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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New Law Office Opened
In late January we opened a new law office at 133 West Robinson Street, Orlando,
FL, 32801. It's on the corner of Robinson and Garland Ave, right next to interstate
4. We recommend you call ahead prior to coming by our office to set up an appointment
with one of our attorneys. Walk-
Hyper focused Car Accident Law Website Launched
Auto Accident Attorney Charles Franklin has just launched a new website dedicated to helping inform victims of auto accidents. The new site offers a plethora of information about what to expect if you are involved in a car accident. Below links a few examples:
Remember this information should be used for general knowledge only. The best way to find out what to do after a car accident is to contact one of our attorneys. Our no obligation pricing allows anyone to hire a experienced car accident attorney. If we don't recover compensation for your auto accident, you don't owe us anything. No sign on fees, no retainer fees, nothing unless we secure compensation for your injuries. Learn more at www.theorlandocaraccidentlawyer.com
We Have Begun Traveling to New Clients
The Freedom Law Firm has expanded service area from Orlando to all of central Florida. Though our main offices are still in downtown Orlando we have started offering home and hospital visitation for new clients. We understand certain injuries prevent some clients from being able to travel and can schedule a time to visit you after a phone consultation. We drive to homes and hospitals around central Florida to personally meet with new clients.
New Law Office Opened, Hyper focused Auto Accident Law Website Launched
Posted March 18th 2014
Posted March 31st 2014 by Attorney Stites
Over the last few months I have been noticing an unsettling trend developing with certain Courts in counties across Central Florida, and I must say, it’s deeply concerning. While a vast majority of Judges in this area still adhere to the clear parameters of the law when moving these cases along, a very select few have now begun automatically setting cases for trial, despite the fact that the case is clearly not “at issue” pursuant to the plain language of Florida Rule of Civil Procedure 1.440.
As recently as a year or so ago, a foreclosure lawsuit was still a battle waged between Plaintiff’s counsel and Defense counsel, and that’s it. Then, over time and with the passing of recent laws, including but not limited to House Bill 87, the Courts began feeling more and more pressure from the legislature to expedite these foreclosure matters in an attempt to combat Florida’s foreclosure crisis, which has been bogging down our court system for years. Thus, the Court more readily began stepping in and forcing these cases into motion. Which brings to mind Newton’s Third Law of Motion: which is, for every action, there is an equal and opposite reaction. Point being, when the legislature places pressure on the Judiciary to speed things up (action), the Judiciary is going to implement tactics that force these cases along, even if sometimes those tactics are premature (reaction). Now don’t get me wrong, there’s nothing wrong with a Judge taking precautionary measures to make sure foreclosure cases don’t linger around for years on end but when the Court’s begin to act in clear defiance of the plain rules simply to speed the case up, that is a major problem.
The first significant trend in the move towards hastening these cases towards a resolution was the prevalence of the Case Management Conference in the foreclosure defense process. In the beginning, these seemed innocent enough…
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
Auto Accident & Foreclosure Defense Lawyers
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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