I spend a lot of time on this blog talking about what is wrong and frankly not enough time talking about what things are right. For those of you who seek information about yesterday’s trial, Indymac v. Davis. At this point in time, I can report that the case was resolved in a manner that was agreeable to both parties.
Above and beyond that I want to acknowledge the great professionalism demonstrated by Robert Kahane, Marie Montefusco and Laura Carbo, from the firm of Kahane and Associates. Yes, I am a vocal and frequent critic of much of what goes on in foreclosure cases. Particularly in the heat of battle it may be difficult to acknowledge when good, ethical and professional work is being done by the opponents and their lawyers, but when it is done, it deserves to be recognized and respected. This firm fought hard and tough for their client, and at the end of the day their client and the firm worked very hard to come up with a practical and real world solution.
I especially want to recognize the personal attention and hours of personal attention devoted to this file but Robert Kahane, the lead attorney for the firm. It says quite a bit about the firm when the named attorney personally devoted as much time to a file as this attorney did. The plaintiffs in the hundreds of thousands of foreclosure cases pending across the state would be far better served to have a firm like Kahane’s putting their full weight into the files. The Florida Legislature and courts have devoted millions of dollars and untold resources to establish platforms for the resolution of foreclosure cases…such resolutions are going to be directly dependent upon the lawyers representing both sides to work together for the benefit of both their clients.
I’m very pleased with the outcome in this case, and have learned important life and professional lessons as a result of the experience. I will endeavor to be even more fully engaged and involved in each of my files and devote whatever time it takes to pursue exhaust all settlement opportunities at all times. I will always carefully examine my conduct and that of my attorneys and staff to make sure we are fulfilling every one of our important obligations to the court and to the judges who ultimately supervise these cases. At the end of the day, an advocate has an absolute obligation to earn the respect of the judge and the court every single time he or she appears in the courtroom.
For advocates and clients alike, on a very practical basis, I encourage every one of you to keep very accurate and detailed notes of dates, times and events, especially as it relates to attempts to obtain modifications and otherwise settle. Even if you’ve tried and tried again and again, we’ve all got an obligation to keep on trying. Keep submitting the paperwork, keep making those phone calls, keep responding to every single request from the lender. The requirements that the Plaintiffs in these cases are operating under change on a regular basis and many of the requirements are simply out of their control.
Finally, I want to express sincere thanks to all the attorneys and staff that provided direct and invaluable assistance in this case. Most especially, Mark Stopa and Jon Coats who sat with me through trial. These are two excellent attorneys who practice exceptional foreclosure defense. I also want to thank all the JEDTIS, April Charney and Ice Legal for their input and practical advice.
The fight goes on!
