Melbourne Foreclosure Attorney Succeeds in Canceling Foreclosure Sale

A Florida foreclosure defense attorney at the Bowin Law Group successfully argued that the foreclosure sale on their Melbourne, Florida client's home should be cancelled and the foreclosure judgment reversed, thus forcing the bank to restart the entire foreclosure process from square one. Before the Bowin Law Group was retained to defend the foreclosure action, the bank submitted a proposed "agreed" order to the judge denying the homeowner's motion to dismiss the case. The Judge signed the proposed agreed order in due course. An agreed order is an order that is agreed to by both parties. In this case, however, the homeowner never agreed to an order denying his motion to dismiss the case. The Bowin Law Group's foreclosure defense attorney cross-examined the bank's attorney on the witness stand regarding the circumstances surrounding the entry of the "agreed" order. The bank's attorney admitted that she had no evidence of any agreement by the homeowner to deny the homeonwer's motion to dimiss. The court found that although there was no showing that the bank committed any fraud, the foreclosure sale should be cancelled, the foreclosure judgment vacated, and the homeowners should have a renewed opportunity to defend their home. This case is an example of why it is necessary to hire an experienced Melbourne foreclosure attorney to defend a foreclosure action. Without an experienced Florida foreclosure defense attorney to defend the bank's actions, a homeowner could lose their home due solely to the bank's "error."