Total Annihilation of a Bank Lawyer and Their Witness! Another Trial Win for the Law Offices of Evan M. Rosen


Total Annihilation of a Bank Lawyer and Their Witness!  Another Trial Win for the Law Offices of Evan M. Rosen, P.A.

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

By Evan M. Rosen

Just recently finished up a trial in Broward County, Florida.  The Plaintiff’s witness was very qualified, at something, as an employee for 8 years with Seterus, only I’m not sure at what….

After a lengthy cross on her general background and “qualifications” in which relevance objections started to be sustained, Plaintiff goes to move the note into evidence.  I offer to stipulate to the note coming in if Plaintiff agrees to stipulate that the original was first filed in this case on 2/26/14.  Suit was filed on 12/27/11.  Opposing counsel agrees.  The Plaintiff then asked background questions on the note.  I object relevance, cumulative, we can let the evidence speak for itself.  Sustained.

Next, copy of mortgage, I stipulate to its admission into evidence.

Then, letter from Seterus showing servicing transfer to them on 9/1/11.  I offer to stipulate that the letter comes in as evidence ONLY that there was a serving transfer on that date (alleged breach was 5/1/11 and again, suit was filed on 12/27/11) and that nothing in this stipulation should be construed by the court as establishing whether or not the witness is a record custodian or other qualified witness.  Opposing Counsel agrees, I repeat our stipulation to the court and we proceed.  Seterus “hello letter” in.

After that, opposing counsel starts to ask about how the loan was transferred and boarded. I object on relevance making the argument that this has nothing to do with the business records exception to hearsay – all that matters is how records are made and kept.  SUSTAINED!

Next up, a Power of Attorney (POA) purporting to grant Seterus authority to do any foreclosure related activity for FNMA. I ask to voir dire and I start with my usual 10 background questions and then ask 11 very specific and detailed questions which then lead to my objecting based on hearsay and authentication.  I then go through my lengthy six step argument handing the judge numerous cases and citing Ehrhardt along the way.  Objection SUSTAINED – POA OUT

I quickly consider moving to strike the witness as not authorized to testify for the Plaintiff but I want to give the judge and the record something a little stronger so I keep that in my back pocket…

Opposing counsel is now totally frazzled.

She moves on to acceleration letter on Virtual Bank stationary.  Any questions about it being mailed or testimony being mailed, I object – hearsay.  P’s knowledge is based on a review of records, the record must first come in before there can be any testimony about the contents of it.  SUSTAINED

Opposing counsel never moves in the letter!

She moves on to a MERS Milestones report.  I argue Binger, not provided as I hold up my heavily tabbed and marked up bound sets of prior exhibit production as per our pre-trial requests and tell the judge there are most likely hearsay and authentication issues here as well being that this is from “that MERS outfit” and the witness is an employee for Seterus but I don’t think we need to go there.  – Objection to MERS Milestone – SUSTAINED

Opposing counsel then shows me a pay history but it is really a conglomeration of 4 different types of printouts from two different companies.  I tell the judge, to keep the record clear, let’s mark all four separately or as separate subparts of a composite.  He agrees.   Plaintiff’s attorney then begins to ask the four key business records exception to hearsay questions and she is stumbling.  I’m objection on personal knowledge, compound, confusing and the judge is sustaining very nicely all of them at this point…

Opposing counsel then shifts gears.  She ask witness if Plaintiff had the note at time of transfer. Objection – hearsay, she has testified numerous times that her knowledge is only based on a review of records, a record that states this must first come into evidence before there can be any testimony on it.  SUSTAINED

Opposing counsel stops and says I have no more exhibits and no more questions.

Judge says to me, “your witness.”  I pause and say to the Judge something to the effect of…. “Judge, I’d like to ask you something at this time and if you can answer, great, if not, I understand.  I am inclined not to ask any questions on cross but before I do so, I’d like to hear from the court that if I do not ask any questions on cross, the court will not allow any redirect because there would be no grounds to do so.”  Judge said if you are asking me…. (repeating what I just said), then yes I agree…  I then said “I have no questions on CX.”

