Firm wins Two Foreclosure Cases in 24 Hours

Thanks to the efforts of the Miami and Melbourne offices of Shuster & Saben, two of our clients no longer have foreclosure lawsuits pending against their homes. On Thursday, October 28, 2010, Thomas Willis of the firm’s Miami and Doral offices was in at the Miami-Dade Courthouse for a status conference and docket sounding in a foreclosure case that the firm has defended for nearly two years. The status conference hearing was set on the Court’s own motion and attendance was mandatory for the attorneys for both sides. The bank was represented by a large “foreclose mill” whose lawyer failed to appear. The Court then granted our firm’s oral motion to dismiss the case for the bank's lawyer's failure to attend the Court ordered hearing.

On Friday, October 29, 2010, Richard Shuster of the firm's Melbourne office was in court in Brevard County on a motion to dismiss filed on behalf of the firm’s Cocoa, Florida client. The client came to the firm when his case was approximately a year old. Firm attorney, Richard Shuster, noticed that there had been no activity in the case for over ten months. The firm accepted the case and waited an additional six weeks until there had been a year and a day since the last record activity. Once the bank’s law firm, went over a year without any record activity, Shuster & Saben moved to dismiss the case for lack of prosecution. After our motion was filed the bank discharged their counsel and hired new attorneys. The new attorneys argued that the file should not be dismissed because the case was in a “loss mitigation hold.” The Court rejected these arguments and dismissed the case.

In both of the above cases the firm will now seek attorney’s fees against the bank. If the firm, on behalf of our clients, recovers attorney’s fees from the banks most of the fees recovered will go to our clients to reimburse their legal expenses.

About Shuster & Saben: Shuster & Saben, LLC is a litigation firm that defends foreclosure cases from the firm's four offices located in Miami, Doral, Plantation / Fort Lauderdale, and Melbourne. We believe that going to Court in person (instead of by phone) makes a difference. This is why we have multiple offices and do not take cases in Tampa, Jacksonville, the Panhandle,and other places that are to far to reach from one of our offices. If we can't help you we won't take your case. If you live in an area where we do not practice we can tell you who in your area fights foreclosure cases with skill and passion.

Firm Saves Another Homeowner

Shuster & Saben has saved yet another Miami Homeowner from Foreclosure. On July 31, 2009, our firm appeared on behalf of a South Florida homeowner who had failed to serve an answer to the lender Deutche Banks’ complaint for foreclosure. Prior to our firm being retained the lender obtained a default against our client and an order granting the lender’s motion for summary judgment. By the time our firm was retained the Court had already entered a final judgment of foreclosure and set a sale date.

Our client advised that she was unaware of the foreclosure action against her until she consulted a Realtor about a short sale of the property only to find out from the Realtor that the Court had entered an final judgment of foreclosure and had set a judicial sale date for mid August. Immediately after our firm was hired we prepared a verified (notarized) affidavit to quash service of process. The affidavit set forth the testimony of the homeowner that she was never served. After the lender’s counsel, David Stern, P.A. failed to refute our client’s affidavit with record evidence., the Court granted our motion to quash service, vacated the summary judgment and canceled the judicial sale. The lender will now have to start the case over again from the beginning by properly serving the homeowner. This time our client will have an aggressive legal defense. As of the today, our client has still yet to be served.