CLASS ACTION FILED| Figueroa v. Law Offices Of David J. Stern, P.A. and MERSCORP, Inc.

CLASS ACTION FILED| Figueroa v. Law Offices Of David J. Stern, P.A. and MERSCORP, Inc.

CLASS ACTION FILED| Figueroa v. Law Offices Of David J. Stern, P.A. and MERSCORP, Inc.

KABOOM!!! This will send out shock waves.

After last week’s lawsuit filed on behalf of investors for possible securities fraud violations against DJSP Enterprises and another pending. I present to you another Class Action filed 7/26/2010 this time against the Law Offices of David J. Stern P.A., David J. Stern and MERSCORP, Inc..

Mr. Trent totally “gets it” and in this complaint he outlines and points out what we all have a hard time piecing together.

Here are excerpts of the complaint:

Beginning in or about 1999, the Defendant Firm joined with Defendant Merscorp, Inc., and other conspirators in the fraudulent scheme and RICO enterprise herein complained of. The employees of the Defendant Firm, including many licensed attorneys, have become skilled in using the artifice of MERS to sabotage the judicial process to the detriment of borrowers, and, over the past several years, have routinely relied upon MERS to do just that.

As Stern boasted to a room of investors at a recent promotional event, recent “direct source initiatives” by the larger lenders increasingly enable the Defendant Firm, DJSP, and other entities recently formed by Stern to take mortgages “from cradle to the grave.”

The whole purpose of MERS is to allow “servicers” to pretend as if they are someone else: the “owners” of the mortgage, or the real parties in interest. In fact they are not. The standard MERS/Stern complaint contains a lie about this very subject. While the title of the standard complaint makes reference to “lost loan documents,” in the body of the standard complaint, the Defendant Firm alleges that the plaintiff is the “owner and holder” of the note and mortgage. Both cannot be true unless the words used are given new meanings.

With the oversight of Defendant Merscorp and its unknown principals, the MERS artifice and enterprise evolved into an “ultra-fictitious” entity, which can also be understood as a “meta-corporation.” To perpetuate the scheme, MERS was and is used in a way so that to the average consumer, or even legal professional, can never determine who or what was or is ultimately receiving the benefits of any mortgage payments. The conspirators set about to confuse everyone as to who owned what. They created a truly effective smokescreen which has left the public and most of the judiciary operating “in the dark” through the present time.

The preparation, filing, and prosecution of the complaints to “Foreclose Mortgage and to Enforce Lost Loan Documents” were each predicate acts in the pattern of racketeering activity herein complained of, and were actions taken in furtherance of the MERS enterprise. The actions could not have been brought by the Defendant Firm without the MERS artifice and the ability to generate any necessary “assignment” which flowed from it.

By engaging in a pattern of racketeering activity, specifically “mail or wire fraud,” the Defendants subject to this Count participated in a criminal enterprise affecting interstate commerce. In addition to the altered postmarks described below, the mail fraud is the sending of the fraudulent assignments and pleadings to the clerks of court, judges, attorneys, and defendants in foreclosure cases. These Defendants intentionally participated in a scheme to defraud others, including the Plaintiff and the other Class Members, and utilized the U.S. Mail to do so.

These documents were executed by an “Assistant Secretary” or “Vice President,” apparently of MERS. In reality, the person executing the assignments had no knowledge whatsoever of the truth of their contents, and was simply an employee of the Defendant Firm.

Altering common hardware and/or software used by the Defendant Firm so that envelopes used to mail important legal documents, such as final judgments, to defendants contain no date of mailing in the postmark and intentionally delaying in sending the mail until defendants have lost their rights. (Exhibit F). These predicate acts constitute “mail fraud.”

Here is an explanation from David J. Stern of the continuing foreclosure rout:

One of my favorite questions from one of my believers, one of my investors on the first call-in, “What inning are we in? If this was a baseball game, what inning are we in?” And my response is, we’re only in the 2nd inning. We still have 3 innings of foreclosures left, and after the foreclosures, we have 3 innings of REO liquidation and as the REO liquidations pan out, we get into the re-fi and we get into the origination.
[ . . . ]
So yeah, we’re in the 2nd inning, but guess what – when we get to the 9th inning, it’s going to be a doubleheader and we got a second game coming. So when people say, “Oh my God, the economy is bad!” I’m like, “Oh my God, it’s great.” I mean, I hate to hear people are losing their homes and credit isn’t available and credit is such that they can’t re-fi, but if you are in our niche, it’s what we do and it’s what we want to see.

