Success Stories

The Loan Lawyers trial team won another foreclosure trial in Broward County, this time against Citibank. This one was especially sweet because this bank decided to hire real trial attorneys from a big powerful law firm to beat us. The point is that these lawyers are not used to losing trials, much less foreclosure trials. Well, the Loan Lawyers foreclosure defense team did it again and won.

This case centered around whether our client ever was in default. The bank was pulling a forced place insurance scam on the clients. At trial, they could not substantiate that the forced place insurance was proper and that it was properly billed to our client. I was able to establish that my client was making the principle and interest payments as required.

The court ultimately agreed with me and ruled in our client’s favor. This was another great win for us. I tip my hat to my team who helped put this foreclosure case together.

If you are behind on your mortgage, whether you have been served with foreclosure papers or not, do yourself a favor and get a lawyer who knows what they are doing. The reality is that many lawyers botch these cases and put their clients in bad spots. You need to find a lawyer that goes to trial and has a track record of success. Respectfully, I believe that Loan Lawyers fits that description perfectly. I blog frequently about results we obtain for clients. Now, the facts of every cases are different and there’s no guarantee of any particular result, but how many other foreclosure defense websites post trial victories.

Our foreclosure defense lawyers offer free consultations in Miami-Dade, Broward, and Palm Beach counties. Call us now to schedule your free consultation.

There has been a lot said recently about a Plaintiff who has a “blank indorsement” on the Note. Banks tend to hang their hat on the idea that with a blank indorsement, a judgment of foreclosure is virtually guaranteed. However, when it comes to proving who can enforce the Note, a blank indorsement isn’t the end all be all of proving standing.

I recently attended a trial on behalf of our clients where standing was one of the main issues for the Judge to consider. In this case, the original lender was “Amnet Mortgage Inc., dba American Mortgage Network of Florida”. The Note contained a blank indorsement, but one of the critical questions the court needs to find when looking at indorsements is how was the note negotiated – meaning how did the note transfer from one entity to the next. In this case, the next indorsement on the Note was from “American Mortgage Network, Inc. dba American Mortgage Network of Florida”. There are two separate corporation – Amnet Mortgage Inc. compared to American Mortgage Network Inc. Granted, they both appeared to be doing business as the same entity, but at the end of the day, one corporation created the note, but a different corporation was attempting to indorse/transfer it away.

In order for the plaintiff (in this case Nationstar Mortgage) to prove they could enforce the Note, they not only needed to prove they had the Note with a blank indorsement, but that the Note itself was transferred properly from the original lender. Since the only entity that could transfer the Note was Amnet Mortgage Inc., and American Mortgage Network tried to transfer the Note, the chain was broken. Without this critical link, it wouldn’t matter that Nationstar held a Note with a blank indorsement. The blank indorsement was invalid because the transfer of the Note from the original lender was incomplete or broken. This defect proved fatal for the Plaintiff and the Judge granted my motion for involuntary dismissal, resulting in another win for Loan Lawyers and their client!

Contact Loan Lawyers today to discuss the particulars of your loan and let us help find ways to keep you in your home.

This is amongst the best mortgage modifications I’ve ever seen. This foreclosure client has not made a payment to the bank in almost five years. Our foreclosure attorneys have been fighting the bank in court since 2009. Nationstar Mortgage finally relented. The original mortgage was for $310,500. The balance on the mortgage prior to the modification was $435,828.20 after 5 years of no payments, interest, attorneys fess, etc…

The new principle balance after this modification is $113,849.20. That is not a typo, the new principle balance is about 1/3 of the original loan amount. The principle and interest payment went from $1,267.59 to $353.05. Remember, this is after living in the house without making a mortgage payment for 5 years. Our foreclosure attorneys and loan modification paralegals earned their keep on this one.

Short of having a mortgage wiped away completely, it does not get any better than this. To say this client is happy would be an understatement. The facts of every case are different and past results don’t guarantee any future outcome.

If you are facing foreclosure, don’t go at it alone. Loan Lawyers is here to help you, but you have to take the first step. You need to call us to schedule a free consultation with one of our foreclosure attorneys. We see clients in Plantation/Fort Lauderdale, North Miami Beach, Delray Beach, and Coral Gables. Call us now to schedule your free consultation with one of our foreclosure attorneys in Broward, Miami-Dade, or Palm Beach.

