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Foreclosure Luck

Some say luck is when an opportunity comes around and you’ve been prepared for it.

Luck is where opportunity meets preparation. But I often wonder how true this belief is when it comes to foreclosure. I mean let’s face it; some people have more luck than others. I have had clients who have been in foreclosure since 2007 and we are still fighting their case. There are others whose foreclosures were filed last year and they already have a pending sale date. The files that were able to ride the foreclosure wave without any attention and fell through the crack may be considered to have been luckier than those who were able to remain on the court’s radar.

In Foreclosure, I can honestly say I have seen certain cases that have been “luckier” than others. For example, in certain counties, when a case is set for trial, there is no way of knowing who the Judge would be. In Broward county, there is a duty Judge assigned to hear the trials, however, this judge may change every week or so. Therefore, there is no consistent Judge. Even if you were able to determine who the duty Judge of a particular week would be, it may not end up in front of that Judge but another Judge who may be available to hear a foreclosure trial. The luck comes into play on which judde will hear the case. As we know, all judges are different and in my experience they do not Judge the cases equally. Some judges are fairer than others. Some judges favor the banks and may rule more in their favor. Therefore, no matter how hard an attorney can prep, if a defense attorney ends up in front of a “Pro-Bank” judge, then the odds will not fall in their client’s favor.

Whether you believe in Luck or Blessings, pick your poison because sometimes we could use a little of both just to get through the foreclosure storm.

On the Corner of Luck and Blessings,

Sonja-Lucienne Cajuste

Categories: Foreclosure Defense
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  • Florida Trend's - Florida Legal Elite 2014
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