Bill Mccollum | FORECLOSURE FRAUD | by DinSFLA

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Bondi says court ruling puts foreclosure fraud investigations in jeopardy

Bondi says court ruling puts foreclosure fraud investigations in jeopardy


As if she didn’t know this…hmm

Miami Herald-

An appeals court has denied Attorney General Pam Bondi‘s request to allow the state Supreme Court to review a ruling she says limits her ability to fight foreclosure fraud. Because of this decision, seven pending cases are now threatened, Bondi said Thursday.

In December, the state’s 4th District Court of Appeals ruled that Bondi does not have the authority to investigate a law firm for alleged fraud under the Florida Deceptive and Unfair Trade Practices Act because attorneys’ work on behalf of lenders did not constitute trade or commerce. She asked the court to certify that its decision in the  Law Offices of David Stern, P.A. v. State of Florida case passes upon a question of great public importance so that she could appeal to the Supreme Court.

[MIAMI HERALD]

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Attorney General Pam Bondi Asks Fourth District Court of Appeal to Certify Important Foreclosure Investigation Case for Florida Supreme Court Review

Attorney General Pam Bondi Asks Fourth District Court of Appeal to Certify Important Foreclosure Investigation Case for Florida Supreme Court Review


NOTE: Below in her request appears a reference to a link @ #4 Nevada v. LPS, but where is her lawsuit against LPS??

Attorney General Pam Bondi today filed a motion asking the Fourth District Court of Appeal to certify that its recent decision in Law Offices of David Stern, P.A. v. State of Florida passes upon a question of great public importance. In Stern, the Fourth DCA held that the Attorney General’s Office lacked authority under the Florida Deceptive and Unfair Trade Practices Act (“FDUPTA”) to subpoena records of the Stern firm as part of an investigation into possible misconduct in the firm’s handling of foreclosure cases.

Applicable court rules require certification from the Fourth DCA before this office may appeal the Stern decision to the Florida Supreme Court. The Attorney General’s motion asks the Fourth DCA to certify that its decision in Stern passes upon the following question of great public importance: whether the creation of invalid assignments of mortgages by a law firm and subsequent use of such documents by the firm in foreclosure litigation on behalf of the purported assignee is an unfair and deceptive trade practice which may be the subject of an investigation by the Office of the Attorney General.

.
source:  http://www.myfloridalegal.com

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FL 4DCA Says FL AG lacked authority under FDUTPA to issue the subpoena, Reversed

FL 4DCA Says FL AG lacked authority under FDUTPA to issue the subpoena, Reversed


DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT

July Term 2011

LAW OFFICE OF DAVID J. STERN, P.A.,
Appellant,

v.

STATE OF FLORIDA, DEPARTMENT OF LEGAL AFFAIRS,
Appellee.

No. 4D10-4708

[December 14, 2011]

 [ipaper docId=75682304 access_key=key-1ddqsno5cz2v49d8a02s height=600 width=600 /]

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After 16 years with “Foreclosure King” employee laid off via e-mail, no vacation pay

After 16 years with “Foreclosure King” employee laid off via e-mail, no vacation pay


REWIND: Why is she complaining, after all didn’t she get her expenses paid and get a new BMW SUV fully paid by Law Offices of David J. Stern?

Excerpt from Depo of Kelly Scott-

8 Q. And what was said about Cheryl’s bills being paid for
9 the Law Offices of David Stern?

10 A. That he’s always done it. David Stern has always
11 paid for Cheryl’s expenses.
12 Q. Personal expenses?
13 A. Yes.
14 Q. Do you know if he — Well was there rumor — Was
15 there talk, rather, that he paid — that he bought her car?

16 A. No, that’s confirmed. He did buy her a car. I
17 acknowledge that.

18 Q. He did buy her a car?
19 A. Yes.
20 Q. What kind of car did he buy her?
21 A. It was a BMW SUV.

<SNIP>

Q. Anything that –
4 A. Is it like personal or business or –
5 Q. Personal? Business? Anything at all?
6 A. Personal? The only thing that I was aware of that
7 took place there were the perks that certain employees received
8 from David Stern. If they were either dating him or they were
9 good friends with him, that they would basically do certain
10 things for him for certain files, in the sense of like David
11 Vargas. He would have certain perks from David Stern, like a
12 house, a car, cell phone paid all by David Stern.
13 And that’s all I know.