If you regularly read our blogs you might recall last month an entry about how we beat a debt-buyer who sued our client for nearly a hundred thousand dollars. So this is not a repeat, we just resolved another case for our client of nearly a hundred thousand dollars. Another one of our clients was the subject of harassment by debt collectors and we were ultimately able to obtain a result for our client essentially eliminating the debt. As in the last case, this creditor was also a debt-buyer, a company that buys old consumer debts and then tries to intimidate members of the public into paying. Such companies are structured around the fact that most people won’t ever hire a good attorney to fight back.

If you are the subject of harassment by debt collectors and if they sue you, the very worst thing you can do is to do nothing. If you do nothing you will almost certainly obtain a default judgment and lose the case. The fees that our office charges are quite modest and any good attorney should offer you a free consultation which will cost you no more than your time. Even if you think your case is hopeless or even if you don’t think you can afford to hire an attorney, go to speak to one anyway, you might be surprised at what they can do to help and you may have legal claims you did not even know existed. Two cases of nearly a hundred thousand dollars were resolved recently, yet neither of our clients would have had such a resolution if they did not contact a lawyer. Be it us or another law firm, the worst thing you can do if sued is to do nothing and simply lose, contact a lawyer and get some help.

Loan Lawyers has helped over 5,000 South Florida homeowners and consumers with their debt problems, we have saved over 1,800 homes from foreclosure, eliminated $100,000,000 in mortgage principal and consumer debt, and have collected millions of dollars on behalf of our clients due to bank, loan servicer, and debt collector violations, negligence and fraud.

Contact us for a free consultation to see how we may be able to help you.

Results may not be typical. You may not have as beneficial a result.

Another great score by the Loan Lawyers team. This client’s principle went from $340,749.75 to $91,389. That’s huge. While no one is guaranteed a result like this, if you don’t have a foreclosure defense lawyer that knows what they are doing, you have little chance of a result like this.

At Loan Lawyers, we handle bankruptcy, short sale, foreclosure defense, loan modification, and suing the bank. We meet with clients in Broward, Miami-Dade, and Palm Beach. All of our lawyers are trained to properly advise clients on how to best achieve their goals.

If you go to a foreclosure lawyer that does not practice in all of these areas, that lawyer may not be well versed enough to properly advise you on all of the solutions to your foreclosure.

We offer free foreclosure defense consultations and we also handle our plaintiff’s consumer cases on a contingency fee basis, which means no fees or costs unless we obtain a recovery for you on that case.

Our client retained our firm to assist them with a mortgage foreclosure lawsuit. Our firm zealously advocated for our client and defended the foreclosure case. However, during the litigation of the foreclosure case the mortgage servicer continued to send mortgage statements to our client every month, in contravention of the Fair Debt Collection Practices Act and Florida Consumer Collection Practices Act which provide that persons known to be represented by counsel should not be contacted regarded the debts for which they have representation. We filed a lawsuit against the mortgage company. The mortgage company attempted to have the case dismissed however after the Court denied their motion to dismiss, they ultimately decided to settle the case for $5,500.

What a great way to end the year for our South Florida foreclosure attorneys. We had our last foreclosure trial of the year. It was against BSI Financial Services in Broward County. This is the second time we beat this bank at trial in the last couple of months. They have not beaten us at trial yet. The bank’s law firm was Greenspoon Marder. They have a reputation as a quality law firm in the community. I won’t name the attorney who tried the case because I actually feel for her, although after she called me “slimy” before trial, I should name her.

Prior to the foreclosure trial, the bank offered to allow our client to stay in the house for 120 days, waive the right to collect the deficiency from the client, and would give her $8,000 to move. My suspicion is that almost all foreclosure defense attorneys would jump at that deal. That because many foreclosure lawyers do not go to trial for their clients. I don’t think many foreclosure defense attorneys would have the guts to turn that down. When I first arrived in court, the bank lawyer told me that now they are offering my client nothing because we did not jump at her offer sooner. I told her we are not interested in anything other than having our day in court.

The bank initially filed its foreclosure lawsuit swearing under oath that they lost the note. Forty-eight hours before the trial, the bank drops its lost note count. I asked for a 60 day continuance of the trial to ask for additional time to conduct discovery about the circumstances of this mysteriously found note. The court agreed and gave the continuance. As I was writing up the order, the bank’s lawyer came over to me in a packed courtroom and called me slimy loud enough for many people to hear. She was ranting and raving about me asking for a continuance. She wanted to go back up to the judge and re-address it. When we got up there, I was getting so annoyed by this bank lawyer, I told the judge that I no longer wanted a continuance and I wanted to be the first case to go to trial. This may be one of the first times a foreclosure defense attorney went back on his request for a continuance after it had been granted. So, we got sent upstairs for trial to a different judge.

