We have been seeing a nice string of wins at trial and on appeal. This latest win overturns a foreclosure judgment from 2014.
Bad Foreclosure Judgments
The Second District has been very consistent in overturning bad foreclosure judgments which originally favored the banks. This is a case that we took to trial, at the client’s request, because we knew we had an excellent chance of winning. The original plaintiff, JP Morgan Chase, filed the original promissory note with the clerk of court in 2013. A new bad-debt buyer entered the case in 2014 claiming that they were now the right party to foreclose on the home. We challenged Ventures Trust’s case at trial but, unfortunately, we lost.
Knowing that the case was not hopeless, we filed an appeal for our clients arguing that Ventures could not be the “holder” of the promissory note in 2014 when the note had already been filed with the clerk of court in 2013. And the Second District, true to form, agrees!
Final judgment of foreclosure reversed, with instructions to the trial court to enter an involuntary dismissal.
We take all of our appeals on a partial contingency arrangement – our clients pay a partial flat fee and pay nothing more unless we win. This arrangement is working out very well for us, and I’ll explain it more in a future post.
As of this writing, we were waiting for the opinion to be finalized and published. Then we will petition to have our attorney’s fees paid out by the bank. There’s still a lot of work to finish in this case, but for now we’re very happy to have kept this client from losing her property for no reason.
Managing Partner, Operations Manager/Sarasota
H. Daniel McKillop sues and defends lawsuits for individuals, families, and small business owners. He also advises small business owners in areas of real estate and contract formations.
Dan takes pride in helping people through financial difficulties, providing legal advocacy and support during tough times. He volunteers as a judge for Sarasota County Teen Court, and often co-counsels legal aid cases with Gulf Coast Legal Services.
Dan was an Air Force officer prior to attending law school at the University of Florida Levin College of Law. His duty assignments included deployments to Iraq, the Philippines, and various stints in east Asia.
Dan and Julia have two young sons, two dogs, four cows and four sheep.
Dan’s practice includes:
- Foreclosure defense
- Real estate litigation
- RESPA and TILA violations
- Probate litigation
- General civil lawsuits.