14 Q. Okay. So do you know of any other perks besides what
15 you said that Cheryl Salmons got? A car you said, for sure.
16 And her personal bills paid.

17 A. Yes. And cell phone.
18 Q. And probably her mortgage?
19 A. Yes. And vacations and gifts, jewelry.
20 Q. Who else would received gifts and jewelry or cars or
21 homes?
22 A. His girlfriend and David Vargas.
23 Q. Who’s his girlfriend?
24 A. At the time it was Christina Dell’Aguila

Palm Beach Post-

A new deposition of Cheryl Samons, the once second-in-command of the Law Offices of David J. Stern, reveals the chaos that occurred last fall as the Florida attorney general’s investigation was announced, the robo-signing scandal broke and the largest foreclosure law firm in Florida began to implode.

The deposition, linked to on a foreclosure blog by defense attorney Michael Alex Wasylik, was taken in a class-action lawsuit filed by former Stern attorneys who allege they were terminated without the 60 days notice required by federal law and under the Worker Adjustment and Retraining Notification Act.

Samons was singled out last fall for her role in signing thousands of foreclosure documents that she had no personal knowledge of and for allegedly having her signature forged by employees who were pushed to speed the processing of foreclosure cases.

[PALM BEACH POST]

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LPS lawyer Joe Jacquot defends himself in AG scandal

LPS lawyer Joe Jacquot defends himself in AG scandal


Common sense, one would’ve recused themselves from even communicating with a high profile corp. that is under investigation from the AG’s office and in some states under criminal. Creates a “conflict” wouldn’t you think? Maybe unless you know for a fact that nothing will happen.

First thing comes to mind is why would one continue to pursue a job, knowing there might be a very good chance the company making headlines nationwide for fraud would even stay in business? Don’t many of the businesses the AG’s investigate get shut down when they find a mountain of fraud? Secondly why are other states and NOT Florida going after a criminal investigation when the company under investigation headquarters are indeed in Florida? Makes no sense.

We don’t see anyone from the New York AG’s office running to work for lets say Bank Of America…or in talks to find employment there.

Orlando Sentinel

TALLAHASSEE — A former state government lawyer now working for a firm under investigation by the state in a foreclosure fraud case said Thursday that he had nothing to do with foreclosures while he worked in the attorney general’s office.

Three Democratic lawmakers said this week they want legislation passed to prevent lawyers for government agencies from leaving the state to go work for firms that are under investigation. The proposal is aimed, the lawmakers say, in part at Joe Jacquot, who left the attorney general’s office earlier this year and has come under scrutiny for going to work for a Jacksonville company, Lender Processing Services, that was under investigation by the office, while he was there.

Jacquot said in an interview with The News Service of Florida on Thursday that not only did he not have anything to do with the probe of foreclosure firms started under former Attorney General Bill McCollum, he formally notified McCollum when he began talking to LPS as a possible future employer, and asked to be kept completely out of the loop on any discussions related to the company. Jacquot was one of two deputy attorneys general in McCollum’s office, and was McCollum’s chief of staff.

[ORLANDO SENTINEL]

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FL AG Economic Crime Division: UNFAIR, DECEPTIVE AND UNCONSCIONABLE ACTS IN FORECLOSURE CASES

FL AG Economic Crime Division: UNFAIR, DECEPTIVE AND UNCONSCIONABLE ACTS IN FORECLOSURE CASES


OFFICE OF ATTORNEY GENERAL

Economic Crimes Division

UNFAIR, DECEPTIVE AND UNCONSCIONABLE ACTS IN FORECLOSURE CASES

By: June M. Clarkson, Theresa B. Edwards
and Rene D. Harrod


Continue below to the excellent presentation…

[ipaper docId=46258574 access_key=key-2hfi1i8hv2w0765d15l5 height=600 width=600 /]

