Friday, November 22, 2013

Fighting Through the Fast-Track

During the past year, the circuit judges throughout the State of Florida have received immense support (and pressure) from the Florida Supreme Court to move foreclosure cases forward and clear the dockets. Such pressure has not only created a strain on the judiciary, as well as the banks and homeowners involved in foreclosure actions, but the very rules of law by which we are all guided have been abandoned and disregarded by the banks, their law firms, and, at times, even the judges who run the foreclosure divisions. 

Bruce S. Rosenwater & Associates has experienced this pressure first-hand, with several of our clients being forced to trial by the circuit courts. Instead of conceding to the pressure, the law firm of Bruce S. Rosenwater uses the court's fast-tracking to our advantage. One might think that rapidly proceeding to trial is the worst case scenario for a homeowner in foreclosure. The rationale being that this is the end of the road for them, or the last piece of the foreclosure puzzle that finally dispossesses them of their only home. 

We're of a contrary belief. If you think about it, it makes sense that putting foreclosure cases on a fast-track to trial is just as bad for the banks as it is for homeowners. There's a reason these foreclosure cases have been lingering for several years -- the banks and their attorneys, more often than not, are unprepared to present their case at trial. Maybe they don't have original loan documents in order, or they may not know where such documents are located, or who now has the authority to enforce them (this is why we often see last-minute motions to substitute party plaintiffs or motions to amend complaints). 

Using the fast-track to our clients' advantage has been somewhat of an ace-in-the-hole for Bruce S. Rosenwater & Associates. Since many foreclosing plaintiff's are often unprepared to proceed to trial, we find that this is the ideal time to negotiate beneficial settlements for our clients. Over the past few months alone, we've negotiated several favorable loan modifications for clients wishing to remain in their homes. For other clients who wish to leave behind a severely over-financed home, we've negotiated successful short sales and cash-for-keys settlements. 

If a bank is unwilling to over acceptable settlement terms, we'll gladly proceed to trial. Remember, in many cases, this is not what the bank wants. Bruce S. Rosenwater & Associates will develop a pretrial strategy tailored to each individual client. We'll put pressure on the banks with pretrial motions and hearings. We'll examine the entire history of a case, make note of the bank's weaknesses, and implement a plan of attack for trial. Our pre-trial and trial strategies have resulted in dismissals and awards of attorney's fees for our clients. 

Of course, there are times when the rule of law in foreclosure cases is not followed or applied appropriately. For instance, a case may be scheduled for trial without being at issue, or a judge may grant a final judgment of foreclosure for a bank who presented inadequate testimony at trial. We won't give up on these cases, and we won't stop fighting for your rights. When a case is ripe for appeal, we're prepared to defend our clients' rights throughout the appellate process. 

If you're a homeowner in foreclosure, the fast-track to trial might seem intimidating. We're here to provide the comfort of diligent and experienced representation in foreclosure actions. We're here to put the pressure on the banks, making them prove their case at trial. We're here to fight for you, through the fast-track. 

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