US Bank Vs Aved
Feb 20, 2014OUTCOME: Final Judgment of Dismissal
Residential Foreclosure Case
Miami, FL
Foreclosure Lawyer at Miami, FL
Practice Areas: Foreclosure, Litigation, Personal Injury
OUTCOME: Final Judgment of Dismissal
Residential Foreclosure Case
OUTCOME: SUMMARY FINAL JUDGMENT FOR DEFENDANT, ALEX M. DUENO AND QUIETING TITLE AND CANCELLING NOTE
Represented Defendant Home owner in this residential foreclosure case. Filed a counter-claim against the bank to cancel the note and mortgage and quiet the title due to expiration of the five year stat ... ute of limitations.
OUTCOME: WON
Approximately one year after entry of a final judgment of foreclosure in favor of Aurora Loan Services, L.L.C., appellants filed a sworn 1.540(b) motion to vacate the judgment, alleging that they had n ... ever been served with process and that the company that allegedly served appellants was presently under investigation for sloppy service practices. The trial court summarily denied the motion. Because the allegations of appellants’ motion, if established as true, were sufficient to entitle them to relief, the trial court erred in denying the motion without first affording appellantsan evidentiary hearing.
OUTCOME: Final Sumnmmary Judgment Set Aside
Appealed case in which Plaintiff obtained a Summary Final Judgment PRIOR to an aswer being filed. Our Firm helped strengthen the precedent that establishes that the burden on movant seeking summary ju ... dgment in cause prior to defendant's filing of answer, is extremely heavy in that movant must demonstrate conclusively and to certainty from record that defendant cannot plead or otherwise raise genuine issue of material fact.
OUTCOME: Set Aside Foreclosure Judgment /Case Dismissal
Hired by Foreclosure Defendant who had a Final Judgment of Foreclosure entered 6 months ago, and her home was set for Foreclosure Sale the very next day. Reviewed the case, identified deficiencies in t ... he Service of Process, and filed An Emergency Motion to Set Aside the Final Judgement, Cancel the Foreclosure Sale and Dismiss the Case.