Law Offices of Robin Bresky Obtains Affirmance of Foreclosure Judgment

Law Offices of Robin Bresky Obtains Affirmance of Foreclosure Judgment

Silverthorne v. Aurora Loan Services, 3D11-2824 & 3D12-1056

The Third District Court of Appeal recently affirmed a foreclosure judgment in favor of the lender, for whom the Law Offices of Robin Bresky was lead appellate counsel. The homeowner raised numerous issues in her two initial briefs totaling almost 100 pages in these consolidated appeals. Many were procedural, such as arguing that the trial judge erred in setting the case for trial because the case was not yet “at issue.” We countered that the Circuit Court has the discretion to find an action ready to be set for trial and to order a trial date. As another example, she complained on appeal that she could not hear all of the trial proceedings in which she had participated by telephone. However, when the trial judge expressed concern about ensuring that the homeowner could hear properly, she had told the court to proceed regardless.

The homeowner also raised numerous substantive issues, such as attacking the lender’s status as assignee and holder of the Mortgage and Note. We showed that most of those issues were not preserved for review; and, in any event, they were without merit. She also alleged inadequacy of the foreclosure sale price but failed to prove any of the special factors that might allow setting aside the sale on the basis of the price.

The Third DCA implicitly rejected all of the homeowner’s arguments by issuing a per curiam affirmance in favor of our client, the lender.