Then, the fun started. I do not think that the bank could have done a worse job putting on their case. For starters, they did not bring the original mortgage. While the law does not require an original mortgage to be introduced into evidence at trial, the bank must be able to authenticate a copy of the mortgage before it can come into evidence. Authentication means that the witness must be able to testify that the mortgage is a true and correct copy of the original or they must have a certified copy. Well, the copy of the mortgage was not certified so that option was out the window. The comical part of this was that the copy of the mortgage they brought was missing pages 5 through 15! I can honestly say that I say that I have never seen that before. The bank lawyer and the bank representative were stunned by this. Obviously, the judge did not allow this mortgage into evidence. If the bank lawyer was smart, she would have dismissed this foreclosure case right there because she can’t win without a mortgage. Stubbornly, she pressed on and it never got any better for them.

The bank lawyer tried to introduce the default letter and the payment history from the prior loan servicer into evidence. She fell woefully short of getting past my hearsay objection. The judge kept these records out of evidence pursuant to the Fourth District Court of Appeals cases on Yang and Glarum. This argument is a post unto itself, so I’ll give the gist of the argument. Basically, a current loan servicer can not normally lay the foundation for the the introduction of the prior loan servicer’s records. Thus, these records were not allowed into evidence. The show was over at that point, but the bank kept pressing on and actually allowed the court to issue a final judgment in my client’s favor. That was a huge rookie mistake. Now, my client has a final judgment in her favor. She should have dismissed and re-filed the lawsuit. The bank lawyer was actually surprised that she did not win after all that.

Now, I wanted to go up to her after the trial and say something like “That continuance looks pretty good about now, huh” or maybe “Not too shabby for a slimy lawyer”, but I tried not to allow my ego get in the way. She was licking her wounds enough and she learned a valuable lesson.

Moral of the story??? If you are facing a foreclosure trial anywhere in Florida, you need an attorney with the guts, the knowledge, and the experience to go to trial for you. It is highly unlikely to get this type of result if you don’t have a lawyer who knows their way around a courtroom. Now, the facts of every case are different and no specific outcome is guaranteed.

If you are facing a foreclosure, don’t face it alone. Put the Loan Lawyers team behind you. We offer free consultations with our foreclosure lawyers in Broward, Miami-Dade, and Palm Beach counties. Call us now, don’t delay. (844) 344-4813

Our client hired us to assist them in fighting a credit card lawsuit. The balance of the alleged debt at the time a case was finally filed against them was the better part of fifty thousand dollars. We prepared a defense and counter-sued the creditor alleging violations of consumer protection laws, specifically the Fair Debt Collection Practices Act. Shortly before a critical hearing which may have decided the outcome of the case, the creditor offered to drop all of their claims against our client, if our client agreed to drop their lawsuit against the creditor. Our client agreed, saving the better part of fifty thousand dollars in the process.

A homeowner came to Loan Lawyers after the bank already had a foreclosure judgment against him and had a scheduled sale date on his homestead property. Understandably, the client was anxious at the prospect of losing his home. After reviewing the homeowner’s income, expenses, debts and assets, we began to strategize on how to save his home.

Loan Lawyers filed a chapter 13 bankruptcy on behalf of the homeowner to stop the sale of his home. In a bankruptcy, we take a holistic approach in an effort to alleviate the debtor’s outstanding debt to allow the proverbial fresh start. In this case, in addition to the first mortgage judgment, the client had a second mortgage which was in default and outstanding credit card and medical debt.

The process of obtaining a mortgage modification can take several months. While we were working on the modification, we filed a motion to value the second mortgage. This allowed our client to remove the second mortgage’s lien against the property and treat their claim as an unsecured creditor. About eight months after filing the bankruptcy, Loan Lawyers was able to obtain a modification on the first mortgage.

At this point there were still some loose ends to tie up. A couple of his unsecured creditors filed proof of claims on debts that were beyond the statute of limitations. Loan Lawyers turned the tables on these creditors and sued them for violating the Federal Debt Collection Practices Act (FDCPA) and was able to recover fees for the client. In short, this client went from days away from losing his home to obtaining a modification, removing his second mortgage (assuming he completes his bankruptcy) and successfully suing his creditors for violating collections laws.