As the author of both The Do it Yourself Foreclosure Defense Manual and The Definitive Florida Foreclosure Guide. Rory is an authority on foreclosure defense. Additionally Rory is plugged into a network of foreclosure defense attorneys throughout the state and nation that provides each member with up to the minute case law and status for every foreclosure situation. Having received training by the renowned foreclosure defense expert, April Charney, Rory is dedicated to providing proper and well researched defenses to every foreclosure client.
An aggressive defense to foreclosure is really the only path forward and the only choice you have. You may rest assured that the bank has a team of attorneys poised to seize your home. Our team will provide you with an aggressive foreclosure defense. We will find the problems with the plaintiff's pleadings and bring those issues to the attention of the court and the judge over and over again in an attempt to convince the judge that the foreclosure is not proper and should not go forward. We will force the plaintiff to prove its case under the law and we will not rest until you are afforded the proper defense that you deserve.
If retained Rory will advise you on:
• if retained Rory will advise you regarding economic realities of your specific situation. He will advise you about strategic default,
• about the reasons why trial loan modifications may not be in your best interest,
• why the moral arguments made by the plaintiff failed to account for the fraudulent schemes committed by the banks,
• about the failures in the UCC transfer of notes under the mortgage securitization
• about the prevalent and pervasive submission of fraudulent affidavits and assignments by the by the plaintiff's.
What You Can Expect from Sunshine State Law Group
- a. Motion for Order Quashing Service of Process; Often times the process server fails to properly serve the complaint upon the defendant. We make sure that Florida statutes, which are strictly construed, are followed to the letter of the law
- b. Motion to Strike for Improper Verification: The Florida Supreme Court has amended Florida Rules of Civil Procedure 1.110 to require the plaintiff to verify the truthfulness of the allegations in the complaint. Often times the plaintiff fails to verify or attempts to have the servicer verify on behalf of the plaintiff or makes some other mistake in a verification. You may rest assured that we will examine the complaint and enforce the plaintiff to comply with the law.
- c. Motion to Dismiss or Alternatively For a More Definite Statement: Often times the plaintiff Bank or Servicer fails to identify themselves or fails to properly plead ownership of the note and or mortgage in the complaint. We will forcefully challenge every allegation made by the plaintiff.
d. Enhanced and specific Discovery Materials: we will file well crafted;
i. Requests for Admissions—forcing the plaintiff to admit whether they properly own and hold the note and mortgage and whether they were in possession of the note when it was lost
ii. Requests for Production—forcing the plaintiff to produce the documents that delineate the chain of title of the note
iii. Written Interrogatories—forcing the plaintiff to answer the tough questions necessary before proceeding with a foreclosure
- c. Motion To Compel—Should the plaintiff fail to respond to the discovery requests within the proper thirty day period we will seek an Order from the Judge forcing the plaintiff to respond. If the plaintiff fails to respond we will use that failure to prevent them going forward with the foreclosure.
- d. Response to Motion For Summary Judgment: We will prepare and file a proper response to every Motion for Summary Judgment filed by a plaintiff including memorandum of law and recent and controlling case citations in a legal and thoughtful effort to prevent a Summary Judgment from being entered against you.
- 2. Loan Modifications
and Short Sales: Beware of loan modifications and short sales that
do not fully protect you
a.We can provide assistance with loan modifications making sure that you are protected from suspense accounts and other tricks employed by the Servicer to obtain payments from you to fund the foreclosure against you.
b. Short sales that do not address the deficiency judgment are of little or no value to the borrower. We provide you with proper advice regarding each and every issue involving a short sale. Protecting you is the goal.
If Sunshine State Law Group is retained, you might expect the following:
1.Preparation and filing of insightful and proper pleadings, documents and discovery materials.