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Tag Archive | "Ben-Ezra & Katz"

Florida AG Subpoenas Law Firms Ben-Ezra & Katz, Marshall C. Watson Concerning LPS’s “Pay Per Click” Program

Florida AG Subpoenas Law Firms Ben-Ezra & Katz, Marshall C. Watson Concerning LPS’s “Pay Per Click” Program


If you recall just recent, there was a class action announced against both LPS and Ben-Ezra alleging fee-splitting.

Via: Palm Beach Post

The Florida attorney general’s office issued subpoenas to two South Florida foreclosure law firms regarding business done with Lender Processing Services and LPS Default Solutions’ “Strategic Partnership Group.”

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



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Estimated More Than 200 Law Firms, Likely To Address Relationship with LPS For Alleged Fee-Splitting

Estimated More Than 200 Law Firms, Likely To Address Relationship with LPS For Alleged Fee-Splitting


HousingWire

The alleged splitting of attorney fees between foreclosure law firms and third-party mortgage servicing providers is the subject of another lawsuit, bringing the number of cases filed on this issue to five within the past seven months, said Nick Wooten, an Alabama-based plaintiff’s attorney involved in all of the cases.

By mid-May, Wooten said he expects to file 10 to 12 additional cases, making similar allegations about what he claims are illegal, split-attorney fee arrangements between mortgage servicing outsourcers and law firms. The cases are concentrated in the Northern District of Mississippi, the Southern District of Alabama and the Northern District of Florida-Pensacola division.

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FL Class Action Against Ben-Ezra & Katz, Lender Processing Services, Inc. (LPS): IN RE: HARRIS

FL Class Action Against Ben-Ezra & Katz, Lender Processing Services, Inc. (LPS): IN RE: HARRIS


Via: NakedCapitalism

The latest filing is in bankruptcy court in the Northern District of Florida, In re Harris, and involves both LPS (the parent company and its subsidiary LPS Default Solutions) and major Florida foreclosure mill Ben-Ezra & Katz. The bankruptcy clients of Ben Ezra are the group that the litigation seeks to have certified as a class. Note that the usual remedy for the sharing of impermissible legal fees is disgorgment. In addition, the suit lists ten causes of actions, of which the fee sharing is only one.

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



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Transcript of FL Foreclosure Firm Ben-Ezra Hearing on Contempt

Transcript of FL Foreclosure Firm Ben-Ezra Hearing on Contempt


Via: PB Post‘s Kim Miller

Excerpt:

THE COURT: No, not now. The Court
19 has already dismissed it. It is gone.
20 And the Court is finding you in
21 contempt and you, sir, Mr. Cornell, for
22 filing this in this manner when these
23 documents are so questionable. You are
24 to pay opposing counsel’s fees and
25 costs.

1 And the mortgage is dismissed with
2 prejudice. And based on the 1099 the
3 note is canceled and dismissed with
4 prejudice as it looks like the note has
5 been satisfied. And if they want to go
6 for some other sort of judgment, I
7 suppose they can do that.

8 And the Court will draft an order
9 finding you in contempt, finding you
10 grossly negligent, both of you and I’m
11 sending this to the Bar. This is just
12 enough.

13 It’s time that somebody looked at
14 this stuff and reacted instead of
15 waiting until you come in front of a
16 judge, having a judge dress you down,
17 which I’m very sorry to have to do and
18 then say, “Wait a minute. We can fix
19 this.”

continue below… Courtesy of PBPost

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FL Attorney General Launches Investigation On BEN-EZRA & KATZ, P.A. Law Firm

FL Attorney General Launches Investigation On BEN-EZRA & KATZ, P.A. Law Firm


The case file cited below relates to a civil — not a criminal — investigation. The existence of an investigation does not constitute proof of any violation of law.

Case Number: L11-3-1012

Subject of investigation:

Ben-Ezra & Katz, P.A. and Marc A. Ben-Ezra, Individually and Marvin Katz, Individually

Subject’s address:

2901 STIRLING ROAD SUITE 300 FT. LAUDERDALE FL 33312 US

Subject’s business:

law firm/using deceptive paperwork to foreclose; obtain attorney’s fees which become the ultimate responsibility of the homeowner/defendant and calculate the indebtness of the homeowner/defendant.

Allegation or issue being investigated:
In apparent violation of Florida Statute 501 Part II, appears to be fabricating and/or presenting false and misleading documents in foreclosure cases. These documents have been presented in court before judges as actual assignments of mortgages and properly prepared affidavits that have later been shown to be legally inadequate and/or insufficient. Presenting and preparing faulty paperwork to use to foreclose; to collect attorney fees and to create affidavits of indebtness.

AG unit handling case:

Economic Crimes Division in Ft. Lauderdale, Florida

View contact information for Ft. Lauderdale.
© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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Foreclosure law firm lays off nearly half of its staff, after losing Fannie Mae

Foreclosure law firm lays off nearly half of its staff, after losing Fannie Mae


Now this is not cool. Last time there was a lot of hate going around from employees of the first  Mill that Fannie let go. These employees should not be at all surprised as they saw this coming. Not only are these employers jeopardizing their business but the jobs of their staff.

A Hollywood law firm that processes thousands of foreclosures for major lenders laid off almost half of its 568 employees Monday, days after the government-owned mortgage giant Fannie Mae pulled its files from the practice.

