Lender dismisses case rather than going to trial against firm attorney Thomas Willis.

On Friday, September 16, 2011, Shuster & Saben foreclosure defense attorney Thomas Willis arrived at the Miami-Dade courthouse long before 9:00 A.M. for a foreclosure trial again GMAC, a lender that has since changed its name to Ally Bank. The trial was set before Judge Victoria Sigler. Representing the GMAC was Albertelli Law who took over the case from Florida Default Law Group, P. L. who had previously taken over the file the law firm that filed the case David Stern, P.A. ( David Stern, P.A. was one of the largest foreclosure firms in Florida before in imploded following an investigation into the firm by the Florida Attorney General ).

While Mr. Willis was ready with the firm’s client and the evidence, discovery, and legal research he would need to try the case, when the case was called for trial, Albertelli Law announced that GMAC was not in a position to try the case and dismissed the foreclosure case against the firm’s client. The subject lawsuit against our Cutler Bay, Florida client was filed in 2009. Shuster & Saben began defending the case in early 2010 after David Stern, P.A. set the client for deposition. The lawsuit sought to foreclosure on rental property owned by the firm’s client. While the case was pending the client used a portion of the rental income from the property to pay her legal expenses. The firm successfully stopped the efforts of the bank’s lawyers to win the case by summary judgment. Since the dismissal of the case was without prejudice it is possible that GMAC might refile the foreclosure action in the future. Our firm will now file a motion for attorney’s fees, to force GMAC to reimburse our client’s legal expenses. The firm congratulates our client who had the persistence to fight her case for over two year, and welcomes her to our winners circle of clients who won their cases and have received or will receive money back when the firm assists them in recovering prevailing party attorneys fees from the banks they defeated.

About Shuster & Saben, LLC: Shuster & Saben, LLC is a litigation firm that tries cases against banks and insurance companies. A homeowner who merely wants foreclosure delay, probably does not need an attorney. A homeowner who wants foreclosure defense, should seek out a firm that is winning cases at summary judgment and trial. Our firm’s goal is to prepare each case for summary judgment and trial while negotiating to see if we can obtain a deal that meets our client’s objectives. For more information about our firm and our track record handling foreclosure cases, please e-mail foreclosuredefenselaw@gmail.com or call any of our four office ( Miami, Doral, Fort Lauderdale, and Melboune ). Homeowners in foreclosure may request a free, no-obligation consultation with an attorney.

About Thomas Willis: Thomas Willis is a 1996 graduate of Stetson law school where he was a member of Stetson’s nation championship winning trial team. Mr. Willis has been defending foreclosure for Shuster & Saben, LLC since 2008. Mr. Willis is fluent in Spanish and lived in South America for several years. He has appeared on Univision news casts and talk shows as an expert and panelist on foreclosure law issues.

Shuster & Saben defeats Bank of America at Trial

Firm attorney, Richard Shuster, defeated Bank of America, in a Miami-Dade foreclosure trial. The evidence presented at trial included the deposition testimony of the person who executed the assignment of mortgage and the live testimony of the borrower / Defendant. For our client’s protection the firm did not blog about this victory until the time for Bank of America to appeal expired. Under the legal principle of res judicata Bank of America should be unable to file a new lawsuit against our client. The firm will soon commence action to quite title for our client. It appears that our client's mortgage, that was more than $175,000.00, has been eliminated.

To Review a redacted copy of the final judgment please click the link below:

Redacted Final Judgment

Shuster & Saben is a litigation firm. Lawyers at Shuster & Saben have tried cases to verdict in personal injury, insurance, felony criminal, and foreclosure. Firm attorney Thomas Willis was on Stetson Law School’s national championship trial team. Micheal Fischetti is a former Broward County public defender. A firm’s trial experience is one of the factors a homeowner should evaluate when considering a foreclosure attorney. To find out more about our firm, its lawyers, and why we are different please visit our firm’s website at www.attorneyforeclosuredefense.com.