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Foreclosure Defense Florida

A Collection of Court Orders and Opinions That Every Advocate MUST READ!

Remember the old days when you’d thumb through some old albums and play some songs that were really, really great?

Well earlier today I was cruising through my hard drive and I came across several Orders, Opinions and Articles that struck me again as being very significant and valuable.   I’ve picked out several here that I wanted to share once again with the class.

Now I’ve taken special notice of just how fortunate I am to practice law in one of the circuits in Florida where the judges really are reading and applying the law.   I’m reminded of two things. First, this circuit got this way because dedicated, brilliant and principled foreclosure defense attorneys put principles ahead of profit and spent incredible amounts of time researching and presenting cases to thoughtful judges who cared more about the long-term consequences of their decisions than simply trying to “clear their dockets”. Next, after meeting with attorneys from other circuits around the state, I’m reminded how far we have to go.

The same laws and principles that are fairly applied in this part of the state should be applied in every circuit….it’s up to you attorneys and advocates practicing in those circuits to double down your efforts, dig into the case law database fight to bring order and consistency to foreclosure courts across the state.   Order court reporters for every hearing, make sure the following cases are cited in your motions and know these cases inside and out.

bacfunding This is the case that every advocate should know by heart and be prepared to quote line by line. The important thing to note from this case was that while the case is reported as a Summary Judgment case, the opposition issues are actually raised in the Defendant’s Motion to Dismiss…be prepared to make this distinction when you cite this case in Motion to Dismiss hearings.   As additional support, take a look here at the bacinitialbrief …it provides additional details you will need to share with your more skeptical judges that cases should be dismissed prior to the Summary Judgment stage.

verizzo Plaintiff’s are way too sloppy with their evidence…read this and don’t let them slide one inch.

capacity My favorite opinion, because I caught the issue first..you CANNOT lose if you plead it correctly and argue it with the facts of the case.   A sample of the motion is here…..capacitywasylik

rogers Another one of my favorite opinions…and probably the one I fought hardest for…..it’s an issue that I caught early on and got published as a result…apply the facts to your own cases and fight hard!

Know these cases and make sure you share your good results with the class!

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