Through aggressive Foreclosure Defense strategies, I was able to get a Final Judgment vacated, upcoming sale cancelled, and a foreclosure case dismissed for a 92-year old client in Miami-Dade this morning.
The client retained previous counsel that unfortunately did not look into the case and unbelievably consented to Judgment. Prior counsel did not even put up a fight! The 92-year old widow was at risk for losing her home and getting kicked out on the street. The reason the lender gave is that the homeowner “ceased to occupy the property.” Our client has always lived at the property, but the lender figured it was easier (and profitable) to just file a foreclosure case to take her home. I immediately filed a 1.540(b) (3) Motion to Vacate Final Judgment under misrepresentation and fraud. Our client executed an affidavit and we filed the verified motion. We set the motion for a special set evidentiary hearing to force the bank and their counsel to prove they had the right to foreclose on our client’s home. The Complaint alleged our client had “abandoned” her property, which was completely false. In fact, this pleading filed by the Bank in a Court of law was not only a misrepresentation, but it was clearly fraud. Our client never abandoned the property. At the hearing, the Judge granted our relief including dismissal of the case. Our client was elated as she was able to save her home and can rest easy tonight. This is another example of fraud by an overpowered Bank and their deep pockets. We strive to fight for homeowners everyday facing similar situations and have no problem holding the banks and their lawyers to the fire.
Benjamin Law Practice, PLLC has assisted countless homeowners all over Florida in saving their home. We have stopped hundreds of foreclosures and dismissed many cases over the years. We have also negotiated settlements with all major banks and servicers, saving our clients hundreds of thousands of dollars and their homes. The proven results speak for themselves. Let us put our experience to work for you with an aggressive and trustworthy representation at an affordable cost. Don’t be a “number” at a big firm. Be part of the family with Benjamin Law Practice, PLLC!