The last few weeks have seen a flood of new victories for the firm on behalf of its clients. Here are just a few. The most public victory we've had came when Jason appealed a trial loss—and convinced the appellate court that he actually won! That case, Sorrell v. U.S. Bank, N.A. [PDF], not only reversed the trial court's ruling, it sent back an order to dismiss the case. The court ruled:
In light of the wealth of current case law on this issue, it should no longer be a surprise to a foreclosure plaintiff that it must prove that it had standing to foreclose on the date the original complaint was filed… And attempting to bedazzle the trial court with documents establishing all sorts of facts unrelated to standing at the inception of the case will not carry the day.
Other recent victories include: Hillsborough County: At trial, the judge granted our motion to dismiss the case based on Nationstar's failure to prove that the notice letter required by the mortgage actually got sent. Also, the judge had concerns that Nationstar failed to prove it had acquired the right to foreclose. Bay County: This case from Florida's panhandle turned on two issues: standing (the right of this particular bank to foreclose) and sending the notice required by the mortgage. After a hard-fought trial, and preparation of an extensive legal briefing outlining why our client should win, R&W received the news a few weeks later that the judge agreed with us on both those points, and dismissed the case. Pasco County: Right in our backyard, this case went forward even though both sides wanted to reschedule to allow the bank time to consider a loan modification. The judge denied it, but everything turned out great for our client when the bank failed to prove it sent the required notice. Case dismissed! Flagler County: This case was a hard-fought battle, involving many complicated legal issues. R&W argued that the bank didn't have the right to foreclose because it caused the supposed "default" when it lied to our client about qualifying for a loan modification. But the victory came because standing was a complete mess: the bank had recorded two conflicting assignments of mortgage showing different chains of ownership; then it introduced a note with an undated indorsement showing a third, conflicting, chain of ownership; and finally, introduced a Pooling and Servicing Agreement that showed a fourth, conflicting, chain of ownership. The trial judge, despite being one of the smartest we've met, couldn't untangle this mess, and in the face of the conflicting evidence, dismissed the case. Pasco County: Another case in our backyard, and another denial by the judge to reschedule due to a pending loan modification. And once again, the same result: case dismissed! This time, it was a loan backed by the Federal Housing Administration (FHA) and R&W convinced the judge that the bank failed to obey federal regulations that attach to FHA-guaranteed loans. With several more trials on our calendar in the near future, we're hoping for several more wins on behalf of the families we represent.

Looking for help? Act now!

As seen in:

TBT headline

The Tampa Bay Times ran a front-page story today detailing how many attorneys are bailing out of the fight to protect Florida homeowners facing foreclosure.

But while some lawyers are throwing in the towel, the Ricardo & Wasylik firm is just getting started. Here's what reporter Susan Martin wrote after interviewing our firm:

Not all foreclosure defense attorneys, however, say business has slumped.
I get between 90 and 100 people contacting our office over foreclosure defense issues a month and that number is actually growing, said Michael Wasylik, a Dade City attorney. Partly, I think, that's because (lawyers) who used to do this have gotten out. When it got really popular, a lot of lawyers who weren't really able to do anything else started doing it and I think that as their business dried up we were getting referrals from other lawyers and past clients.
Like most foreclosure defense practices, Wasylik's firm offers clients options that include negotiating with the bank on a short sale or loan modification. For many borrowers, though, the goal is to get the case dismissed even though banks generally refile.
I have one family that was filed on four times and beat all four cases and there's been no activity at all from the bank since the last dismissal about a year ago, Wasylik said. That family had active cases starting in 2007 and we've kept them in their home that long.

If you want to speak with a lawyer who's going to fight for you instead of throwing in the towel, give us a call today at 352-567-3173 to set up your appointment.

Florida Supreme Court hears argument in Bartram vs. U.S. Bank—How many chances does a bank to get it right?

December 17, 2015

What if one side had unlimited chances to win? That’s the question before the Florida Supreme Court in Bartram v. U.S. Bank. The Florida Supreme Court heard argument from lawyers on both sides to address the question of whether there is any limit on a bank’s right to try, try again after losing a foreclosure […]

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Is someone else living in your house?

October 25, 2015

Service of Process and Void Judgments Every so often, we get a call: “I didn’t even know I was in foreclosure!” It seems strange, but some people lose their homes to foreclosure even though they never learn of the lawsuit. The court case rolls on without them, the court enters judgment and holds a sale—and […]

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Ricardo & Wasylik wins 2015 Pro Bono Law Firm of the Year award

October 23, 2015

An Award-Winning FirmRicardo & Wasylik is proud to announce receiving the 2015 Pro Bono Law Firm of the Year award from Community Legal Services of Mid-Florida, which provides legal services to people in twelve counties across central Florida. How Ricardo & Wasylik serves the people of Florida The award recognized that over the last year, […]

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Trial court win on § 559.715, standing, and paragraph 22, turns into appellate win: McCormick 106, LLC v. Adjoda

October 15, 2015

Ricardo & Wasylik PL has successfully protected, in the appellate courts, a trial win from Palm Beach County in McCormick 106 LLC, v. Adjoda. The original loan came from BankUnited, FSB, a bank the FDIC shut down three months before its lawyers filed suit against our client in 2009. Yes, you read that right: a […]

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Is Someone Else Living in Your Home?

September 27, 2015

Every so often, we get a call: I didn’t even know I was in foreclosure! It seems strange, but some people lose their homes to foreclosure even though they never learn of the lawsuit. The court case rolls on without them, the court enters judgment and holds a sale—and in the worst cases, someone else […]

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Can you wipe out your mortgage with a TILA rescission notice?

May 27, 2015

It’s the hot new theory on foreclosure websites: wipe out your loan with a TILA rescission notice! Can you really do that? Is it really possible to wipe out your mortgage just by sending a letter? In the video below, Ricardo & Wasylik foreclosure lawyer Mike Wasylik explains what the TILA rescission right is, how […]

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Foreclosure Backlog Project Finally Expires June 30, 2015

May 17, 2015

Millions in ill-gotten bank gains used to tilt the scales against bank victims In 2013, five of the largest mortgage servicers in the nation ponies up billions of dollars to settle federal and state claims they they had violated federal and state laws by, among other things, using false information to obtain federal money backing […]

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Should you get a forensic foreclosure audit?

April 26, 2015

Should you get a forensic foreclosure audit? Many clients who come to us ask whether it’s worth spending hundreds or thousands of dollars some forensic audit firms will charge to review your loan. Some come to us, having already spent that kind of money, wanting to know if we can use it to help them. […]

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