Not All Lawyers Are Created Equal

While many attorneys will advise potential clients they can assist in defending their foreclosure case, I suggest the following—not all attorneys are created equal!  While attorneys may be extremely competent in other areas of the law, many are lulled into a false sense of confidence when taking on contested foreclosure matters.  Foreclosure defense is no different than other practice areas and requires specialized knowledge of both the substantive and procedural law that applies.

My point is best illustrated by way of example. Recently in a foreclosure case, our office had worked to fend off the bank’s best efforts to obtain a final judgment for the past three years; then the case was finally set for trial.  In preparing for the upcoming trial, a careful review of the clerk of court’s records revealed that the plaintiff lender filed a motion for continuance on the basis that the loan’s servicer had changed and needed more time to prepare all necessary documents and coordinate a witness to attend trial.  Upon arriving at the courtroom the case was assigned to, RLG attorney Phillip Ortiz spoke with opposing counsel and began by casually introducing himself and asked the following seemingly innocuous question: “Was your witness able to make it to make it here okay?”  Counsel responded by stating that unfortunately no witness could be coordinated in time for today’s trial, however, plaintiff would be following through with its request for a continuance of the trial.
Coincidently, this same plaintiff had an identical scenario with another case, which also had an attorney “defending” it.  The judge called that case just before Phillip’s case and asked the defendant’s counsel if he opposed plaintiff’s motion for continuance, to which he responded, “No.”  In his mind, he was likely just happy that he was able to buy his client another month of time until the case was reset for trial.  Presented with the exact same scenario less than two minutes later, the outcome for our client was drastically different. You see, Phillip did oppose the plaintiff’s motion for continuance, on the basis that he was ready for trial and our client would be prejudiced by a continuance—“prejudiced” being the operative word!  The judge ultimately based his decision to deny plaintiff’s motion for continuance on the “prejudice” a delay of the case would serve to further burden our client.

At the end of the day, it did not matter one iota whether he was ready for trial or not, because he knew what perhaps the defense counsel in front of him did not know, or did not think of when presented with the same scenario.  Without a witness, plaintiff cannot move forward with trial because it cannot introduce any of the necessary documents into evidence needed to prove its case- i.e. the note and mortgage.  Plaintiff’s counsel was well aware of this major defect in its case, and accordingly moved to voluntarily dismiss the case. After three years of litigation, I’m sure plaintiff’s counsel had a very unpleasant conversation with his client, explaining why more time, money, and effort must be spent to once again begin the foreclosure process.

When you have attorneys on your side who not only know the substantive law, but often times more importantly, how to use the rules of civil procedure and evidence to their advantage and force the bank to prove its case, opportunities like the one illustrated present themselves and must be seized!  And even when opportunities present themselves, not all lawyers take advantage of them… after all, not all lawyers are created equal!

A mortgage foreclosure lawsuit may seem debilitating to many a homeowner or investor.  Having a strategic or tactical approach to confronting a foreclosure lawsuit is critical.  At the Reyes Law Group, we can help you aggressively litigate your case, negotiate your loan modification and/or successfully close your short-sale transaction.  In the end, you too deserve a passionate voice to help you fight to defend your property and preserve your rights!

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. Phillip A. Ortiz is an Associate at Reyes Law Group focusing primarily on real estate transactions and litigation, with emphasis on reviewing title and conducting closings in commercial and residential settings. The RLG Legal Team also include attorneys Stephan LopezMelissa 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 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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