[ipaper docId=34959419 access_key=key-zii1wo2j5d6enxmd05b height=600 width=600 /]

Thank you attorney Kenneth Eric Trent P.A. from Ft. Lauderdale , FL !

© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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35 Responses to “CLASS ACTION FILED| Figueroa v. Law Offices Of David J. Stern, P.A. and MERSCORP, Inc.”

  1. Patricia L. Keith says:

    I initially engaged in a modification of my home mortgage with Wells Fargo back in March 0f 09. Needless to say, it was the most tormenting, agonizing process my husband and I have ever experienced. After our first 3 months of a trial payment modification, we were told that for some reason we had fallen off the rails and were no longer in the program. After providing them with the documentation that I had kept, they put us back in the program, finally admitting that there was no reason for us to have been terminated and if we would update all of our information, they would try and expedite our file. That was sometime around the first of the year. It took until May of 2010 for them to put us on yet another 3 month trial payment, which we fullfilled as well. Our modification was finally finalized sometime the end of August. The bottom line is, because of these payment plans that THEY placed us on, they reported to the credit bureau that we were delinquent in our payments – therefore our squeeky-clean credit that we have built for the past 30 years, has been destroyed. My question to you is, if there is a Class Action Suit that has already been filed, what would it take to get my name added to it. Thanking youo in advance,

    Patty Keith – 503-769-6677

  2. Jeffrey w Kennedy says:

    We ou victims of Mortagage Fraud, We are posiative WAMU inflated apprisal on Home. Our Latest Tax’s on our home value $46,000 our last apprisals were $325,000 I then called and said way to high, Another apprisal was done at $265,000 in four years we have lost all $219,000 in Equity due to over inflated apprisals.

    We would like to sue WAMU can anyone help?

    Thank You & Be Safe,

    Jefffrey w Kennedy

  3. joe says:

    My home was sold in Miami Dade County courthouse steps by David Sterns law office…He was representing GMAC..is there a class action lawsuit?
    please let me know thanks…Joe

  4. Marie De Lacaze says:

    MULTIPLE FRAUD TIPS (I HAVE THE PROOFS)- BEFORE THEY BECOME FORECLOSURE- HANGING ON BY A THREAD – BUT HANGING…..

