Being hit with a sudden notice of foreclosure on your home can be devastating, and even more so if you rely solely on Social Security as your main source of income. This was the case not too long ago in Broward County, where Deutsche Bank filed foreclosure on an elderly couple’s home in August of 2013. Not knowing where to turn, the couple retained the Miami foreclosure defense attorney team at Graham Legal to guide them through their case. This move turned out to be paramount in affording them the justice they deserved.
Graham Legal initially filed an answer and affirmative defenses on behalf of the defendant. As is standard with foreclosure cases, the next step was to file discovery requests. The Graham Legal team completed extensive research into the specifics surrounding the foreclosure filing and homeowner’s relevant background information. During discovery, it was found that the plaintiff’s breach letters failed to comply with paragraph 22 of the mortgage in question.
When the case was set for trial, Graham Legal attorney, Ashley Jaye Arends, deposed the plaintiff’s witness and successfully got the witness to admit on record that there was no letter compliant with paragraph 22, related to the default date that the Plaintiff initially alleged. Upon continuation of the trial, Ms. Arends filed a motion for summary judgment based on the plaintiff’s clear failure to comply with the conditions precedent. This was a very proactive action, which proved to be the winning straw. The court agreed with Ms. Arends after proceedings pertaining to her motion on June 30th, 2015. Summary of the final judgment was entered in favor of the defendants, allowing the clients to remain in their home.
If you are facing a complicated foreclosure situation, it is strongly recommended that you consult with an experienced Miami foreclosure defense attorney team such as Graham Legal. We invite you to schedule an initial consultation and let us put our expertise to work for your unique foreclosure situation today.