Another appellate win overturning an improper foreclosure!

Posted by H. Daniel McKillop on Apr 11, 2016 | 1 Comments

We are starting to put together a nice string of wins at trial and on appeal. This latest win overturns a foreclosure judgment from 2014.

C.G. v. Ventures Trust - 2D14-4668

The Second District has been very consistent in overturning bad foreclosure judgments which originally favored the banks. This is a case that we took to trial, at the client's request, because we knew we had an excellent chance of winning. The original plaintiff, JP Morgan Chase, filed the original promissory note with the clerk of court in 2013. A new bad-debt buyer entered the case in 2014 claiming that they were now the right party to foreclose on the home. We challenged Ventures Trust's case at trial but, unfortunately, we lost.

Knowing that the case was not hopeless, we filed an appeal for our clients arguing that Ventures could not be the "holder" of the promissory note in 2014 when the note had already been filed with the clerk of court in 2013. And the Second District, true to form, agrees!

Final judgment of foreclosure reversed, with instructions to the trial court to enter an involuntary dismissal.

We take all of our appeals on a partial contingency arrangement - our clients pay a partial flat fee and pay nothing more unless we win. This arrangement is working out very well for us, and I'll explain it more in a future post.

We are waiting for this opinion to be finalized and published. Then we will petition to have our attorney's fees paid out by the bank. There's still a lot of work to finish in this case, but for now we're very happy to have kept this client from losing her property for no reason.  

About the Author

H. Daniel McKillop

Dan McKillop sues and defends lawsuits for individuals, families, and small business owners. He also advises small business owners in areas of real estate and contract formations.


Colette Marquis Reply

Posted Apr 17, 2016 at 05:51:00

Congratulations to you and the homeowner!!!! I’m excited to hear that there might be hope to keep my home!!!! Great work and thanks for sharing this!

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