Major Florida foreclosure firm, Butler and Hosch, closed its doors unexpectedly last month leaving thousands of foreclosure cases in the wind. The banks will scramble to get these files transferred to new foreclosure firms throughout the state, but some will undoubtedly be dismissed as a result.
Inevitably, many of the foreclosures Butler and Hosch were prosecuting will have hearings scheduled and trials coming up, requiring an attorney for the bank to attend. Failure to appear on behalf of the bank at a trial or a summary judgment hearing could prompt the presiding judge to dismiss the case. Most likely, these dismissals will be without prejudice, which means the bank can refile their case and restart the foreclosure proceedings. Moreover, if properly motioned for, the bank may end up being required to pay the borrower’s attorney fees.
This may seem like a windfall for the borrower, and it is, however it does not mean the home is free and clear. If you are one of these borrowers, you may not be out of the woods just yet. When the banks inevitably reassign these files to a new law firm, your case will be reopened and you will need proper representation. Contact Glachman & Brill today if this situation effects your home and you want to know what to do next.