Facing a Foreclosure Trial

Banks Must Prove Their Case… Especially at a Foreclosure Trial! 

The “rocket-docket” is in full bloom across tri-county South Florida courtrooms. Homeowners and investors are now routinely confronted and challenged to speedily make major decisions regarding their foreclosure cases, in some instances, from one day to the next.  Judges are expediting cases to a foreclosure trial whether the parties – both defendant AND lender are actually ready to try the case.  Case management conferences are scheduled as a means of simply setting a future foreclosure trial date.  By contrast, other civil cases see case management conferences used to gauge where the parties are, to inquire whether the court can facilitate other methods for resolution (e.g., mediation, arbitration), and to set an orderly scheduling and targeting of the date for trial (with the intent to assure both parties have sufficient time and notice to complete their discovery before trial).

Knowing that cases may be set for a foreclosure trial at any moment, and that such trials can be challenging for both sides, presents a dilemma for the defendants.  Do you initiate immediate settlement discussions in the form of a loan modification to insure the client stays in the house?  If not available, do we immediately list the house and seek a buyer to conduct a short sale and avoid a potential, post-sale deficiency judgment against the seller that can be a hindrance for years to come?  Or now, considering that the lenders themselves may be put into positions of having to “try a case” they are not prepared to try, do we proceed to a foreclosure trial and roll the dice?  Even when a lender decides it is ready to proceed to trial, their expert witness can make or break their case on cross examination.  Knowing that their testimony is usually objectionable as “hearsay”, overcoming the objection through evidentiary exemptions to the hearsay rule are not a simple mouthing of “buzzwords”.  (Last year, in the case of Yang v. Sebastian Lakes Condominium Association, the court reversed a judgment on the basis that the testimony of the company’s records custodian amounted to “buzzwords” and was therefore insufficient and thus, reversible error.)  Hence, cross examination of the lender’s expert is key to the case since the “burden of proof” is on the lender!

It is vital that homeowners and investors seek legal advice and be represented by an attorney experienced in defending mortgage foreclosure actions.  Considering the speed with which cases are being pushed to a foreclosure trial, who represents you, your family or your business in these type actions is more critical than ever!

The Reyes Law Group aggressively litigates foreclosure defense cases and serves as the passionate voice for homeowners and investors in court. We fight to defend your property and preserve your rights in a foreclosure trial!

Carlos J. Reyes  is the Principal of Reyes Law Group. He has been a member of the Florida Bar since 1988 and practices state-wide.  Carlos has been awarded a rating of “AV Preeminent” which is the highest possible rating in both legal ability and ethical standards by Martindale-Hubbell – a well-recognized legal resource. The RLG Legal Team also include attorneys  Melissa J. Ulloa and the RLG Legal Support Team to bring you a dedicated, experienced and dynamic legal team to handle your legal needs.

We also assist clients in the areas of: Civil LitigationReal Estate LitigationResidential Purchase & SalesCommercial Acquisitions & SalesResidential Landlord-Tenant LitigationCommercial Landlord-Tenant LitigationShort Sales NegotiationsLoan ModificationsCriminal DefenseCivil Rights ClaimsFamily LawCorporate Work, and Labor & Employment Law.

Call us for a FREE consultation at (954) 369-1993. Se Habla Español.

Visit our firm website ReyesLegal.com and review our credentials.

We are located at 150 S Pine Island Rd #210, Plantation, FL 33324


The Reyes Law Group BLOG is intended to provide information to firm clients, friends and potential clients about various legal related topics. Nothing in this BLOG should be construed as legal advice or a legal opinion. Readers should not act upon the information contained in this BLOG without seeking the advice of legal counsel.

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Reyes Law Group

Reyes Law Group represents clients in a multi-disciplinary legal practice involving real estate transactions and litigation with a “footprint” that covers the State of Florida. Over the firm’s first 10 years, Reyes Law Group has closed over $100M in commercial closings, representing buyers and sellers in contract negotiations, due diligence, and the related title review and policy issuance related to closings. In litigation, the firm has commercial litigation experience focused on prosecuting or defending claims such as breach of contracts, partition actions, trade secret violations, and breach of non-competes. However, our firm’s MAIN FOCUS is assisting asset and loan portfolio managers, investors and private lenders with a “ 4-PILLAR APPROACH” to the legal challenges they face with non-performing assets: 1) LOAN WORKOUTS; 2) COMMERCIAL FORECLOSURES (across the State of Florida); 3) COMMERCIAL EVICTIONS; and 4) REO COMMERCIAL CLOSINGS.30+ years’ legal experience means - WE CAN HELP!

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