The leaders of a growing movement that is dedicated to protecting homeowners who are in foreclosure concluded an important meeting in Boca Raton on Thursday June 24, 2010. Over the next several weeks, important developments from this meeting will be announced including:
Renewed Efforts to Share Legal Research, Pleadings and Case Strategies
Bi-Weekly Conference Calls
Legislative and Political Outreach Initiatives
Trial and Critical Motion Support and Attendance
Appellate Case Development, Drafting and Oral Argument Support
Effective Practice Building Procedures- There are too many consumers that still go unrepresented and this will change. This deprives them of their rights and places additional burdens on our judges. We’re all going to work together to make sure that every consumer has the resources and information they need to fight the critical battles they face.
The list serves and other groups we’re all part of have been absolutely invaluable to elevate the practice of this area of the law, but these new efforts will help us all to take this practice area to a whole new level.
If lenders and their attorneys do not start negotiating in good faith, the next phase of this wave of litigation will be trials. Given the significant evidentiary and other issues that exist, I am convinced that trials will be unwinnable for the majority of foreclosing plaintiffs. The members of the ethical and responsible foreclosure defense bar now recognize that every case must be prepared for trial and appeal beginning with the very first motion filed.
Mark Your Calendars Now, Upcoming Events Include:
Motion to Dismiss/Motion In Liminie/Motion to Substitute Party Plaintiff– The facts in this case and the tactics being developed have application to thousands of cases pending across the state. Members of the defense bar are encouraged to help prepare ahead of time, then come watch these proceedings to see how the tactics can be applied in your cases.
Indymac v. Davis ~ Chambers of Judge Kathleen Hessinger ~ Pinellas County – 7/8/2010 – 1:30
Mortgage Foreclosure Trial- There have been very few full mortgage foreclosure trials in recent history but that’s all going to change in the months and years to come because if lenders refuse to negotiate in good faith, we will be prepared to take these cases to trial. Come watch this trial for insight into the exciting new era of foreclosure defense.
Indymac v. Davis ~ Chambers of Judge Kathleen Hessinger ~ Pinellas County – 7/12/2010 – 1:30
Taylor v. Deutsche Bank Fifth Circuit Appeal Oral Arguments- It is increasingly obvious that many of the complex issues that confront our this area of the law will be resolved not in the trial courts, but in the appellate courts. These oral arguments will be streamed live so even if you cannot attend in person, you will have the opportunity to watch the proceedings live! I’m honored to make these arguments by my friend and fellow warrior Greg Clark. We will be holding several Mock Trials in the next several weeks, so stay tuned for more information about these exciting events as well.
Before the Fifth Circuit Court of Appeals ~ Volusia County- 7/15/2010
We’re all grateful to the Florida Bar for their support and for allowing us to participate in such a meaningful way at our profession’s marquee event. The message has been delivered and received loud and clear- the crucial problems faced by our judicial branch will be solved by ethical and responsible attorneys working together to serve our clients and the courts we serve. If you’re in town today, don’t forget to come by the Foreclosure Hamlet meeting room where hundreds of consumers and experts from a variety of fields will make presentations and present networking opportunities.