Judge says to bank’s lawyer, “call your next witness!” loudly.

Plaintiff has no more witnesses.  I then say to opposing counsel, “do you rest?”  she says “yes.”

I move for involuntary dismissal, stating the rule and legal grounds to do so. I cite the prima facie elements of a foreclosure case, adding the Defendant’s statutory right to reinstate as being an extra reason that accurate proof of damages is so important. I then run through how there is no evidence of standing at inception, no evidence of acceleration, neither the letter is evidence nor is there any evidence that it was sent pursuant to paragraphs 15 and 22 of the mortgage and there is no evidence of damages either.

Opposing counsel has no response!

Judge – Involuntary Dismissal GRANTED!

Case dismissed!

Another win for the good guys.

Copy of transcript below…


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!



Trial Transcript

[scribd id=237321227 key=key-8ShCCh5T7QIxMLyt2ckH mode=scroll]

9 Responses to “Total Annihilation of a Bank Lawyer and Their Witness! Another Trial Win for the Law Offices of Evan M. Rosen”
  1. jchiiicm81John Hacker III says:

    Obama,what a joke….Doesnt take a genius to figure out,that for the Betterment Of All Good……!!!….? The fact that all these wonderful programs,,,,,IE.. keep your home california,,,,,,,,,streamline modification……….HUD……..Hamp…………that ,obviously Homeowners are already at their friggen knees.and The Millions and Billions of dollars [right]. that banks and servicers have supposedly had to cough up in All The Scandulous,Fraudulent Bullshit they knowingly perpetrated on the American People….One might see a fucken nickel in their pocket too hire an Attorney as in Mr.Rosen. or such alike……Hey Kamala,Harris,??? has a dime of that 72 million gone to one homeowner?? If they try and hand me a check for 700.00,id spit on em/.. What a shame,what a travesty,……fraud ,deceipt,deceptive,laws broken,misrepresentation,undisclosed on every level,…… This isnt any secret Now,nor a Revelation,,,,,,How could any court at any level,district,Civil or Federal, not bury these blatant crooks ,the minute they said Hello. Where is All The Honor,What happen to Justice…??????? 210,000.00 Dollars Equity…..My Home…A Signed Contract and Payments[ONTIME]… Known Robosigners,in the top ten in 2011…….. All in your face blatant Fraud……….. You see my Good American Once HomeOwners,,,,,if they make precedence in any one Fraudulent Forclosure Case it opens the floodgates for the 62 million Good American People who got,excuse my verbage,,,,,,FUCKED….. Even though these Judges Know First Hand… Theyd rather disregard and Ignore Their Own Honor………..If that was me,i honestly would be very troubled………what if it happened too Them ?????? what happened too us,what happened too AMERICA…..

  2. Swing for the Fences says:

    I’m not a Lawyer and don’t understand a bit of this….but man…what a great read!!! Way to go!!!!!!!! Keep scoring!!!!!!!!!

  3. Keep up the good work! Maybe, some day the victims, who had their homes STOLEN, will be compensated. Until than, struggle on!!!
    I testing FACT, NYS Govenor Andrew Cuomo, wrote the rules on how to steal our homes. Sad but true.

  4. Ricco Pitts says:

    I hope this lawyer, Mr Rosen knows he is doing God’s work and will be rewarded one day, Give them hell, Mr Rosen.

  5. Jan van E says:

    I fail to see the logic of not disclosing the case number or the name of the Defendant, so that the set of Pleadings can be studied by those who would wish to do so. This is a matter of Public Record so inking out the name of the defendant seems redundant and unnecessary. It would be much more helpful if the entire Docket Record (Complaint, Answer, various Motions) were available for study.

  6. attorney-at-law says:

    Wow. You had a Judge who actually knew the evidence code and followed it. Rare species.

  7. neidermeyer says:

    I didn’t look at Scribd until the end ,, FANNIE MAE! ,, not a surprise and so many avenues to attack , they don’t own anything ,, they are federally barred …

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