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FL AG INVESTIGATES PROCESS SERVICING CO. PROVEST, LLC and GISSEN & ZAWYER

FL AG INVESTIGATES PROCESS SERVICING CO. PROVEST, LLC and GISSEN & ZAWYER


PROVEST, LLC

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: L10-3-1197

Subject of investigation:

Provest LLC

Subject’s address:

4520 Seedling Circle Tampa, Florida 33614

Subject’s business:

Process Serving Company

Allegation or issue being investigated:
Numerous Complaints being looked into, among them are questionable proper service of complaints, questionable billing practices, filing questionable affidavits filed with the Courts.

AG unit handling case:

Economic Crimes Division in Ft. Lauderdale, Florida


View contact information for Ft. Lauderdale.

_______________________________________

GISSEN & ZAWYER PROCESS SERVICES, INC.


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: L10-3-1228

Subject of investigation:

Gissen & Zawyer Process Service, Inc.

Subject’s address:

1550 Biscayne Blvd. Suite 200 Miami, Florida 33132

Subject’s business:

Service of process company

Allegation or issue being investigated:
Numerous complaints being looked into, among them are questionable proper service of complaints in foreclosure law suits, questionable billing practices, filing questionable affidavits with the Courts, back dating returns of service,

AG unit handling case:

Economic Crimes Division in Ft. Lauderdale, Florida

View contact information for Ft. Lauderdale.
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Law Offices of David J. Stern Files a Notice of Appeal with 4th DCA of Florida Against AG Subpoena

Law Offices of David J. Stern Files a Notice of Appeal with 4th DCA of Florida Against AG Subpoena


LAW OFFICES OF DAVID J. STERN, P.A.
vs.
THE STATE OF FLORIDA DEPARTMENT OF LEGAL AFFAIRS,

NOTICE OF APPEAL

NOTICE IS GIVEN that Petitioner/Appellant LAW OFFICES OF DAVID J. STERN, P.A. appeals to the Fourth Court of Appeal the Order on Petitioner’s Amended Petition to Quash the Investigative Subpoena Duces Tectum Issued by Florida’s Attorney General

Continue below…

[ipaper docId=45305365 access_key=key-l3bqwje98zoi3zvpkal height=600 width=600 /]

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DOCX Linda Green Had NO AUTHORITY To Sign For MERS 10/08-10/09

DOCX Linda Green Had NO AUTHORITY To Sign For MERS 10/08-10/09


SFF first posted this back on August 26, 2010.

Linda Green is/was an employee of DocX a subsidiary of Lender Processing Services located in Alpharetta, Georgia. Her signature was forged on key sensitive documents relating to county land records.

Below is a document that Shapiro & Fishman filed as a CORRECTIVE ASSIGNMENT OF MORTGAGE.

What about the Satisfactions? In DOCX’s website they said:

“DOCX has built its solid reputation at not only managing large assignment projects, but satisfactions as well“.

  • Exactly how many documents were signed by Green’s name as VP for MERS between these dates?
  • Who do we contact to make this a nationwide recall alert like the recent “egg recall” containing salmonella?
  • Exactly who is being notified if there is any title issues on your homes?
  • Has there been a recall notice sent to County Recorders on this issue?
  • Are there more VP’s of MERS who had no authority to execute documents?

LPS DOCX LINDA GREEN SHAPIRO

[ipaper docId=44005903 access_key=key-28f23qvartvao40f2b0x height=600 width=600 /]

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Files Going, Going…

Files Going, Going…


So lets recap a few important events that happened in the past and just recently:

9/4 FL AG confident there is a great deal of fraud

Thousands of final judgments of foreclosure against Florida homeowners may have been the result of the allegedly improper actions of these law firms,” said Mr. McCollum in an interview. “We’ve had so many complaints that I am confident there is a great deal of fraud here.

10/18 Moving Files via 18 Wheeler (Deposition of Kelly Scott)

18 A. The only concern was that they were moving files out
19 of the office into a different office and that Eighteen Inch
20 Freight, I think, was picking them up. Something like that.
21 Trailer freight, something like that.

