Florida Attorney Kenneth Trent made smart foreclosure attorney history with his Figeuroa v. MERSCORP case. This case exposed what became the fodder for the Florida Attorney General’s discovery that led to the halt of 10′s of thousands of wrongful foreclosures in the state and hundreds of thousands of foreclosures across the country as Florida’s AG discoveries spread to other State AGs. That case is history.
The case here is just another small disadvantaged borrower facing tall odds and a powerful bank with capable opposing counsel against staunch and honorable judges; in what some might consider the small sleepy sun drenched Key Largo, the first Florida key on the way to Key West.
Malo took the steps at the last weeks in his case before trial to hire FPG-USA to perform a Stage One Evidentiary Findings. The results were damning against the lender. One problem, the case was years in and the witness was brought in after the cut-off date.
Attorney Trent made his appeal to the esteemed Judge assigned to try the case in the courtroom. The case was then immediately moved to the honorable Judge Garcia who had heard the case. The FPG-USA report and expert’s affidavit had been provided late because FPG-USA came into the case late.
Attorney Trent was up against two formidable Judges who were not interested in delay and were not prepared to let borrower side attorney shenanigans stop this foreclosure. But the evidence was there in writing, it was submitted in form with request for judicial review. The judge reviewed it and in chambers, against considerable lender side opposing counsel objection; decided to allow both the evidence and the witness Richard Kahn to be admitted into the case.
Opposing counsel for the lender continued to object fiercely, he was a good opposing counsel to his client. Like Trent, his genteel manner belied his considerable capabilities. He requested to depose the expert which was granted with the exception that opposing counsel pay for it. The FPG-USA senior qualifying expert Kahn readily agreed and we’ll see where that goes.
In a recess in the courtroom opposing counsel, a fine capable attorney, posed the question to Kahn “if the borrower can afford you, why isn’t he simply paying his mortgage?”. To wit Kahn answered “why should your client be allowed to foreclose a property sworn oath federal filings I have discovered and produced reveal they don’t own?”
Attorney Kenneth Trent does honor to his profession. After several hours of listening to foreclosure cases waiting for this case to come up, it became clearly evident that Monroe County Florida, representing the strip of islands known as the Florida Keys, has somehow obtained smart, hard and knowledgeable judiciary for their bench. Litigating borrower side attorneys are well advised to bring hard evidence and sharpen their courtroom skills against such formidable Judges; they can learn a lot from watching Kenneth Trent at work.