State foreclosure mill faces allegations of falsifying documents

State foreclosure mill faces allegations of falsifying documents

State foreclosure mill faces allegations of falsifying documents

By Kimberly Miller
Palm Beach Post Staff Writer
Posted: 5:54 p.m. Tuesday, Aug. 3, 2010

Florida’s purported largest foreclosure law firm filed thousands of documents to take people’s homes that contained deceptive and intentionally ambiguous information, according to a proposed class action lawsuit.

The suit, filed last month in U.S. District Court, Southern District of Florida, says David J. Stern and his Plantation-based legal team violated the Racketeer Influenced and Corrupt Organizations Act by generating fraudulent mortgage assignments when pursuing foreclosures.

An assignment is held by the entity that has the right to receive mortgage payments.

Stern’s practice, which the lawsuit claims filed up to 7,000 new foreclosure cases in Florida every month last year, is also alleged to have pursued foreclosures for lenders that didn’t own the debt on the homes.

“There really is no proper plaintiff to sue and foreclose and that’s what this charade is designed to cover,” said Fort Lauderdale Attorney Kenneth Eric Trent, who is seeking class action status and filed the suit on behalf of Oakland Park resident Ignacio Damian Figueroa. “There is no real holder of the note and the mortgage anymore because they broke it up and sold it to 10, 12, 20 people.”

Continue reading…The Palm Beach Post

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