22 Q. Do you know where –
23 MS. CLARKSON: Eighteen wheeler?
24 THE WITNESS: Yeah, eighteen wheeler.

25 BY MS. EDWARDS: 1 Q. Do you know where they were moving them?
2 A. Supposedly they were being moved to Orlando’s office.
3 Q. And do you know why they would do that?
4 A. No.
5 Q. Do you know how long ago this was going on?
6 A. I think a month and a half ago.
7 Q. What kind of office is Orlando?
8 A. David Stern has another law office in Orlando,
9 Florida.

11/2 Fannie and Freddie “remove” files from a Foreclosure Firm

Fannie and Freddie said they will move those files to other law firms in the state but that they hadn’t yet identified where they would be redistributed. The firms said they had notified Florida’s attorney general about the decision to remove the files and that the Stern firm had cooperated with the action.

Freddie’s spokeswoman said an internal review raised “concerns about some of the practices at the Stern firm.”

11/4 Law Firm announces cut backs

The terminations come two days after mortgage giants Fannie Mae and Freddie Mac severed ties with the firm. “There’s been a substantial reduction in staff, it started happening over the past few weeks and many employees received notice today,” said Jeffrey Tew, a lawyer representing the Stern firm

11/4 Document and Shredding Service

Same day an employee for a document management and shredding company was unloading hundreds of empty boxes from a truck and carting them into the office complex where this Law Firm is located

So exactly who is keeping track of documents going, going and gone?

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



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Letter from The Florida Bar President Downs to Chief Judge McGrady

Letter from The Florida Bar President Downs to Chief Judge McGrady


Perhaps if the Florida Bar followed each complaint homeowners filed, this would’ve never been been so “intense”.

Fast forward a few months and here we are:


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Beware of Attorneys General Bearing Gifts, Foreclosure Crisis Edition I (Florida)

Beware of Attorneys General Bearing Gifts, Foreclosure Crisis Edition I (Florida)


Via: NAKED CAPITALISM

As much as state attorneys general could be an effective force in acting for consumers and investors against banks, the fact that an attorney general has saddled up does not necessarily mean the effort is serious. At a minimum, it might just be a gambit to garner some good PR without seriously inconveniencing the perps; at worse, the action might be a pure Trojan horse.

Consider the curious conduct of one Bill McCollum, the lame duck attorney general of Florida. It appears that McCollum has been going after the foot soldiers in the foreclosure chicanery business (although some of them, like David Stern, head of the biggest foreclosure mill in the state, have earned a tidy fortune). His recent actions have targeted firms offering dubious foreclosure advice, and more recently, the foreclosure mills as well as a firm that may be best known for its real estate related document fabrication activities, Lender Processing Services, through its DocX subsidiary.

Now starting with these actors isn’t a bad thing at all; in fact, prosecutors often target low level criminals with the hope of getting them to turn evidence on the kingpins. And there is good reason to think McCollum has no interest in asking tough questions that will inconvenience bigger fry.

McCollum Is falling in with the banking industry party line. He appears to regard not disrupting the foreclosure process, a top priority of the financiers, as a worthy goal. Gee, isn’t preserving the rule of law and making sure no one is abused or defrauded the sort of thing his office is tasked to defend, not the functioning of markets or the bottom lines of banks? From the Wall Street Journal (hat tip reader f247):

“They’re training a lot of new people, and apparently now they are comfortable with the legality of their foreclosure process,” Mr. McCollum said in an interview. “The primary purpose of these meetings is talking about not having this stuff held back. It’s very important for us to not have a backlog of foreclosures. We already have a backlog. We don’t want it to get worse.”…

Mr. McCollum, Florida’s attorney general, said most errors in the foreclosure process have been “procedural,” adding that his top priority is to resolve the mess in a way that allows foreclosures to resume quickly….

The talks also centered on how to quickly get the foreclosure process moving again, according to the Florida attorney general’s office. Mr. McCollum described the meeting as more cooperative than combative.

