Christmas came early for two of my clients this year. I’m pleased to announce that I won a foreclosure appeal of a post-foreclosure eviction case this week in the District Court Appellate Division. In this case, my clients were challenging the validity of the foreclosure in the eviction case, where the bank was attempting to remove them from the home on the grounds of a lawful foreclosure. The basis of this foreclosure appeal was the lender’s failure to comply with the terms of the mortgage, an effective foreclosure defense following the Supreme Judicial Court’s Pinti v. Emigrant Mortgage decision.
In this case, which went to a full jury trial, the Trial Court denied our motion for a directed verdict, a request a defendant makes to end a trial on the basis that the plaintiff did not meet their burden of proof. Simply put, because the bank never sent my clients the correct notice, the bank failed to perform a lawful foreclosure.
A foreclosure appeal requires an enormous amount of time: my records show I put over seventy hours of work into this case. The effort, however, was well worth it, and just in time for the holiday season! This is an important remindeer of the importance of hiring an experienced foreclosure defense attorney for help with a foreclosure appeal: the complexity of these legal arguments (and extensive appellate requirements) makes an appeal a project that only an attorney should handle. If you are facing foreclosure and need to do a foreclosure appeal, contact me for a consultation.
A copy of the foreclosure appeal decision is below.