Periodically we publish things that we think are important and can be of use to fellow practicing attorneys. When I read the Steinberger decision I felt it was just plain right. And I knew at a glance it was applicable in Florida and other states. This case, in combination with other legal arguments will help tip the outcome in many cases for years to come. And it reveals some simple concepts that are not being discussed in the main stream of legal writing. The main thing is the simple idea that banks cannot lure people into default, foreclose on them and get away with it. Where the Glaski case in California shows that the banks can and should be liable for wrongful foreclosure, the Steinberger decision shows one of the ways that can be mapped out in your pleadings.
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Filed under: foreclosure |