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Success at Trial, and Success After Trial
December 3, 2014
In 16th Judicial Circuit case number 10-CA-303 P, Joe Gosz represented the Plaintiff, Felipe Frias, in a foreclosure action. Mr. Frias held a second mortgage, and, with the balance of the first mortgage, there was not any equity in the condo unit at issue in the foreclosure action. The case was hotly contested, with the defendants’ claiming that Mr. Frias forged signatures or otherwise was attempting to defraud them. The case went to trial, and, against a trial team from a large Am Law 200 firm that included 2 partners from the Daily Business Review’s 2014 South Florida Real Estate Litigation Department of the year, Joe not only scored a trial victory for his client, he convinced the Judge that the defendants were not worthy of belief in anything they said. To read the Findings of Fact and Conclusions of Law from the trial, click here.
Winning the trial did not guarantee that Joe’s client would recover what he was owed because of the first mortgage and the lack of equity in the condo unit at issue. In spite of the obstacles to getting paid, Joe managed to see to it that his client was paid very close to 100% of what he was owed, a result that would have been impossible had Judgment been entered and the unit taken to a foreclosure sale. It took a long fight and a lot of work, but Joe prevailed for his client in the end.