Checkmate in Three Moves – Evan Rosen Wins a Foreclosure Trial With Three Simple Questions


Checkmate in Three Moves – Evan Rosen Wins a Foreclosure Trial With Three Simple Questions

Cross-posted from the Law Offices of Evan M. Rosen

At a recent foreclosure trial, during the voir dire of a bank witness, I asked three very calculating, simple, but also very specific questions to demonstrate that a witness could not know a key piece of information necessary for the Plaintiff to win its case. After my three questions, I moved for the judge to issue a finding of fact, which she did.  The Plaintiff’s lawyer then literally stomped her feet and said “but judge I can’t win based on your ruling.”  To which the judge replied, “I can’t tell you how to practice law.”  The Plaintiff’s witness gave a throat slash signal and then their lawyer announced to the court they were taking a voluntary dismissal.  As per Florida Rule of Civil Procedure 1.420, it’s a plaintiff’s right to voluntarily dismiss their case up until a certain point in the proceedings and I certainly wasn’t going to try to stop them.  Out of all the wins at trial we have had, this was by far my most memorable one.

Unfortunately, for now, I can’t publicly disclose what those three questions were because I would very much like to continue to return to this “well.”  Thanks to the magic of technology, I know my posts are visited by at least one computer at every major foreclosure plaintiff’s law firm and if given some time to think about this, most good bank lawyers know there is an easy way for them to get around this three question trap.

However, I do share the specifics of this, as well as all my successful trial strategies at the Foreclosure Defense Trial Workshop. Seats are filling up fast and, for a few reasons, this could be the last one.

If you are an attorney looking to improve your comfort level and trial skills in order to better serve and represent clients in defense of foreclosure, our workshop will help you.  If you have any questions, feel free to contact us at 754-400-5150 or  To learn more and to register click here: Foreclosure Trial Workshop October 19th – 20th

If you are in Florida and are looking for help with debt and foreclosure, call us at (855) 55-ROSEN or fill out our 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.


7 Responses to “Checkmate in Three Moves – Evan Rosen Wins a Foreclosure Trial With Three Simple Questions”
  1. alan broder says:

    My bank has sold my mortgage to a LLC bank and I sent a letter to my bank that within 45 days, I was going to file a Rico damages lawsuit, and a bank modification fraud charge against them and a few other charges. I have all the documented proof I need to win the case and am looking for a good lawyer to handle my case. I am in New Jersey. I want my mortgage satisfied and my lawsuit should be in excess of over a million dollars. If anyone is interested, please email me as I will have to sue 2 banks, and a popular financial institute. More details available when we talk.

  2. Pro se in fl. says:

    I’m dissapointed too because the 3 questions are secret there’s nothing on his post just free advertisement for his firm.

  3. J. Alonzo says:

    I love the comment on how the plaintiffs lawyer stomped her feet and said that with that ruling she can’t win. It almost sounds a bit made up, but not unheard of.

  4. Monica Jones says:

    Well Bobbi, as a pro se litigant, we need decisions to cite that will support and bolster our cases. Mr. Rosen is offering a workshop for attorneys. Those attorneys are the very same ones that argue and get us the opinions that we so desperately need.
    If I were an attorney, or even if I was in South Florida, you can bet that I would have my butt in a seat there, so that I could prevail and get the decisions that this Country needs, and so that you can maybe use them in your case.
    We need more attorneys fighting this battle and that’s exactly what that workshop is for.
    This blog is read by attorneys as well, and I for one, hope that there is standing room only at that event.
    Because we all need them winning cases.
    Thanks for everything you do Michael, Mr Rosen, Mr. Weidner and everybody else 🙂

  5. BOBBI SWANN says:

    Sorry, I don’t see the point in putting this up on the site! It’s great that Evan Rosen won this particular case for his client, but without sharing his so-called ‘secret’ the whole post is totally and utterly — USELESS! For those of us who are pro se, we don’t have the opportunity of getting our attorney to subvert and gather this information. As far as I can see, did nothing more than issue free advertising for new clients to the Rosen firm!

    • J. Alonzo says:

      Going Pro Se is a big no, no. Especially when we all know how our courts have been told to ignore are rule of law to get rid of this bank inspired fraudulent mess. If possibles lawyer up! Not just any lawyer who will rubber stamp you along to the tune of a bankruptcy, but one that will give the plaintiffs attorney hell! I have been through it and it works. The banks attorneys are sloppy most of the time. With a good lawyer on your side
      They can catch them in their lies, with a combination of a good defense and a bankruptcy here and there you can make the banks spin in circles for years and even win, yes WIN!
      It won’t happen Pro Se. Good luck.

      • Mindy Machanic says:

        Some of us can’t get an attorney, we live in places where nealy all the real estate/banking attorneys did work for Countrywide/BofA and other big lenders, and where the few that didn’t, want $10k retainers to take a foreclosure case. If I had $10k to put up in a very strong case, I wouldn’t be in this situation in the first place! I’m in Western KY, a mistake in the first place, but made more difficult because attorneys from other parts of KY don’t want to come here. “Well, they’d just hire a local attorney to do the local work” doesn’t work here!

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