Foreclosure Defense Pioneers: The Firm is widely regarded as Florida’s original and premier foreclosure defense law firm. Michael H. Merino, P.A. was one of the first law firms to aggressively defend against lender foreclosure lawsuits. The Firm has handled thousands of foreclosure cases statewide with great success. We were one of the first law firms to allege robo-signing and lender fraud. The Firm has established and excellent reputation throughout Florida as being a highly experienced, results oriented Firm who litigates its cases vigorously and aggressively with the ultimate goal of assisting its clients with the orderly disposition or preservation of their real estate.
Aggressive Tactics: The law firm’s attorneys legally require the foreclosing bank to provide strict proof that the bank has initiated the foreclosure proceeding has the proper standing in the Courts of Florida to enforce the promissory note and foreclose upon the mortgage which secures payment of the promissory note. The law firm’s attorneys force the bank to prove it legally holds the promissory note as the owner of the promissory note, as these terms are defined by the Uniform Commercial Code. The law firm’s attorneys force the bank to adhere strictly to the Florida Rules of Civil Procedure, which controls the progress of a civil case through the court system (a foreclosure case is treated like all other civil litigation matters). The law firm’s attorneys force the bank and the Judges to follow Florida case law that controls the issues presented by a foreclosure matter, and when the Judge does not follow established case law, the law firm’s attorneys are ready, willing and certainly able to “take an APPEAL” of the matter to the appropriate district court of appeal. The law firm’s attorneys force absolute compliance with the United States Constitution that prohibits the state (the court) from taking a person’s property without due process of law.
Extensive Knowledge of Florida and Federal Consumer Laws: The Firm’s attorneys are very knowledgeable and well versed in Florida foreclosure and consumer laws which are meant to protect the consumer. Its intimate knowledge of Florida case law, the Florida Rules of Civil Procedure, the Florida Uniform Commercial Code as well as the Florida Consumer Collection Practices Act and various other laws allow the Firm to provide its foreclosure clients in excellent representation. In addition to its extensive knowledge of State laws, the Firm’s attorneys are also well versed in numerous Federal laws affecting the foreclosure process some of which are included below:
- Truth in Lending Act (TILA)
- Real Estate Settlement Procedures Act (RESPA)
- Fair Credit Reporting Act (FCRA)
- Home Owners Equity Protection Act (HOEPA)
- Federal Fair Debt Collection Practices Act (FDCPA)
- Florida Consumer Collection Practices Act (FCCPA)
- Florida Unfair and Deceptive Trade Practices Act (FDUPTA)
- Racketeering Influenced and Corrupt Organizations Act (RICO)
- Florida Fair Lending Act (FFLA).
Extensive Knowledge of Government Assistance and Other Programs: The Firms attorney’s are on the cutting edge of the various existing and new government programs which have been implemented in recent years to assist homeowners such as:
- Homeowners Affordable Modification Program (HAMP)
- Homeowners Affordable Refinance Program (HARP and HARP 2.0)
- FHA Short Refinance Program
- Florida’s Hardest Hit Program
- Attorney General/Department of Justice Settlement with the 5 major lenders ($25 Billion Dollar Settlement)
- Homeowners Affordable Foreclosure Alternatives Program (HAFA), and numerous others.
The Firm’s attorney’s are constantly studying and keeping themselves up to date with the newest laws, government programs, lender programs and case law to better serve its clients.