Let’s look at the timeline:

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Fraud in foreclosure summons a disturbing trend

Fraud in foreclosure summons a disturbing trend


CALAMITY Summonses are being misplaced or forged by servers CAUSES Critics say sloppiness and fraud leading to sudden spike

Posted: October 22, 2010 – 12:00am
.

The foreclosure case against Patrick Jeffs was thrown out of court when a Jacksonville judge ruled that the summons to inform him of the lawsuit was counterfeit.

Mark Browne was in Iraq when a process server tried to give his mother in New Mexico a summons to inform him that his house in Jacksonville was being foreclosed on. She didn’t accept it, but the server signed a document that said she did. A judge threw that out, too.

Nancy Rush sold her Jacksonville condo in March, walking away poorer after the short sale and was getting on with her life when her phone rang with unlikely news: She was in foreclosure. A week after she unloaded the unit at Kendall Town in Arlington, a Jacksonville judge ordered the home sold at auction to settle a $190,000 mortgage debt, even though Rush had never received a summons saying she was being sued. “I didn’t even know there was a court date,” Rush said. “It scared the crap out of me.”

Even the summons, the simple but important legal notice required to inform homeowners that they are being foreclosed on, has not been immune to the massive problems surrounding what has become known in Florida and across the nation as the foreclosure mess.

The Times-Union has reviewed documents where the same name with obviously different signatures was used to certify that papers were served to the homeowner.

While there is no simple way to know how often every type of irregularity occurs, there is documentation showing a sharp rise in one narrow area of concern.

Instances where summonses entrusted to servers have been reported as lost, once fairly rare, have skyrocketed, making it harder to document the fate of important paperwork. From barely more than 100 annually six years ago, more than 2,000 summonses have been lost in Duval County in each of the last two years.

Critics attribute the problems to both sloppiness and fraud.

Tammie Lou Kapusta, a paralegal in the office of David Stern, the foreclosure law firm at the center of much of the investigations, described the serving process as “a complete mess” during a recent deposition. Renters were served rather than property owners, Kapusta told the Florida Attorney General’s Office. An affidavit of service – the legal document required to verify that the summons was served properly – would be filed when the summons hadn’t been served, she said.

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



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MUST WATCH | Foreclosure Mess: More Shoes to Drop? MONEY TALKS NEWS

MUST WATCH | Foreclosure Mess: More Shoes to Drop? MONEY TALKS NEWS


Posted by permission: This article comes from consumer/personal finance site moneytalksnews.com

By Stacy Johnson |

Foreclosure Mess: More Shoes to Drop?


This article comes from consumer/personal finance site moneytalksnews.com

You might also be interested in the following:

Tired Robo-Signers Let Other People Sign Their Names

Feel sorry for the poor robo-signer who had to sign 1,000 foreclosure files a day? Then here’s some good news: allegations are now surfacing that at least one robo-signer got help from co-workers.

The Mother of All Foreclosure Mistakes

Imagine standing in your front yard and watching as a car pulls up. A stranger gets out, walks up to you, verifies your identity, then serves you with foreclosure papers. Now imagine that you’ve never missed a mortgage payment in your life.

The Foreclosure Freeze – What It Means and Why It Matters

You’ve seen the headlines about banks stopping foreclosures – but if you haven’t yet realized the implications for every American, this is a story you don’t want to miss.

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Full Deposition Transcript of Jessica Cabrera Law Offices of Marshall C. Watson

Full Deposition Transcript of Jessica Cabrera Law Offices of Marshall C. Watson


Make sure to catch the exhibits in the deposition towards the very end.

Will do excerpts when I have a chance.

[ipaper docId=39632683 access_key=key-g4rsv1f15iz3h6fw9pf height=600 width=600 /]

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Full Deposition Transcript of Mary Cordova: Law Offices of David J. Stern/ GZ Gissen & Zawyer Process Service Inc.

Full Deposition Transcript of Mary Cordova: Law Offices of David J. Stern/ GZ Gissen & Zawyer Process Service Inc.


