Rosty Gore Sensed Judge was Wavering, Secures Victory via Ex Parte Application

Rosty Gore, a shareholder and trial team manager, has obtained yet another significant victory in a complex post-foreclosure eviction case, maintaining his undefeated record at the firm. This case, which hinged on a nuanced interpretation of the term “posting” within the foreclosure statute, and underscores Rosty’s ability to lead the court to our side when the law is unclear.  Further, Rosty’s instincts to know when a court delay might signal that the court needs additional argument ensured a critical win for our client.

Our clients, a group of lenders who extended over $1 million in financing secured by real estate valued at approximately $2 million, were forced to foreclose on this loan – and fight borrowers who simply would not leave. Having lost the house to foreclosure, the borrowers invested in a robust legal defense, challenging every element of the foreclosure and eviction process. A central point of contention was whether placing a “notice of sale” on a table in the community’s public library satisfied the statutory requirement for “posting” under the applicable foreclosure laws.

Throughout the litigation, Rosty was outnumbered but undaunted.  The borrowers’ defense team raised (seemingly) every issue that could be challenged, requiring our firm to submit five pocket briefs and to present nearly half a dozen witnesses during a rigorous three-day trial, preceded by a full day of pre-trial legal arguments. Among the issues raised were whether our client, acting as an agent for the lenders, had the authority to prosecute the eviction and whether explicit affirmation from every fractional investor in the lending group was required to proceed. The issue that resonated with the court was the defense’s challenge of the community’s practice of using a library table as a substitute for a traditional bulletin board for the “posting” of the “notice of sale.”

Following the trial, the matter remained under submission with the court for several weeks without a ruling. Sensing that the court may be stuck on an issue, Rosty proactively filed an ex parte motion to compel the court to issue its judgment. During the ex parte hearing, the court expressed uncertainty regarding the sufficiency of the “posting” method, specifically whether the library table placement complied with statutory requirements and asked for further argument on the spot. Rosty’s compelling argument, supported by his deep understanding of the statute at issue, persuaded the court that the notice was legally sufficient. As a result, the court promptly issued a judgment in our client’s favor, granting possession of the property and awarding over $70,000 in holdover damages for the period the borrowers unlawfully occupied the premises post-foreclosure.

While this victory demonstrates Rosty Gore’s ability to defeat a relentless foe brandishing every argument under the sun, what stands out in this particular case, is Rosty’s instinct to understand that the court’s delay signaled a need more information to secure our clients’ victory – and then securing that victory at the ex parte hearing.  Essentially, Rosty’s proactive nature ensured that our client emerged victorious.

If you need attorneys who both deeply understand the law, and act proactively at every stage, we would be happy to help you and look forward to working with you.