The Freedom Law Firm is a family oriented law firm in Orlando, FL that handles foreclosure defense cases and personal injury / auto accident cases. While other Orlando foreclosure defense firms may rush past important details, we thoroughly examine all facts and legalities in intimate detail to ensure our client receives the best representation possible. We are compassionate and caring people who actually care about the individuals we represent.
We are empathetic with the current economic conditions and understand that there could be several reasons for seeking our Orlando foreclosure defense services, and we will try to be accommodating to your financial situation. We understand that bad things happen to good people, so we want you to know we will be there for you!
The Freedom Law Firm of Orlando focuses on foreclosure defense and personal injury
/ auto accident cases. Contact Us Today At 407-
Freedom Law Can Help Stop The Bank From Taking Your Home
After A Car Accident, Freedom Law Can Help Get Your Life Back
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Here at The Freedom Law Firm, many of our clients live right here in Orange County, which falls within Florida’s Fifth District Court of Appeals. Recently, a very promising Court decision in Samaroo v. Wells Fargo Bank emerged out of Florida’s 5th DCA. While the opinion has not yet been officially released for Publication, it should soon create new law that will undoubtedly help Florida Homeowner’s in their fight against foreclosure. The decision specifically relates to the written notice requirement found in Paragraph 22 of most modern day mortgages. For years banks have been arguing that their notice of acceleration letters “substantially” comply with the clearly written requirements found in the subject mortgages. However, this decision strikes a major blow to the banks tired arguments, and actually requires the banks to adhere to the plain requirements found in the mortgages THEY DRAFTED.
The opinion specifically states in pertinent part, “Pamela Samaroo and Jessie Samaroo ["the Samaroos"] appeal the entry of summary final judgment of mortgage foreclosure in favor of Wells Fargo Bank, National Association…. On April 8, 2009, Wells Fargo filed its complaint to foreclose on the Samaroos’ mortgage. Wells Fargo alleged that there had been a default under the note and mortgage, and that all conditions precedent to the filing of the action had been performed or had occurred. The Samaroos filed an amended answer and affirmative defenses, asserting, among other defenses, that Wells Fargo had failed to give the Samaroos notice of default in compliance with paragraph 22 of the mortgage. Wells Fargo asserted that “a notice of default letter was sent to Defendant Pamela Samaroo, in accordance with Paragraph 22 of the Mortgage, on December 17, 2008.” It ultimately argued: “Accordingly, because Plaintiff provided the notice of default in compliance with paragraph 22 of the Mortgage, Defendants’ Tenth, Nineteenth, and Twentieth Affirmative Defenses do not bar entry of Final Summary Judgment.”
Freedom Law Attorney Blog Posts
Posted April 4th 2014 by Attorney Stites
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We fight tooth and nail to stop the bank from foreclosing on your home.
We brawl with the insurance companies to get you the money you deserve.
Most of the foreclosure clients we have walk through our doors are families trying to stay in their homes or at the very least are the original borrowers on the Note who are looking to either buy time while they renovate the property for sale or rent out the property. Either way, most of the time we are representing the person(s) that were an original borrower on the Mortgage and therefore have contractual rights that the bank must abide by. However, every now and then we come across a client that is now the title owner of the property (thus they have an interest in the action) but acquired their interest subsequent to the filing of the foreclosure action. Because these newly minted owners were not a party to the original mortgage/contract, they are NOT usually a named party in the lawsuit. You may be wondering how this is possible but the answer is actually quite simple. A couple of the more common scenarios involve a situation where either the original borrower had given up on the property once the foreclosure was filed against them so they simply deeded their interest to a third party buyer or they file for bankruptcy Chapter 7, erase all of their debt and walk away from the property, typically resulting in a third party purchasing the property from the bankruptcy trustee. The real question is, what rights do these new owners have considering they were not a party in privity of contract with the bank? Now the banks will have you believe that this new buyer has absolutely no rights and cannot defend the foreclosure in their name because they took title to the property after the lis pendens had been filed. Their logic is that the new buyer was well aware of what they were getting into when they bought the property and knowingly proceeded in acquiring title “subject to” the prior mortgage. There is clear case law that would tend to side with the banks if the attorney was looking to substitute in these new owners via a “Motion to Intervene” which is the typical channel in which a new party can step into an action. However, there is a different, less common strategy lawyers can use to afford these new owners the right to defend the foreclosure as if they were stepping into the shoes of the original borrowers but unfortunately its not a tactic that many attorneys implement and in most instances, don’t even know exists.