    They (COUNTRYWIDE/BANKAMERICA/THE BROKER) did it to me too: you name it, they did it! they falsified my application, whited out my original information, inserted their own lies after I signed the application- (MY OWN ATTORNEY PRESENT AT THE SIGNING STATED – SIGNED HER OWN CONFIRMATION- IN WRITING THAT THEY DID.I’ve enlarged the refinancing application to show that the lines in between those lies they filled in which were whited out and retraced – thus the zig zag of the re-tracing visible as proof of fraud- they inflated my appraisal, (I have proof that the town has appraised and assessed my house $200,000.00 lower that year) they made up a fictitious employment application- unknown by me, signed by them – never seen by me till 4 yrs later- to send to the lender backing up their lies about my salary, inflated it to $7,000.00 more a month, they lied about my profession, the years I worked there, the company’s name- etc. (this 2nd fake application AFTEWARDS- UNSEEN BY ME AND MY ATTORNEY -was sent in afterwards after they whited out the original information I signed under the watchful eyes of my own attorney) they ignored and tossed aside my W-2 that I gave them which proved that I only qualified for a reversed mortgage based on my low income, my age and my financial status -my attorney at the signing stated in a letter of truth that everything I’m saying is true – they inserted afterwards adjustable rate riders (4 pages) and transported my signature- they got me into a STATED-(though I was a simple telemarketer with no right to go stated- had no business of my own and only owned one home- NO DOCS- SUBPRIME- OPTION ARM ADJUSTABLE 8.5% to mature to 11.5%/15.5% (NEGATIVE AMORTIZATION – I would have to pay over a million dollars at the end of the loan from those rising interests rates they put me into) which inserts they included afterwards -My attorney and I never saw those 4 pages -inserts – otherwise she would have never let me sign those forms-till a year later when I asked the lender to fax me the entire application- they refused to give me a copy of my signed application at the end of the refinancing – they refused to modify my loan although I pre qualified according to the Making Home Affordable and presented them with all the required documents- they kept on stalling me and re-asking me for the same forms over and over again – then they put me into an interest loan – they lured me coherced me, made false promisses -MY ATTORNEY AT THE SIGNING WAS PRESENT (!?!?!?) WHEN they told me that the only way they could do the refinancing for me (had to pay my ex husband off his share of the house) was to borrow more money out of the equity of my house which was paid for in full and to put in a bank account to pay for the mortgage at the interest rates of 8.5% – automatically each month – that was the only he said I could refinance- only under those terms- then -the broker – would automatically refinance my loan to a low interest rate – when the funds would have been exhausted – he would drop my rates he told me- to a third of my income as in the Making Home affordable- this he said would be the only way I would be able to refinance the house- HE LIED – My attorney was present and she agreed- . It was my first time refinancing and the broker was my employer-I was a senior – I have those proofs – he lied to me and now is out of business nowhere to be found- leaving me in this mortgage fraud.They put pressure, intimidated, harrassed, bullied me, threatened to fire me- stalked me at night by the paking lot after overtime hours when I ws walking up to my car, by the ladies room and sent others to pester me when I hesisated- The loan officer hoovered over me while I was working and came nose to nose with me, spitting in my face to frighten me and to question me as to why I was hesitating and taking so much time to sign those papers- they threaten to fire me from my job (and if you a senior citizen, THAT IS AN INTIMIDATION- A THREAT !)

    THIS IS, AS YOU CAN SEE ONE OF THE WORST CASE OF LIES, FALSE PROMISSES, COHERTION, FALSIFICATION OF DOCUMENTS INTENT TO DECEIVE, DELIBERATE AND PRE CALCULATED INTENT TO LEAD A HOMEOWNER TO DEFAULT (I’m hanging on by a thread!)

    AND I CAN PROVE EVERYONE OF THOSE STATEMENTS-

    THIS WAS MY FIRST TIME REFINANCING –

    DO THOSE QUALIFY AS THE WORST KIND OF LIES YOU’VE EVER HEARD IN THE MORTGAGE FRAUD AND PREDATORY DECEPTIVE PRACTICES FROM LENDER AND BROKER ?

    Please contact me – std25@optimum.net (or call me in the morning at 516-495-4556)

    MDLC

Trackbacks/Pingbacks

  1. […] This post was mentioned on Twitter by DinSFLA, DinSFLA. DinSFLA said: CLASS ACTION FILED| Figueroa v. Law Offices Of David J. Stern, P.A. and MERSCORP, Inc. http://bit.ly/cnGHnv […]

  2. […] I was wondering how long it would take before someone got their dander up…. "Defendant Merscorp, Inc., is a foreign corporation created in (on?) or about 1998 by conspirators from the largest banks in The United States in order to undermine and eventually eviscerate long-standing principles of real property law…. MERS is the RICO enterprise and is the primary innovation through which the conspirators, including the Defendants, have accomplished their illegal objectives as detailed throughout this complaint. Well, well, well…. read the rest of the complaint – it's good. Specifically, it appears they managed to get the "signer" of a large number of these documents (who claims to be an officer of MERS) to admit that she is in fact not a corporate officer, and in fact doesn't even know who the corporate secretary of the company is! More at the link. […]

  3. […] suits go beyond merely challenging title to alleging criminal activity. On July 26, 2010, a class action was filed in Florida seeking relief against MERS and an associated legal firm for racketeering and […]

  4. […] suits go beyond merely challenging title to alleging criminal activity. On July 26, 2010, a class action was filed in Florida seeking relief against MERS and an associated legal firm for racketeering and […]

  5. […] suits go beyond merely challenging title to alleging criminal activity. On July 26, 2010, a class action was filed in Florida seeking relief against MERS and an associated legal firm for racketeering and […]

