Wanna Fight, Huh? FIGHT ME!
Cross-posted from the Law Offices of Evan M. Rosen
Just left another foreclosure trial. This is the second case in a row in which I show up to court, ready to go, only to face a bank that is extremely eager to settle. With a look of hopeful anticipation that I’ll accept, today’s lawyer and bank witness’s initial hello was immediately followed by an offer to not pursue a deficiency and to extend the time for the sale. I am ethically obligated to pass this on to my client and he was eager to accept. The house is an income property and it’s vacant. He just wants to put this behind him. In other cases, we’ve been offered money, principal reductions, loan mods and short sales.
Maybe today’s lawyer and witness knew what I knew about how bad their chances of winning were, maybe not? I was told by the last lawyer who made a pre-trial offer that my reputation as a trial lawyer has made their witness very uncomfortable and they didn’t want to go forward. The other day I ran into a witness from a case we won a few months back. He told me that after losing at trial with me based on a simple evidentiary issue, the bank made him take a one month break from trials. He thought for sure he was fired. While in court today, I saw another bank witness from one of my trials who no longer works for the bank but instead is doing legal staffing now. Not sure what happened to him that caused his career change.
I left today with conflicting emotions. I was happy that our client’s goals were met. He got out. He’s getting rid of an empty house full of liabilities. He does not owe any money to anyone on it and since I witnessed the original note be surrendered to the court, marked “CANCELLED” at my insistence, he has no concerns about this debt resurfacing in someone else’s hands. However, I was ready to fight – as always, really ready! So to walk away, even with our client’s goals being met and my receiving his expressions of gratitude, I still felt a bit of a let down. Was all of that hard preparation for naught or has all our preparation in this and other cases led to our cases being treated a bit differently?
Regardless, in the end, knowing that we helped our client is more than enough for me. The emotions I felt today reminded me of a line from a movie, Police Academy. I wasn’t sure which one it was but a quick Google search helped me find out. Anyone remember the character from Police Academy who made all the sound effects. How about his Bruce Lee sounds? The line, “you wanna fight, huh? FIGHT ME!” is all I can think about hours after I left that courtroom. I want to fight, for my clients, in court, but lately it feels like no one wants to fight me….
Enjoy the clip from Police Academy 2 below…
~
If you are in South Florida and are looking for help with debt, foreclosure, real estate or want more information about bankruptcy law, call (754) 400-5150 or fill out the online form for a FREE CONSULTATION. Let the lawyers and staff at the Law Offices of Evan M. Rosen serve you!
The Law Offices of Evan M. Rosen is a debt relief agency. In addition to other legal services, the Law Offices of Evan M. Rosen help clients file for bankruptcy relief under the Bankruptcy Code.
~
Why isn’t THIS your top story:
TALLAHASSEE, Fla.: Bills signed to speed Fla. foreclosures, evictions | State | Bradenton Herald – see article at:
http://www.bradenton.com/2013/06/07/4559006/fla-gov-signs-foreclosure-and.html
seriously? I was approved for a short sale, THEN I was introduced to the possible fraud in my case-short sale has been shut down and now to the foreclosing attorney-demanding a validation of debt FOR THE SECOND TIME. the first was inconclusive and INCOMPLETE. chain of title broken, MRS involved, duel tracking….(short sale was commensing AND FORCLOSURE DATE WAS GIVEN AND AUCTION DATE…the list goes on….praying justice and truth prevails!
Hi blueeyes, same here. what made me decide to stop the continuous applications for hamp loan and have the banks prove standing in foreclosure was the fact that people were being approved for trial hamp modifications. paying for 3-24 months and then getting a denial in the mail. i paid for a “IN house” wells fargo modification. i paid 5 payments all paid over the phone. no monthly statement. (next time always get a statement , but there will not be a next time0 i was just all to happy to save my home. i was also dual tracked, no recorded assignemnts, forged stamped note with no date. loan aquired by fnm 1 week after closing. good luck to wells fargo proving standing.
What would of happened if you did not take the offer? Would you be in court years ? What’s the worst thing that could happen when decoding not to take those bastards deal to settle?
He did get more then he would of at least?
I have my note original stamped with seal micro filmed two pages from 1989 and one other 12/2006 paid off started April 2006
Banks had no standings on sub of trustees
What’s best for me if?
What happened to Lawyers like you- ? My case is still in circuit court in Culpeper Va
I went prose not by choice mind you and was pummeled they have got a nice little Banana Republic going on here in Va and I could certainly use you here I had to non suit with prejudice There is a broken chain of title and of course it was a Mers Securitization Robo signed etcetc No one would help me ! I put a suit in BK court as creditor on GMAC/Rescap and the Deutche bank foreclosed to a flipper “who had me physically removed by 3 sheriffs and then took the contents of my home I am due to go back before the same court for obstruction of justice !!!
All that preparation was NOT for naught! You built a reputation, but don’t relax, b/c the Bankers will find out if you let down your guard, and they’ll be ready to take advantage of the situation.