Next Thursday, July 15, 2010 the elder statesman of foreclosure and title law problems, Clearwater attorney Greg Clark and myself will be arguing a very important foreclosure defense case before the 5th District Court of Appeals in Volusia County, Taylor v. Deutsche Bank. Bookmark the 5th DCA site here and make plans to log in to watch the arguments LIVE!
Click on this link for a list recent oral arguments and a very interesting foreclosure case, U.S. BANK v. BJELJAC, ET AL. to get a feel for how tough oral arguments are.
Another very recent argument that came out of the 5th DCA, is SHEPHEARD v. DEUTSCHE BANK TRUST where the 5th DCA slammed attorneys for the foreclosure mills and ruled that the homeowner defendant was entitled to prevailing party attorney’s fees in that case. Click on the link above for case law and arguments and link below for the reported decision:
As we’ve seen from the string of appellate court opinions recently been released from circuits across the state, especially Riggs, Verizzo and BAC Funding, trial courts are now paying close attention to the details contained within the documents on the cases before them. The Taylor case illustrates several of the key issues that we all need to be concentrating on. FIRST MAKE SURE THAT YOU HAVE A COURT REPORTER AT ALL HEARINGS. You must have an accurate and clear record of every development in every case. Next, do not assume that the circuit court understands the unique and specific issues in your case, make sure your issues are clear, distinct and preserved for appeal if things do not go in your direction. Finally, the specific technical issues at play