BROWARD COUNTY — A foreclosure defense attorney is concerned that a "shift" in foreclosure laws serves banks more than homeowners after a foreclosure appeal in the 4th District Court of Appeal ended in a bank's favor.
The appeals court reversed Broward County Circuit Court's ruling and granted HSBC Bank USA's request for a motion to rehear in its foreclosure case against Francisco Alejandre and Silvia Alejandre that started in 2008.
A pooling and servicing agreement (PSA) and the original note without a date were the evidence the bank used as a copy of the note was not included, according to court documents. The bank had a witness who testified that the closing date of the PSA was Sept. 7, 2006. The appeals court ruled that the PSA and the note were sufficient to prove the bank's case. It reversed the Circuit Court's judgment to dismiss the case under the notion that there was not a lack of evidence.
"I think that basically the law had already shifted to a pro-bank stance," Peter Ticktin, senior partner of Ticktin Law Group, who represented the Alejandres in the case, told the Florida Record. "I think that considering the phase of the law at the time the re-hearing was heard, the appeal court did what they needed to do and the right thing to do. I hate to say that considering we lost the case."
Still, Ticktin shed light on more issues that could surface when it comes to the homeowner and bank's relationship in foreclosure lawsuits such as this one.
"There has definitely been a shift, which I think is more pragmatic than necessarily what's in the best interest of the state of Florida and the people in the state of Florida," he said. "But of course I'm biased toward the homeowners. There's been a shift in a number of areas of the law, and though I understand it and the logic that falls behind it, I wish that the courts understood better of the harm that they're causing homeowners who are sucked in by predatory lenders."
As for what's next in the Alejandres' case with the bank, Ticktin said those legal issues are officially closed and they are working on reaching a settlement.