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Sunday – September 2, 2018
Foreclosure Workshop #66: Blackrock v. U.S. Bank; and the Florida Bar and Grievance Committee v. Stopa — The National War Against Foreclosure Defense Attorneys Continues To Suppress Exposure of Massive Foreclosure Securities Fraud
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Recently there have been two major developments in the foreclosure field, seemingly completely unrelated to one another, yet in reality highly interrelated.
The first major development is the ongoing 2015 Blackrock class action lawsuit in New York County Supreme Court, brought by hundreds of securitized trust major investors, including insurance companies and investment trusts, against U.S. Bank serving as Trustee for 770 securitized trusts, each with its own pooling and servicing agreement, which class action, surviving motions to dismiss just this year, has now been allowed to go forward in 2018 on its breach of contract claims.
These breach of contract claims by investors address deficiencies by U.S. Bank in the management of its securitized trusts, including “failure to ensure delivery of mortgage loan files” into the trusts, which of course is of special importance to individual mortgage borrowers challenging the pretender lender standing of securitized trustees suing for foreclosure while alleging possession and ownership of those loan files.
The second major development is the emergency interim suspension by the Florida Supreme Court of well known and highly successful Florida trial and appellate foreclosure defense attorney Mark Stopa for supposedly posing “great harm to the public” after one County Judge sitting as referee recommended his suspension, despite reportedly that ten other Florida judges had “testified glowingly of [Stopa’s] superior legal abilities and ethical behavior” in hearings this spring concerning a relatively few client complaints against him, and at the end of August agents of the Florida Department of Law Enforcement even raided Stopa’s Law Office, removing boxes of client files.
After all, the majority view still seems to be that borrowers are deadbeats and having no real defenses, attorneys representing borrowers are unethically merely preying on vulnerable deadbeats.
What do these two seeming separate developments in Blackrock and Stopa have in common?
Together they highlight the interrelated nature of the indefensible double standard being applied both to the ethical supervision of foreclosure defense attorneys in the United States compared to their foreclosing attorney counterparts, and to the judicial supervision of securitized trustees in foreclosure litigation compared to lawsuits by investors against securitized trustees.
And the interconnection between the two developments is the national war against foreclosure defense attorneys by Bar regulators, encouraged by foreclosure attorneys, which is the major reason that borrowers, lacking in defense resources, continue to be disadvantaged in foreclosure litigation.
Even emergency interim suspension was matter-of-factly recently sought against the undersigned by Hawaii Bar regulators claiming, for instance, that The Foreclosure Hour was “a menace to the general public,” supposedly the show guaranteeing clients favorable outcomes, which is not only untrue as everyone of our listeners knows, but absurd, and fortunately the Hawaii Supreme Court recently denied that emergency petition so we are still on the air.
Meanwhile, while foreclosure defense has become more and more a low paying and truly hazardous occupation, pretender lenders and their foreclosure attorneys, both richly compensated, continue to go ethically unsupervised by Bar Regulators, who like the legendary Mr. Magoo prefer to overlook outright forgery, perjury, dishonesty, and theft of homes, dozens of examples of which committed in court have been exposed on previous Foreclosure Hour shows and will be summarized today, time permitting, for any legislators, judges, and Bar regulators who may be listening and genuinely interested in stopping such dishonest practices.
Those practices, being indirectly exposed in the Blackstone class action having to do with covering up the widespread failure, for instance, of having delivered loan documents into the securitized trusts, are: false swearing by robo-signing documents recorded and filed in court, authenticating so-called original promissory notes by false testimony, assigning of mortgages to trusts that at the time did not even exist, loan servicers falsely claiming ownership of loans ordered blatantly to do so by Fannie Mae and Freddie Mac Servicing Guidelines, unethical control of foreclosure cases and counsel compensation by third parties hidden owners Fannie Mae and Freddie Mac, foreclosure attorney representation of non-existing clients, conflicts of interest of foreclosing attorneys representing both sides, use of manufacturing plants creating false “original” loan documentation, false appraisals, false loan applications, and false underwriting, and more.
And in closing, perhaps the final irony and double standard of them all is when courts treat mortgage transactions in aptly named securitized trusts as securities transactions from the enforcement perspective of trust investors, but merely as traditional mortgage loan transactions from the enforcement perspective of foreclosure courts.
Gary Dubin
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