|1||We successfully obtained discovery in aid of execution of a multimillion dollar judgment held by a bank. Upon learning of the existence of a trust that was not previously disclosed in written discovery, and being met by objections that the trust was not relevant, we successfully obtained a court order allowing extensive discovery of the trust assets and funding. This resulted in a successful resolution of the matter.|
|2||We represent a private lender defending and prosecuting several cases arising out of a commercial real estate transaction in the Florida Keys, including defending against a rescission of note and mortgage claim brought by the prior owner of the subject property, prosecuting a foreclosure action against the current owner of the subject property, and prosecuting a declaratory judgment action against the title insurer.|
|3||We have represented several mortgage servicers against class action claims alleging improper placement of lender placed insurance and improper fees being added to borrowers’ accounts. Five of these cases have resulted in settlement agreements on favorable terms for the servicers. In another case, we obtained final summary judgment in favor of the servicer on all claims.|
|4||We represented a private lender in four appeals of mortgage foreclosure judgments to the Third and Fourth District Courts of Appeals. The appeals were based on claims of error related to, among other things, standing, evidentiary errors, and failure to satisfy conditions precedent. We obtained affirmances of the judgments of foreclosure in all four cases.|
|5||The law firm represented a national bank in 65 complicated residential mortgage foreclosure cases filed by prior law firms. The firm took over for prior counsel in the cases and settled or obtained final judgment of foreclosure through summary judgment or trial in every case.|
|6||The firm represented a prominent banking attorney in defense of claims by the US comptroller of the currency arising out of an audit of a failed national bank. After three years of litigation, a three week trial and a 56 page opinion , the court entered judgment in favor of the firm’s client. The firm then represented the client on appeal and recovered a judgment of attorney’s fees.|
|7||Successfully defended a hotel sued in a foreclosure action from the lender’s motion to appoint a receiver. The court denied the lender’s motion in large part because the lender could not prove the hotel was wasting the assets securing the loans.
|8||Successfully defended a flooring company in a foreclosure action where the bank sought to appoint a receiver to take control of the security under several asset based lending agreements. The court denied the bank’s emergency motion to appoint a receiver, and upon a full evidentiary hearing, the court again denied the bank’s motion for appointment of a receiver.|