  6. […] suits go beyond merely challenging title to alleging criminal activity. On July 26, 2010, a class action was filed in Florida seeking relief against MERS and an associated legal firm for racketeering and […]

  7. […] suits go beyond merely challenging title to alleging criminal activity. On July 26, 2010, a class action was filed in Florida seeking relief against MERS and an associated legal firm for racketeering and […]

  8. […] suits go beyond merely challenging title to alleging criminal activity. On July 26, 2010, a class action was filed in Florida seeking relief against MERS and an associated legal firm for racketeering and […]

  9. […] suits go beyond merely challenging title to alleging criminal activity. On July 26, 2010, a class action was filed in Florida seeking relief against MERS and an associated legal firm for racketeering and […]

  10. […] suits go beyond merely challenging title to alleging criminal activity. On July 26, 2010, a class action was filed in Florida seeking relief against MERS and an associated legal firm for racketeering and […]

  11. […] suits go beyond merely challenging title to alleging criminal activity. On July 26, 2010, a class action was filed in Florida seeking relief against MERS and an associated legal firm for racketeering and […]

  12. […] Other suits go beyond merely challenging title to alleging criminal activity. On July 26, 2010, a class action was filed in Florida seeking relief against MERS and an associated legal firm for racketeering and […]

  13. […] suits go beyond merely challenging title to alleging criminal activity. On July 26, 2010, a class action was filed in Florida seeking relief against MERS and an associated legal firm for racketeering and […]

  14. […] Other suits go beyond merely challenging title to alleging criminal activity. On July 26, 2010, a class action was filed in Florida seeking relief against MERS and an associated legal firm for racketeering and […]

  15. […] Other suits go beyond merely challenging title to alleging criminal activity. On July 26, 2010, a class action was filed in Florida seeking relief against MERS and an associated legal firm for racketeering and […]

  16. […] suits go beyond merely challenging title to alleging criminal activity. On July 26, 2010, a class action was filed in Florida seeking relief against MERS and an associated legal firm for racketeering and […]

  17. […] suits go beyond merely challenging title to alleging criminal activity. On July 26, 2010, a class action was filed in Florida seeking relief against MERS and an associated legal firm for racketeering and […]

  18. […] suits go beyond merely challenging title to alleging criminal activity.  On July 26, 2010, a class action was filed in Florida seeking relief against MERS and an associated legal firm for racketeering and […]

  19. […] suits go beyond merely challenging title to alleging criminal activity. On July 26, 2010, a class action was filed in Florida seeking relief against MERS and an associated legal firm for racketeering and […]

  20. […] suits go beyond merely challenging title to alleging criminal activity. On July 26, 2010, a class action was filed in Florida seeking relief against MERS and an associated legal firm for racketeering and […]

  21. […] suits go beyond merely challenging title to alleging criminal activity. On July 26, 2010, a class action was filed in Florida seeking relief against MERS and an associated legal firm for racketeering and […]

  22. […] suits go beyond merely challenging title to alleging criminal activity. On July 26, 2010, a class action was filed in Florida seeking relief against MERS and an associated legal firm for racketeering and […]

  23. […] as one of the top land title issues in the coming decade. Just a few months ago, one of the largest foreclosure processors was sued for assisting in the practice. Whether the practice is right or wrong is immaterial, the issue for […]

  24. […] suits go beyond merely challenging title to alleging criminal activity. On July 26, 2010, a class action was filed in Florida seeking relief against MERS and an associated legal firm for racketeering and […]

  25. […] RICO Class Action lawsuits have commenced against Foreclosure Law Firms and MERSCORP for fabricating and forging […]

  26. […] RICO Class Action lawsuits have commenced against Foreclosure Law Firms and MERSCORP for fabricating and forging […]

  27. […] suits go beyond merely challenging title to alleging criminal activity. On July 26, 2010, a class action was filed in Florida seeking relief against MERS and an associated legal firm for racketeering and […]

  28. […] suits go beyond merely challenging title to alleging criminal activity. On July 26, 2010, a class action was filed in Florida seeking relief against MERS and an associated legal firm for racketeering and […]

  29. […] suits go beyond merely challenging title to alleging criminal activity. On July 26, 2010, a class action was filed in Florida seeking relief against MERS and an associated legal firm for racketeering and […]


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