfi, David Acosta and all the other committed advocates who have supported this effort.

LOG ON HERE AT 9:00 AM THURSDAY MORNING, SELECT LIVE ORAL ARGUMENTS FOR A LIVE STREAMING VIDEO OF THE ARGUMENT

Log on and participate in this fundamental and so very important part of our American judicial experience!

After arguments, I will be again posting all cases relied on and other important documents.  Today I want to share with you an important document that includes many of the most important cases that any advocate needs to know in every single foreclosure case.

This comprehensive share of documents can be found here:

TABLE OF CASES-Weidner (Mortgage)

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Next, here is a very important case that deals with he unfortunate and all too common situation when homeowners working with their lenders to resolve foreclosure and do not participate in their foreclosure case, believing that their loss mitigation efforts count as their response to the case.  A homeowner should be relieved from this error, as indicated in the case here:

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Foreclosure Mediations- Get Ready To Be Part of The Solution!

Supreme Court Foreclosure Mediation Order

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Foreclosure Mediations- What You Don’t Know Will Devastate Your Clients

Every attorney and advocate should be gearing up to actively and effectively participate in the foreclosure mediation programs that are being implemented in circuit court across the state.  Active participation requires that all the players know the rules under which mediations will be conducted.  Effective participation will require the defense practitioner to know how to use the new rules and process to the client’s advantage.  The Supreme Court’s Model Order is found below and is required reading for every practitioner

AOSC09-54_Foreclosures

More importantly click on the work flow chart that is attached below.  I recognize that it is hard to read here, but trust me when I say that it’s worth your time to click on the image to see just exactly what the elements are in a foreclosure mediation.  This chart was developed by my friend and colleague David Acosta at Case Clarity.  I strongly encourage every practitioner and advocate to become intimately familiar with the attached work flow because

If you do not understand each element of the chart below, your clients will suffer

VERY IMPORTANT, CLICK ON THIS IMAGE BELOW TO ENLARGE

(I PROMISE, IT IS WORTH YOUR EFFORT!)

The complexity of this chart illustrates a much larger issue and that is if we the members of the ethical and responsible foreclosure bar do not aggressively participate in this foreclosure mediation process, we’re going to be left behind as courts succumb to the pressures of the foreclosure mills, the Florida Legislature and to the lending industry who have already steamrolled over government and industries at the national level.  Given the immense pressures the foreclosure crisis is causing across the country and especially in this state, it really is a testament to their integrity when our independent and committed judges stand up and provide real victories in the fight to ensure that individuals rights in foreclosure cases are being upheld and respected.  We need to continue to support these judges and continue to provide all judges with real facts and critical information they need to

Ensure Foreclosure Courtrooms Exhibit The Highest Ethical And Procedural Standards Owed to All Consumers

A DETAILED EXAMINATION OF THE FORECLOSURE MEDIATION WORKFLOW WILL BE PRESENTED AT OUR FORECLOSURE WAR ROOM ON JUNE 24TH AT 5:00 PM IN BOCA…BE THERE!

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