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Evan Maxwell Rosen

Evan Rosen’s Answers

7 total

  • Foreclosure case dismissed with prejudice...2 counts...1.foreclosure....2.Re-instate a lost/misplaced mortgage and note. Bank fi

    Filed a 2 mtg frclsr. With 1 count..same amt/date of default. Can bank foreclose again since first frclsr was dismissed with prejudice and now I know they don't have th note and th mtg.? Also, judge allowed bank to amend complaint with a differen...

    Evan’s Answer

    If prior suit was dismissed with prejudice you have a very strong case but the law on this issue, as it pertains to mortgages, should be, but is not settled. You need to raise this properly to preserve your defense on this issue or it will be waived! Please contact one of South Florida's best foreclosure defense attorneys to handle your case. If not handled properly, it could not only have a negative impact on you but also on many many other homeowners who are in a similar situation.

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  • E.g., "Do I need a real estate attorney?"

    Include background information that will enable lawyers to answer your question.

    Evan’s Answer

    Can you give a little more information?

    Generally, considering transactions and litigation concerning real estate are typically the largest financial experiences of a person's life, why would a person not hire a real estate attorney?


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  • When is the service by publication filed in court documents?

    I am currently facing a foreclosure case, and we have yet to be served, I did receive a notice of action on September 18, saying they will publish and I have 30 days to answer after the first publication. While looking at the court documents onlin...

    Evan’s Answer

    I would recommend contacting the newspaper which publishes the Notice of Action to confirm it was posted. If you are unsure, you can look that up online.

    As to the proof of publication, Fl. Stat 49.10(2) addresses this: "Proof of publication shall be made by affidavit of the owner, publisher, proprietor, editor, business manager, foreman or other officer or employee of the newspaper having knowledge of such publication. The affidavit shall set forth or have attached a copy of the notice, shall set forth the dates of each publication and otherwise comply with the requirements of law."

    We often see the proof of publication filed simultaneously on the date of the second posting.

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  • We are renters in a home in foreclosure. It has progressed to the auction stage and the auction is scheduled for late November.

    We are renters in a home in foreclosure in Pasco county Florida. It has progressed to the auction stage and the auction is scheduled for late November. I have heard that once the sale is complete, that we have 90 days to leave. Is that true in all...

    Evan’s Answer

    Yes it sounds like you will have 90 days from notice to vacate. A copy of the act can be read here: starting at the bottom of the first page. It's a short easy read.

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  • Is my lawyer allowed to show my boyfriend material from my case.

    my boyfriend is paying the lawyer but has nothing to do with the case

    Evan’s Answer

    Without your consent, your lawyer cannot discuss details of your case with anyone. There are exceptions. One of those is if you grant him consent to disclose. However, it you do that, you may waive the attorney/client privilege for all communications.

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  • When bank forclosure in court is done, how long does it take for my name to be removed from title? or is it automatic?

    Condo Mortgage pymts have been delinquent now 2 1/2 years. Value 50% less than original purchase px. This appears that it will go on forever as long as i keep paying maintenance.....

    Evan’s Answer

    Florida Statute 45.031 addresses this issue:

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  • Do pleadings have to be signed?

    Our defendant (a corporation) sent us an unsigned answer to the complaint. Is there any requirement that this be signed? If so, what is the rule or case law that requires that?

    Evan’s Answer

    • Selected as best answer

    Florida Rule of Judicial Administration 2.515 addresses this issue:

    (a) Attorney Signature. Every pleading and other paper of a party represented by an attorney shall be signed by at least 1 attorney of record in that attorney’s individual name whose current record Florida Bar address, telephone number, including area code, primary e-mail address and secondary e-mail addresses, if any, and Florida Bar number shall be stated, and who shall be duly licensed to practice law in Florida or who shall have received permission to appear in the particular case as provided in rule 2.510. The attorney may be required by the court to give the address of, and to vouch for the attorney’s authority to represent, the party. Except when otherwise specifically provided by an applicable rule or statute, pleadings need not be verified or accompanied by affidavit. The signature of an attorney shall constitute a certificate by the attorney that the attorney has read the pleading or other paper; that to the best of the attorney’s knowledge, information, and belief there is good ground to support it; and that it is not interposed for delay. If a pleading is not signed or is signed with intent to defeat the purpose of this rule, it may be stricken and the action may proceed as though the pleading or other paper had not been served.
    (b) Pro Se Litigant Signature. A party who is not represented by an attorney shall sign any pleading or other paper and state the party’s address and telephone number, including area code.
    (c) Form of Signature.
    (1) The signatures required on pleadings and papers by subdivisions (a) and (b) of this rule may be:
    (A) original signatures;
    (B) original signatures that have been reproduced by electronic means,
    such as on electronically transmitted documents or photocopied documents; or
    (C) any other signature format authorized by general law, so long as the clerk where the proceeding is pending has the capability of receiving and has obtained
    approval from the Supreme Court of Florida to accept pleadings and papers with that signature format.
    (2) An attorney, party, or other person who files a pleading or paper by electronic transmission that does not contain the original signature of that attorney, party, or other person shall file that identical pleading or paper in paper form containing an original signature of that attorney, party, or other person (hereinafter called the follow-up filing) immediately thereafter. The follow-up filing is not required if the Supreme Court of Florida has entered an order directing the clerk of court to discontinue accepting the follow-up filing

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