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My First Foreclosure Case

In 2009, I was primarily a personal injury and commercial litigation attorney. As such, I had absolutely no knowledge or experience in defending a foreclosure case. Despite this admitted lack of skill, I agreed to represent a family member in a foreclosure action when it was clear that the Bank and its servicer were either not interested or just did not care about having the loan modified.

That foreclosure case was filed on November 4, 2009. For the next four years, I would not take on another foreclosure client. In late 2013, that all changed, but that is a different story.

My first foreclosure defense case was dramatically slow. Not much ever happened. There was a summary judgment entered against the client in 2012, but that was quickly set aside when it was proven that no notice of the hearing had ever been sent to my office. There was, and remains, a separate HOA foreclosure case which has been pending since 2012 and for which we filed a Class Action counterclaim on the calculation of assessments.

But, at some point, every case must be tried and the day of reckoning for this family member was April 23, 2015. By this time, I was representing investors, individuals and assisting other law firms in providing foreclosure defense, and I was well prepared to try this case.

The trial was held before the Honorable Lynn Rosenthal. At the end of the day, I was able to demonstrate that even though the plaintiff who initially brought the lawsuit was the same entity on the mortgage and note, that the plaintiff had failed to demonstrate standing. And when I say the plaintiff failed to demonstrate standing, this occurred even after Judge Rosenthal gave the Bank the opportunity, after evidence was closed, to come back later in the day and have a second opportunity to prove standing. Once again, we were able to show the Bank did not have standing when it filed the lawsuit. Final Judgment was entered in favor of my client, our family member.

On July 20, 2015, after its Motion for Rehearing was denied, the Bank filed a Notice of Appeal. Nearly six years after the foreclosure lawsuit was filed, the family retains ownership of their property.

Bruce Botsford, Esq.

CASE NO. CACE 09-59895