Bruce Jacobs, of Jacobs Keeley, reversed a per curiam affirmance (or PCA) and deserves a shout-out for his victory

Mortgage-Fraud-Heist-Fight-Foreclosure-And-WinHomeowners challenging the bank’s foreclosure attorneys in court (as well as the attorneys representing foreclosure victims), struggle with great mental stress (“Post Traumatic Foreclosure Disorder (PTFD)”) and lending (banking) fraud.
Thus, when I read about cases that reversed its ruling in favor of homeowners I take notice and shout in joy.

Thank you Neil Garfield for sharing this report, and thank the legal team with Bruce Jacobs who accomplished a rare legal feat.
Please download and read the PDF file:
DISTRICT COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT Appeal Case #4D14-815

Miami foreclosure defense attorney Bruce Jacobs accomplished what few attorneys have the commitment, perseverance and sheer guts to accomplish. However, he did so knowing he had a good criminal attorney in his corner- in case the court decided to sanction him, file a Florida Bar ethics complaint or possibly put him in jail.
[…] First, Jacobs was able to successfully petition the Fourth District Court of Appeal to issue an opinion about a case it had already affirmed without providing an opinion, and then proceeded to persuade the court to reverse its ruling. If more attorneys would go to the mat for their clients like Jacobs and Keeley did- we might see more homeowners prevailing.

Bruce Jacobs, of Jacobs Keeley, reversed a per curiam affirmance (or PCA) and deserves a shout-out for his victory. Neil Garfield commented, “It is extremely unusual for an appellate court not only to write an opinion when they have made a decision not to write one, but then to recognize their error and reverse themselves is a rarity.”

[…] I have to tell you something. I have lawyers in here that don’t sleep because of the weight of the cases that they handle, and they do not do what you’re doing,” Streitfeld said before taking a five-minute recess. “You better get your act together.”

Jacobs was admonished again when he had the audacity to interrupt bank attorney Heidi Weinzetl while she made remarks to the judge he found unsettling. Judge Streitfeld continued, “If you two do this one more minute, you’re going to spend the weekend in a very uncomfortable place.” He continued, “That’s just not what we do. We don’t do that, and you don’t do that. She was responding to my question.” It is no big mystery that the judge sided with the lender who had no more evidence of standing than if someone with a copy of the note and a fake indorsement walked into the courtroom and laid claim to the home.

neil-garfield

Standing, Demanding & Remanding-Miami Foreclosure Attorneys Jacobs and Keeley

Posted on April 1, 2016 by Neil Garfield

By William Hudson
2015. Lewis v USBank-Motion-for-Rehearing

Miami foreclosure defense attorney Bruce Jacobs accomplished what few attorneys have the commitment, perseverance and sheer guts to accomplish. However, he did so knowing he had a good criminal attorney in his corner- in case the court decided to sanction him, file a Florida Bar ethics complaint or possibly put him in jail. Jacobs is partners with former prosecutor and criminal defense attorney Court Keeley, so at least he would have someone to post bail.

First, Jacobs was able to successfully petition the Fourth District Court of Appeal to issue an opinion about a case it had already affirmed without providing an opinion, and then proceeded to persuade the court to reverse its ruling. If more attorneys would go to the mat for their clients like Jacobs and Keeley did- we might see more homeowners prevailing.

Bruce Jacobs, of Jacobs Keeley, reversed a per curiam affirmance (or PCA) and deserves a shout-out for his victory. Neil Garfield commented, “It is extremely unusual for an appellate court not only to write an opinion when they have made a decision not to write one, but then to recognize their error and reverse themselves is a rarity.”

The March 9 ruling by District Judges Robert Gross, Mark Klingensmith and Jonathan Gerber went unsigned but granted Jacobs’ motion for rehearing, withdrew the PCA and entered an opinion that reversed in favor of the homeowner against U.S. Bank. The court’s ruling was even more miraculous in light of the fact that the case had begun back in 2008 with Jacobs and Keeley refusing to compromise that U.S.Bank, acting as trustee for the registered holders of ABFC 2007-WMC 1 Trust, had no right to file a foreclosure action when no copy of the original note was attached to the bank’s complaint and questioned how the bank could reestablish a lost note. Broward Circuit Judge Jeffrey Streitfeld was not happy with the obstinate attorneys.

By the time the case went to trial in 2014, the bank had added indorsements to an allonge attached to the note, however, the bank’s witness could not explain when the indorsements had been added. It is not uncommon for “magical indorsements” and “phantom assignments” to mysteriously appear out of the ether when banks start practicing their voodoo “photoshop” dance that raises fake instruments from the dead.

The trial transcript demonstrates that Jacobs and Keeley dug their heels-in and reiterated that the lender could not sue the homeowner without evidence of standing- in which the bank lacked. […]

Read More: https://livinglies.wordpress.com/2016/04/01/standing-demanding-remanding-miami-foreclosure-attorneys-jacobs-and-keeley/

Similar Archived Legal Issues:
https://ronmamita.wordpress.com/2016/02/02/in-spain-are-they-going-after-the-bankers/
https://ronmamita.wordpress.com/2014/08/04/bank-of-america-ordered-to-pay-1-2-billion-for-fraudulent-mortgages/
https://ronmamita.wordpress.com/2014/07/08/maine-supreme-court-hands-major-defeat-to-mers-mortgage-registry/
https://ronmamita.wordpress.com/2014/01/27/list-of-busted-mortgage-companies/
https://ronmamita.wordpress.com/2013/01/12/new-mortgage-rules-protect-banks-at-the-expense-of-american-households/
https://ronmamita.wordpress.com/2016/02/25/theft-is-now-redefined-as-negative-interest-rates-by-banksters/
https://ronmamita.wordpress.com/2016/01/30/lost-trust-in-the-system-more-legal-complaints/
https://ronmamita.wordpress.com/2015/08/06/trend-continues-many-law-firms-foreclosure-offices-out-of-business/
https://ronmamita.wordpress.com/2015/03/31/detroits-imperiled-home-owners-and-small-businesses-demand-moratorium/
https://ronmamita.wordpress.com/2014/11/27/neil-garfield-now-that-you-have-won-your-free-house-what-happens-next/
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One comment on “Bruce Jacobs, of Jacobs Keeley, reversed a per curiam affirmance (or PCA) and deserves a shout-out for his victory
  1. RonMamita says:

    The Emergence of Post-Traumatic Foreclosure Disorder

    Posted on April 6, 2016 by Neil Garfield

    By William Hudson

    Homeowners facing foreclosure vacillate through a predictable cycle of fear, helplessness, betrayal, confusion, powerlessness and sometimes the desire for retribution. Some callers display a pressured, almost manic-like urgency to correct their situation while some are so beaten down they are complacent.

    Read More:
    https://livinglies.wordpress.com/2016/04/06/the-emergence-of-post-traumatic-foreclosure-disorder/

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