Success Stories

Our foreclosure attorneys beat Bank of America in this morning’s foreclosure trial. Here’s the scoop. We propounded discovery requests to the bank, including Requests for Production, Requests for Admissions, and Interrogatories in January 2013. As is usual, we did not get any response. I just love how the banks rush to take someone’s house, but they refuse to follow the rules. Anyway, I digress. When a party fails to answer Requests for Admissions, the requests are deemed admitted pursuant to the Florida Rules of Civil Procedure. So, in this morning’s foreclosure trial, the bank plead a lost note count in their complaint. One of the requests that we asked the bank to admit or deny was that they never really lost the note. The fact that they failed to answer the request means that they admit the note was not lost. Therefore, the bank wold be prohibited from introducing testimony that the note was lost.

So, the bank showed up this morning and filed a Motion for Relief from Technical Admissions asking the court to forgive their mistake and allow the case to proceed without the admissions. Frankly, these motions are generally granted because the law favors hearing cases in the merits, not on technical admissions. After the court heard the bank, the judge asked for my response. I took the court through the whole time line. I explained that our foreclosure attorneys sent the discovery requests in January of this year without any response. When we received the trial order, we asked the bank to provide copies of all trial exhibits pursuant to the trial order. That was about 5 weeks ago. They never gave them to us. So, last week, our foreclosure lawyers emailed them and reminded them that they never responded to discovery nor have they given us copies of the evidence. They finally sent the evidence at the end of the day last Wednesday, the day before Thanksgiving. The bank then comes to court today with the Motion for Relief from Technical Admissions and answers to interrogatories.

I argued to the court that the interrogatory responses were not responses at all, but they objected to every question and did not provide any real answers. I asked the court to consider the motive in filing the motion. Either they actually wanted to follow the rules and ensure my client receives due process of law or they are trying not to get caught with their pants down. I suggested to the judge that it was the latter. If the bank really was making an effort, albeit late, to comply with the rules, they would have answered the interrogatories, not given ridiculous objections, and they would have responded to the Request for Production. If all they did was answer the Request for Admissions, then its clear that they did not respond to discovery in good faith. The court agreed with me and denied Bank of America’s Motion for Relief from Technical Admissions. The case was over at that point and Bank of America dismissed its foreclosure against my client.

Ok, so what’s the moral of the story? Foreclosure defense attorneys need to propound and pursue discovery. We get clients all of the time who are represented by other foreclosure lawyers and come in with trial dates set. When we review the case, we frequently learn that the attorney failed to send discovery request. Tsk tsk. At Loan Lawyers, you will get aggressive representation at a fair price. We can never promise to win a case and every case has different facts, so results may differ, but we promise to work hard and treat your house as if it were our own.

If you are facing a foreclosure trial, please find a real trial attorney with a proven track record of beating the banks. At Loan Lawyers, we will give you a free consultation with a foreclosure attorney in Broward, Miami-Dade, or Palm Beach. Call us now to schedule your free consultation.

Client retained us in June 2013 to assist them in their foreclosure matter. Clients were unsuccessful in getting a modification on multiple occasions. Husband lost his job, which created an enormous negative ripple effect in their personal matters. They desperately wanted to remain in their home after having created so many memories in there, however the bank would not offer them a second chance after the husband was able to gain employment. We were successful in getting this young couple a modification with a principal reduction in the amount of $21,718.66. Plaintiff immediately vacated the final judgment against them and dismissed the action. Clients were extremely excited and laughed and cried tears of joy and relief when they came in to sign their permanent modification documents.

Plaintiff, Nationstar Mortgage, LLC, first filed a complaint against our client R. U. on January 28, 2013. In this complaint, the Plaintiff alleged that they were a holder of the Note and a default date of June 1, 2012. This complaint was voluntarily dismissed by the Plaintiff on June 26, 2013, based upon a “completed loan modification.” The clients never received nor applied for a modification, so it appears that the voluntary dismissal was in error. Despite that, Nationstar Mortgage LLC filed a second complaint on October 31, 2013, claiming again to be the holder and now alleging a June 1, 2013 default date. The case proceeded through normal litigation and eventually proceeded to trial on March 7, 2016.

The primary issue at trial was Plaintiff’s failure to prove standing and the “negotiability” of the note. The original lender was “Amnet Mortgage Inc., dba American Mortgage Network of Florida”. The first indorsement was from “American Mortgage Network, Inc., dba American Mortgage Network of Florida” to Residential Funding Company. Plaintiff failed to provide any evidence of a connection between “Amnet Mortgage Inc.” and “American Mortgage Network Inc.” and how “American Mortgage Network Inc” was authorized to create the indorsement to Residential Funding Company. Although arguments were made about both corporations operating under the same dba, the Judge agreed that they were two separate entities and no evidence was presented as to how the note passed from the original lender to “American Mortgage Network Inc”. The Judge found that the note lacked negotiability, and since the Plaintiff was traveling as a holder of the Note, they failed to prove standing. Defendant’s Motion for Involuntary Dismissal was granted. Another win for Loan Lawyers and our happy client!

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.