Comments on: Florida Judge Rules Chase/US Bank Failed to Prove Ownership of Couple’s Mortgage

By: sunshine

sunshine — Thu, 21 Apr 2011 22:36:08 +0000

Hi underh20,

Did you happen to find a good referral. I am interested in a referral in Escambia County also

By: Fury

Fury — Thu, 31 Mar 2011 02:38:16 +0000

doesn’t this just make your skin crawl?

what has happened to this country?

By: Fury

Fury — Thu, 31 Mar 2011 02:36:21 +0000

Roger S. Rathbun, an attorney with the Law Offices of Marshall C. Watson …….said Friday. “I don’t expect the banks to give them a free house. I expect the bank to re-file the case. Even if the foreclosure was invalid, I can file under a different equitable theory and still take the property.”

mr. rathburn.
not only does the defrauded homeowner want their house back (it’s not free. they earned it)
but they will want damages. Full Restitution.

By: tina brown

tina brown — Thu, 31 Mar 2011 02:19:36 +0000

Pitkin law firm in Naples Florida is very good. i don’t know how far away that is from Escambia County.

By: Alex Caceros

Alex Caceros — Thu, 20 Jan 2011 15:13:46 +0000

In reply to James M. Could you point me to the case law on the lost note count.

By: underh20

underh20 — Thu, 20 Jan 2011 13:54:12 +0000

In reply to James M. Escambia County, Florida.

By: indio007

indio007 — Thu, 20 Jan 2011 02:07:29 +0000

Oh but they didn’t lose at trial , It was dismissed because the bank lacked standing i.e. the case had no merit and could be construed as a frivolous filing.

By: indio007

indio007 — Thu, 20 Jan 2011 02:05:43 +0000

It’s no wonder the bank lost the case if they were represented by this idiot lawyer. The bank can’t refile if they lost at trial. What a dumb ass.

By: James M

James M — Thu, 20 Jan 2011 01:57:10 +0000

In reply to underh20. When asking for referrals to competent counsel it would sure help if you stated where you lived. State and county.

By: James M

James M — Thu, 20 Jan 2011 01:55:07 +0000

Interesting. I have appeared before Judge Brian Lambert myself, not in person but telephonic. (Both sides appeared by phone). He is a Judge in Marion County, where my Foreclosure case is located.

I found him to be fair and genuinely respectful of my legal arguments, even though I was pro-se.

Plaintiff brought 2 motions, one to strike my demand for a Jury Trial, one to strike my Affirmative Defenses.

(Note: On a lost note count, Plaintiff may bring evidence in Law & Equity to re-establish a lost note. Because of the ability to bring evidence in Law, you can make a demand for a Jury Trial, on that count. The court must try that count and re-establish the lost note, BEFORE the court can proceed to hear the count for Foreclosure in Equity (where you don’t have a right to a jury). I can point you in the direction of the supporting case law if intrested.

Judge Brian Lambert agreed with my argument and case law, if Plaintiff could not produce the lost note I was entitled to a trial by jury on a lost note count. He also denied Plaintiffs blanket motion attempting to strike my Affirmative Defenses, finding them sufficiently well plead to withstand Plaintiffs motion to dismiss them.

Basically I won on both of plaintiffs motions.

Unfortunately Plaintiff was able to get demand for jury trial struck by filing what they claim is the “orignal” lost note.

I found him fair, professional and not at all condescending to pro-se litigants. It may have helped that I have some experience with the rules of Civil Procedure, and can draft sensible replies that make sound legal arguments. Something the attorney from the Plaintiffs failed to do. One of Shapiro & Fishman’s finest.

My case was later assigned to a rocket docket system with a “Senior Judge”. After that it seems to have gone off the rails. Now it is “Administratively Closed” with the ability to re-open if they pay such fees as that may incur. We will see how that works out.

Brian Lambert Two thumbs up, from what little contact I had with him, he is a good and competent Judge.