Posted April 14th 2014 by Attorney Stites
Judge decides to serve up a unique brand of justice: What happens when a attorney and a judge decide to brawl in the middle of a court. The entire incident lasted about a minute. Apparently the public defender stepped up to defend a man for assault charges.
“Two charges assault and resisting. You have the public defender, what do you want to do?” asked the judge.
“Did they file?” quipped the public defender
“They have.” The judge answered quickly.
“I’m not waiving.” Said Weinstock with an upward inflection.
“…Alright. What do you want to do?” asked the judge after some hesitation.
“What do YOU want to do? I’m not waiving. *laughs* You want to set if for trial, set if for trial.” The public defender shot back at the judge.
“Alright.” Said the judge sounding like he was already losing his patience's.
The public defender continued: “You want to set if for docket sounding, set if for docket sounding. I am not waiving in any case.”
The judge takes a deep breath and sighs loudly.
The public defender is cut off by the judge "You know, If I had a rock, I would throw it at you right now," Murphy said. "Stop pissing me off. Just sit down. I'll take care of it. I don't need your help. Sit. down."
Posted June 4th 2014
Posted June 13th 2014 by Attorney Stites
Everyday people come through our doors in distress because they have just been served
with a foreclosure Summons. One of the first questions we ask here at The Freedom
Law Firm is “what is your ultimate goal?” Now at first blush, the answer to this
question may seem like an obvious one (keep the house) but in fact, many different
people have many different goals. For instance, some young, first-
Most people want to keep their, and rightfully so. However, the hard truth of the matter is that simply saying you want to keep the home and hiring an experienced attorney to defend the foreclosure is not the be all end all when it comes to saving the home indefinitely. While it is a critically vital step due to the fact that you certainly need an experienced attorney to defend the case and prevent the bank’s lawyers from swooping in and stealing your home before you’ve had a chance to negotiate with the bank, that alone will more than likely not get it done. The more prudent plan of attack would be that while you hire an experienced foreclosure defense firm, such as our team here at The Freedom Law Firm, to fight the bank’s attorney’s in the courtroom, you should be simultaneously working with the lender to obtain a loan modification.
When it comes to saving a home from foreclosure, the most responsible and prudent advice I can give someone who is realistically looking to keep their home is simple; apply for a loan modification and do it NOW! While I certainly consider our firm to be one of the most aggressive and knowledgeable defense firms in Central Florida, obtaining 7 free homes in just the last year alone, more often than not, simply defending a case won’t ultimately result in you retaining the home for the long haul. While we defend the foreclosure case, we highly advise that YOU the borrower, SIMULTANEOUSLY begin working with the bank to obtain a more affordable payment plan. i.e. a loan modification. It’s a two prong strategy for home retention: we aggressively defend against the bank’s attorneys in the courtroom, while you apply for loan modification directly with the bank’s reps. Since a loan modification can take several months to be reviewed by the bank, the ideal time to do this is early on in the litigation process when there are no trials or major hearings on the horizon. There’s nothing more stressful for a client than trying to get a loan mod with a trial one month away. Unfortunately, we get calls from potential clients that have other attorneys that tell us they have a trial coming up in 3 weeks and they want to know what if anything they can do to save the house. Sadly, their previous attorneys did them a major disservice by failing to timely inform the client they could potentially obtain a loan modification and keep the home. Most of the time, these potential clients hear this news for the first time after calling us.
Banks are under no obligation to give you a loan mod but if you do not try, then you don’t have a chance. If you’re in home foreclosure, regardless of how far along your case is, and you’re serious about keeping your home, APPLY FOR A LOAN MOD IMMEDIATELY! This is going to take some time…
Posted July 15th 2014 by Attorney Stites
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C.W. Franklin & Mike Stites Attorneys At Law
Phone (407) 883-
The Freedom Law Firm, P.A.
P.O. Box 1987
Orlando, FL, 32801