Foreclosure Defense FloridaGeneral Information

I am Convinced The Banks Cannot Win Foreclosure…..

All foreclosure cases should go to trial.

I am convinced that the banks cannot win if they try to go to trial.

But we prepare extraordinarily heavily for one of these trials…..

WHEN THE RULES OF EVIDENCE AND PROCEDURE ARE APPLIED THEY CANNOT WIN!

10 Comments

  • J. R. Homeowner says:

    The banks already know they cannot win at trial.

    Some time ago you post the 2010-2011 foreclosure report for all Florida courts. One complelling statistic that jumped out from that report was that LESS THAN ONE PERCENT of all forclosure cases for that entire year went to trial.

    Considering that the same report showed that dismissals vs summary judgements were almost evenly split, one would have to assume that a competently defended foreclosure case almost never gets all the way to trial in Florida before the bank settles with the homeowner.

  • satish shetty says:

    I agree. There is no way the pretenders can win if we take them to trial. Rules of evidence and procedure will be applied and they just cannot win. I recommend that anyone interested in taking a case to trial should start work in advance and be prepared long before a suit is commenced. In fact have all admisible evidence in hand including statements in writing from pretenders and associated parties to be used against them. Make a record of everything and possess directed evidence (evidence you specifically seek). Bankruptcy cout being the best forum.

  • PATRICK FARRELL says:

    Hello Matt,
    I read your blog daily and agree with everything you say. You have the same understanding [stand under the law], I have been suing GMAC, Wells Fargo and IMPAC since Nov.2007.They responded with a 4 close suit and failed. I have lived here for 55 months without paying mortgage due to them stealing my $18,000 deposit at closing, then illegally charging me $7,000 for forced placed insurance even though I paid ins. and they admitted to it.Falsus in uno, falsus in omni.
    So now a trial is set for later this year. I know far more than most people,and can only hope that a common sense jury sees the common theft at the core of my case. Good luck as this place is going to hell.

    • Char O'Donnell says:

      I am in FL, fighting a foreclosure with Chase (formerly WaMu) for 3 years. I was granted a mediation by court order 2 years ago; the lender did nothing, now they have proceeded to get a signed order (with no notice or hearing) from the same judge(!) setting a foreclosure sale for Feb. 14, thereby denying me my right to mediation. I notified the court of this “error” (the lender’s attorneys obviously deliberately neglected to inform the court that I am already working with the Collins Center toward a mediation), but the court will not vacate the order — forcing me to file a Motion to Vacate. It appears that although the law is on my side, the court is not.

      Note that the lender’s lawyers did not have to ‘follow the rules’ to get what they wanted. They are all a bunch of shysters! You can’t imagine what they have put me through for the last 3 years (lying in a modification agreement, breaking into my home and changing the locks, harassing me mercilessly — I want to sue them for bad faith, but cannot afford an attorney. (I was downsized from an executive position running a real estate investment/management company — a job I am obviously not able to replace in this market. That is the only reason I am in this position. I have paid off 3 mortgages in the 10 years I have lived here.)

      I need legal help, but don’t know where to find it. I have called everyone I can think of — just the usual runaround. What they are doing is completely illegal — they cannot set aa foreclosure sale when you are in mediation — but so what. They are proceeding anyway.

  • Grady says:

    True but for many, including myself, money to fund the defense is a big issue.

  • JohnR says:

    I agree Matt… but even after collecting all the evidence, the pertinent and relavnat laws, staying within the “rules” of the local Court, I still lost my home! Lot’s and lot’s of evidence of fraud and the Plaintiff’s never ever had to answer any of my counterclaims. The judge couldn’t of read my pleading.. they just ruled against me and that was that!

    And I know you’ve seen this down in Florida too. I’m in Ohio!

    The judge’s either don’t understand the rules, are already bought out (however that could happen) and are colluding with the Lenders or they are prejudiced against the homeowners, or maybe even something else but whatever… justice isn’t happening in our Courts!

    But keep up the fight, I’m preparing my appeal… I’m not stopping.

    I may be living in a 30 year old motorhome in a Barn in Ohio (very chilly) but I’m not gonna stop. That’s not what this Country is about in my eyes.

    And I implore everyone… if a deposit was accepted into the Trust holding your Mortgage, after the “Cut-Off Date” of the Trust which is usually 90 (sometimes 120) days after the Tust was created, then that deposit was accepted PAST the Cut-Off Date for Deposits which is a violation of the Trust’s Agreement (within the Pooling and Servicing Agreement (PSA))and the SEC needs to be told. They have a new Whistleblower program on their website… so everybody… it pays to blow the whistle!!!!

    • it’s a bad world out there….and it takes good attorneys to make the arguments….and then we lose with some frequency…..

    • Michelle says:

      John, I am right there with you. I live in Ohio also and my experience with this issue has been upsetting to say the least. I realize how innocent we all were, believing that we were going to be treated fairly by the banks. It is so sad to see everyone who was so excited to move into their home and establish a life end up here, wondering how things ended up this way and what their future holds. Stay strong! Good will ALWAYS overcome in its own timing.

  • JoAnna Jensen says:

    Hi Matt,

    I work in CA and Im a contract virtual assistant. I help homeowners who are facing foreclosure the attorneys I work for (2) dont follow the same theories as I do and apparently you do as well.

    Can you file lawsuits in Federal court based on diversity jurisdiction for a CA homeowner?

    I get calls from homeowners all over to stop ther foreclosure, do a short sale or short refi.

    Let me know if this could work or if your too busy to consider.

    JoAnna Jensen
    925 699 5041

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