Articles Posted in Foreclosure Defense

I know it; I teach it; but it’s still always so awesome to see the power of simply telling the truth.  Sometimes when I speak or think a profoundly true thought, I get a shiver up my spine. Recently, I had this experience in a trial. There were a few legal issues on which we…

Just minutes before the start of a trial the other day: Me: Hi, Ian (Opposing Counsel). How’s things? OC: Hi, Evan. I’m good thanks. You? Anything we can do to resolve this? Me: What did you have in mind? OC: Maybe some cash in exchange for a consent judgment? Me: I don’t have authority from…

We did it again. The Law Offices of Evan M. Rosen crushed the competition in this 2 day foreclosure trial which had three different cases spanning over a period of 6 years. It started in 2008 when American Home Mortgage Servicing, Inc. (AHMSI) filed the first foreclosure. In paragraph 3 of its complaint, AHMSI claims…

We won another foreclosure trial recently based on an unqualified witness.  This was not the first win from this type of issue and hopefully not the last. In a recent case, the business records which the Plaintiff sought to admit through their witness, were primarily business records of other separate entities who were neither parties…

Angelo Mozilo is in the news again.  The U.S. gov is gearing up for another civil suit against him.  With all the zombie references we’ve heard during the crisis, “zombie debt,” “zombie homes,” “zombie borrowers,” and “zombie foreclosure,” the real zombie behind the crisis and every other major problem in our country, is GREED. Countrywide…

Just recently finished up a trial in Broward County, Florida.  The Plaintiff’s witness was very qualified, at something, as an employee for eight years with Seterus, only I’m not sure at what…. After a lengthy direct examination on her general background and “qualifications” in which my relevance objections started to be sustained, Plaintiff goes to…

In early 2013, the Florida Supreme Court in Pino, told us that fraud, in a lawsuit, is defined by a person or entity actually getting away with deceiving the court.  Flat-out lying or attempts to deceive is not “fraud.”  The Court even went out of its way to avoid stating whether or not monetary sanctions would be warranted…

The other night my wife and I saw the movie “300: Rise of an Empire.” It’s an expansion of the story behind the movie “300,” part prequel, part sequel.  The first of the two movies focuses on the Battle of Thermopylae.  In 480 BC, at the narrow coastal pass of Thermopylae, known as “The Hot…

We won another trial recently.  Both the Plaintiff and the original lender were Suntrust.  For some reason, the Plaintiff moved to substitute to Fannie at the outset of trial.  I argued prejudice and fairness – considering our motion for leave to amend our answer and affirmative defenses was just denied 5 weeks ago, Plaintiff’s motion…

Another great depo of a Robo Verifier who knows pretty much nothing about a foreclosure case… The deposition of Victoria Scott took place on November 20, 2013, during which time Evan questioned Ms. Scott about her knowledge of the truth and accuracy of the facts in the Complaint, which she allegedly verified. During the deposition,…