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Eight Reasons Why We Are Different

If you talk to our clients they will tell you that Shuster & Saben is different. There is a reason that lawyers for insurance companies against whom we have litigated cases have referred their friends, family members and staff to our firm for foreclosure defense. Our firm has clients that are practicing and non-practicing attorneys. Here are some of the reasons why we are different:

  1. We won’t take your case if we can’t help you. Some homeowners facing foreclosure do not need a lawyer. If your case and your financial situation will not benefit from hiring a lawyer we will let you know.
  2. We have a Written Limited Money Back Guarantee Program. Some lawyers make promises. We have a limited money back guarantee program. No lawyer can guarantee a result. For the same reason a criminal lawyer can’t guarantee a not-guilty verdict we cannot guarantee to save your house. We can guarantee that if within a year of the filing of the foreclosure case you lose your home of a writ of possession issued after court ordered judicial sale then your will receive a 100%, 75%, or 66% rebate as set forth in our written limited money back guarantee. For complete details, click here to download the written limited guarantee.
  3. If you can solve your problem without a lawyer we will tell you what your options are. One of the firm’s clients came to us with a foreclosure summons on his rental property. Three months before the lender filed the foreclosure action, the client had listed the property, a North Miami Condo, with a Realtor in an attempt to complete a short sale. A week before he was served his realtor received an offer on the condo. Before visiting our office the prospective client had interviewed two other law firms, both of which suggested he immediately hire an attorney and pay a substantial upfront retainer. We told the client that if the realtor could complete the short sale in the next sixty days, he would not need a lawyer. We told him that he could hire the firm immediately if he wanted to or file a pro se (self-represented) motion for extension of time and attach his short sale offer in support of the motion. Our consultation was free. Unfortunately, the real estate agent could not complete the sale because the lender did not approve the sale within sixty says. Ultimately the client hired the firm for the purpose of preventing a foreclosure prior to completion of the short sale. We want to educate our clients about the foreclosure process so that together we can determine their needs and goals and craft a strategy that reflects their individual case and financial situation.
  4. We are litigators. We are not real estate lawyers who sit in their office, draft contracts, and do closings. When I bought a house, I hired a real estate lawyer and we regularly consult real estate lawyers, but foreclosure is not a transactional practice. Foreclosure defense is litigation. We are a civil litigation firm that tries cases. Our firms attorneys tried dozens of jury trials, from catastrophic personal injury cases to business and insurance breach of contract cases to first degree murder trials followed in state and national new media.
    Combined, our legal team prevailed on over one thousand summary judgment hearings. Almost every day that the Courts are open, lawyers from our firm are arguing motions or trying cases. We know the rules of evidence, the discovery process, how to build a case, and how to take a case apart. Before we defended homeowners in foreclosure cases, we represented and continue to represent consumers, small business, and medical providers in lawsuits against big insurance. We are proud that lawyers who defend insurance companies, against whom we litigated cases, have referred friends, family and colleagues to us for foreclosure defense. If you are thinking of hiring our firm, or if you have already hired us, you are welcome to come to Court and see us in action.
  5. We believe in what we are doing. The lawyers for the banks and lenders may make snide remarks and accuse us of defending deadbeats. We don’t see it that way. We see it as protecting and seeking justice for homeowners who often were tricked into inappropriate loans by mortgage brokers and banks. Many of our clients were sold loans that were doomed to fail. Loans that once the teaser rate was over and the A.R.M. adjusted the homeowner could never afford on the wages they were earning when they took out the loan. The original lenders and mortgage brokers knew these loans were doomed to fail but sold the loans anyway to earn fat commissions and yield spread premiums. The original lenders and brokers did not care because they intended to flip the loan as soon as the ink was dry. Financial institutions like Lehman Brothers, Washington Mutual, and Wachovia were destroyed by this greed that nearly destroyed America’s economy and caused the current recession. Now banks that accepted hundreds of billions in T.A.R.P. money based in part on their promise to modify mortgages are failing to deliver the loan modifications they promised. People who are not outraged have not been paying attention. We want to stand up for homeowners when nobody else can or will.
  6. We are straight talkers. There are some lawyers who make big promises, take the clients money, and never deliver. We do not have screaming headlines that say “SAVE YOUR HOME” because not every home can be saved. We will tell you of the pros and cons and the potential risk and reward on any strategy we agree to use on your behalf. We will promise to act diligently, assert every defense that we can plead on your behalf in good faith and to make the bank produce the note and evidence to support every element of their case. In many cases the bank may have difficulty proving their case especially if the bank has lost the note. In some cases we may find violations of applicable federal laws governing home sales and mortgages. If we have leverage or the lender stumbles in Court, we will do our best to get the case dismissed or to settle the case in a manner that reduces the amount of the loan to the current value of the house (or less). At our office, we can show you orders from cases we have handled and discuss our experience and results in greater detail. We will tell you where you stand and what we intend to do. If you are looking for advice with sugar coating we are not the firm for you.
  7. We have a client centered pricing system. Some foreclosure lawyers change a one-time upfront fee. If you want to know how many hours that lawyer expects to spend on your case just take the total amount of the upfront fee and divide it by the lawyer’s hourly rate. If the upfront fee is $2,100.00 and the lawyer charges $300.00 an hour, the lawyer expects to spend seven (7) hours on the case. With an upfront fee once the lawyer gets paid the whole fee up front what is their financial incentive to continue working on the case? Other foreclosure defense lawyers change by the hour. One month the lawyer might charge for just one hour but if during the next the lawyer completes discovery, goes to court, and files an answer the lawyer might bill for ten hours. If the lawyer bills ten hours the client’s bill may go through the roof and the client might be unable to pay the full bill. Our bill is the same every month. For loans under $500,000.00, the client’s monthly out-of-pocket cost is just $495.00. If, as a result of our efforts, the case is dismissed with the client keeping their home, or the mortgage loan balance is substantially reduced, we receive a contingent bonus. Our entire fee agreement is in writing so there are no surprises. Our firm is not the cheapest foreclosure defense firm and we are not the most expensive. We believe that we deliver an exceptional value. Our clients who have referred their friends and colleagues apparently agree.
  8. We do NOT defend foreclosure statewide. If you live in Pensacola, we can’t take your case because we have no intention of going to court in Pensacola. Ditto for Jacksonville. We may be able to refer Jacksonville and Pensacola residents to a qualified local firm, but we will not take your case if we do not plan to go to court for you. Right now we are accepting cases in Dade, Broward, Palm Beach, Lee, Collier, Martin, St. Lucie, Indian River, and Brevard counties. We will accept Orange county cases with the understanding that we will bring in local Orlando based co-counsel to handle some parts of the case. If you live in rural North Central Florida we might be able to accept your case with local co-counsel. We plan on going to court in every case we take. Naples and Ft. Myers are an easy drive from our West Broward office and we will be opening an office in the Space Coast later this year. If you are not in the zone we serve and would be better served by local counsel we will let you know. We are trying to do the best job we can defending foreclosures from Miami to Melbourne and throughout Southwest Florida. We have five attorneys, so we can handle hearings in several different counties all on the same day. We wonder how some solo practitioners can advertise or deliver “statewide” foreclosure defense or can afford to fly from their office to Court in a remote part of the state. We do not bite off more than we can chew.
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Miami Office:
4770 Biscayne Boulevard Suite 1030 Miami, FL 33137
Phone: (305) 576-8688

Melbourne Office:
540 North Harbor City Blvd. Melbourne, FL 32935

Ft. Lauderdale / Plantation Office:
8551 West Sunrise Blvd. Suite 209 Plantation, FL 33322