Wednesday, October 27, 2010

Reopening a Florida Foreclosure Case Due to Alleged Bank Fraud – Counterclaims and Damages

We met with a client yesterday that lost several properties in Florida to foreclosure. Among the many files was a case, we believe, is ripe for filing a Motion to re-Open an old foreclosure lawsuit and to set aside the judgment. The basis for us to re-open the case is our allegation that the lender committed foreclosure fraud by filing a defective Affidavit in support of its case. We have done exhaustive research on this issue and on the issue of the type of counterclaim(s) we bring against the bank for wrongful foreclosure. What we found is that there isn't a lot of case law on the subject of damages in a wrongful foreclosure case. If we are successful in recovering for our client, I imagine we will be contributing to the establishment of precedent in this evolving area of the law. This is very exciting stuff. I will keep everyone posted as things progress.