Ben-Ezra & Katz, in a memo released by a company spokesman, said the firm was “forced to take this action after Fannie Mae surprisingly terminated its relationship with the firm.” In a notice sent five days ago, Fannie Mae officials said all exisiting foreclosures, mediations and bankruptcies needed to be transferred to other loan servicers by Tuesday, citing “document execution” issues.

Ben-Ezra officials issued a statement last week, saying the question was whether correct original documents were attached to each foreclosure filing. The law firm said it already had notified Fannie of the “technical paperwork issues” and had created a plan to mediate them, but the mortgage backer suddenly decided to cut ties.

It’s unknown how many foreclosures are involved. Statewide, Ben-Ezra & Katz has handled at least 18,000 cases, according to Legalprise, a West Palm Beach data analysis firm.

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



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Fraud on the Court, Ben-Ezra style

Fraud on the Court, Ben-Ezra style


.

Just yesterday I was lamenting the absence of any sanction against Ben-Ezra & Katz for its ongoing and systemic fraud on the courts, per Fannie Mae, which fired the foreclosure mill.  Today, I got some insight into the fraud, and it’s not pretty.  To illustrate, read this Order to Show Cause.  I promise – it’s a whopper.

Apparently, Ben-Ezra filed a foreclosure suit with a lost note count, then filed an “original” note signed by an entirely different defendant on an entirely different property, along with a fraudulent assignment of mortgage.  The Court entered summary judgment, then, upon realizing the fraud, directed Ben-Ezra & Katz to show cause why they should not be held in contempt of court.

[ipaper docId=48652087 access_key=key-pr05wuq33u71cz3jkbe height=600 width=600 /]

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PB POST | Fannie Mae fires second South Florida law firm

PB POST | Fannie Mae fires second South Florida law firm


By Kimberly Miller Palm Beach Post Staff Writer
Updated: 7:18 p.m. Thursday, Feb. 10, 2011
Posted: 7:07 p.m. Thursday, Feb. 10, 2011

Federal mortgage giant Fannie Mae has cut ties with a second South Florida law firm handling its foreclosure cases, requiring an immediate transfer of those files to other attorneys and likely causing more turmoil in the state’s foreclosure courts.

The termination of its relationship with the Fort Lauderdale firm of Ben-Ezra & Katz, P.A. was announced today in a notice to loan servicers. The notice says payments to the firm should be stopped immediately and gives servicers a Feb. 15 deadline to find new firms to handle the Ben-Ezra & Katz files.

“Fannie Mae has become aware of certain document execution issues at the Ben-Ezra law firm regarding its processing of foreclosure cases on our behalf,” said Fannie Mae spokeswoman Amy Bonitatibus.

“It is our expectation that law firms will handle matters in strict compliance with proper procedures, ethical codes of conduct and legal requirements.”

Ben-Ezra & Katz has represented banks in 508 Palm Beach County foreclosure cases in the past two years where the homes were ordered to auction.

Here is a sample…

[ipaper docId=37307888 access_key=key-19vf8lmd51tu4q81fb22 height=600 width=600 /]

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Judge holds bankers in contempt, threatens jail

Judge holds bankers in contempt, threatens jail


Jose Pagliery Daily Business Review January 13, 2011

Representatives from six major banks that skipped a hearing in a Miami condo association receivership case could face the wrath of Miami-Dade Circuit Judge Jennifer Bailey today if they fail to show up a second time.

The judge already has declared lenders that own or are foreclosing on units at Bird Grove Condo are on the hook for $105,999 in expenses for the court-appointed receiver for the association. She also held the six in contempt of court.

Bailey last month granted a request by the receiver, Miami attorney Lisa Lehner, to be paid for pulling the building — an asset for the foreclosing banks — back from the brink of condemnation.

When Lehner was appointed in March, garbage hadn’t been collected for weeks, electricity was about to be cut off, the building had no insurance, and an elevator was broken. She turned it around in months.

“They have property and collateral that if I walk away from turn into nothing,” Lehner said. “Here I am, sitting as their property manager, working for free after practicing law for 28 years. It’s just not fair.”

Lehner’s demand for $5,579 in expenses per unit went uncontested at a Dec. 1 show cause hearing where Bank of America was the only lender to send a representative. Missing were Flagstar Bank, GMAC, PNC Bank, SunTrust Bank, U.S. Bank and Wells Fargo.

In November, banks owned two units and were foreclosing on another 17 units in the 39-unit building at 2734 Bird Ave. between a gas station and a gallery. A one-bedroom, one-bath unit is listed for sale for $50,000. Bank of America filed nine foreclosure cases, followed by GMAC with five.

The six lenders were ordered to send non-attorney representatives to today’s hearing, when Bailey will discuss whether the banks also should be required to pay the receiver’s upcoming maintenance fees. Bailey’s order threatened to have bankers arrested if they didn’t show, and she warned, “You may be held in jail up to 48 hours before a hearing is held.”


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



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BEN-EZRA & KATZ ASSIGNMENT of MORTGAGE FAIL

BEN-EZRA & KATZ ASSIGNMENT of MORTGAGE FAIL


ASSIGNMENT OF MORTGAGE , “Assignor”

Hmmmm

“Assignment of Mortgage”It is signed by Lisa Wickser who is identified as the Assistant Secretary of

“Assignment of Mortgage”

though the notary says she notarized the signature of Rose C. Lara who is also identified as an Assistant Secretary of that same company,

“Assignment of Mortgage.”

Hat tip to the person who added the markings…now it’s up against a Monet art piece!

[ipaper docId=37307888 access_key=key-19vf8lmd51tu4q81fb22 height=600 width=600 /]

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



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