EXCERPTS:
5 I do know we have to bill the clients in advance. It
6 wouldn’t be after the fact. From what I recall it would
7 be at least four people that were being served. That’s
8 the person being served, their unknown spouse, Mary Jane
9 and John Doe. So it’s forty-five dollars times four.
10 That’s the amount that we would do before they got
11 served or not, regardless if John Doe was served or the
12 unknown spouse was served.
13 Q It would still be a hundred and eighty
14 dollars?
15 A Right. That’s what I remember.
16 Q What did you think about that?
17 A I thought that was a little unfair. I felt
18 like I wanted to question why. I kind of got the
19 impression from my trainers that we don’t ask questions,
20 we just do what we are told. There was really no
21 handbook during my training as to which clients are
22 billed. I would sit with each training and — I’m
23 trying to remember. It’s been a year.
24 Q That’s okay.
25 A We didn’t have a manual so I was trying to

1 understand why they bill clients differently. I never
2 really got an explanation. I just typed really fast and
3 that’s why I was hired.
4 Q Were you ever aware that Stern had an
5 ownership interest in G&Z?

6 A No.
7 Q Besides process serving did G&Z offer any
8 other services? Were there skip tracers in there?
9 A There were skip tracers, yes.
10 Q Were there investigators?
11 A Private investigators.
12 Q Did David Stern utilize them as well to the
13 best of your knowledge?
14 A Yes. They had an office right next to the
15 input department of about three or four individuals that
16 were skip tracers. I think they had one private
17 investigator. He was an older man. I don’t recall his
18 name.

19 Q How did you become aware that Stern was using
20 them as well?
21 A Because when I was introduced during my
22 interview and after I got hired they said this is our
23 skip trace department and these are private
24 investigator/skip tracers. That’s how I was introduced,
25 by title.

<SNIP>

9 Q So how come you were there only for two
10 months?
11 A I was there only two months because I had to
12 sign a paper that said — I wish I had that paper. They
13 gave out a paper to all employees saying if you don’t
14 sign this paper you’re pretty much considered fired.
15 Don’t even bother coming back to work if you don’t sign
16 it.
17 Q Was it a confidentiality agreement?
18 A Something like that, yeah.
19 Q What was in it that made you not want to sign
20 it?
21 A I wish I had a copy of it.
22 Q I wish you did too.
23 A It’s in my email somewhere. I didn’t have
24 internet at work the past couple of days.
25 Q You have a copy of it?

1 A I have a copy somewhere in my email, yeah.
2 Q Would you send it to me?
3 A Yes, I can send it.

13 Q Okay. That makes sense. So you basically
14 only worked with the night people and didn’t have that
15 much contact with the day people?
16 A I didn’t have that much contact other than
17 when I was training and in that thirty minute gap when
18 everyone is pretty much wrapping it up.
19 Q Did you ever hear anything or did you ever
20 notice anything that was to you made you feel
21 uncomfortable about doing work over there, specifically
22 with Stern’s office besides the four names on every
23 complaint?
24 A Well, not with Stern but the way G&Z was
25 handling. For instance, before I got hired I looked at

1 G&Z’s website and the part where they said they use
2 private investigators and skip tracers, it said that we
3 have fully licensed private investigators. There was
4 one guy Michael Gold and I mentioned him in that letter,
5 that was a skip tracer but he wasn’t licensed. He was
6 still going to school. The only licensed private
7 investigator that I recall was Ira and Michelle.
8 He was talking to a lady that I think only
9 spoke Spanish. There was a language barrier. He was
10 kind of bullying her. His tone of voice was well we
11 need to serve these papers. He was acting as if he was
12 a private investigator. He’s even announced himself as
13 a private investigator. He’s right next to me in the
14 other office and I just felt a little uncomfortable that
15 he’s claiming to be that and he’s not. He was asking
16 for her address and saying we have to do this and saying
17 we’ll serve it at your place of work if we need to. He
18 was really —
19 Q Bullying her?
20 A Bullying her into getting information. I just
21 kind of felt bad for the lady that he was talking to.
22 Q Nothing else about Stern?
23 A No. It was more about G&Z.
24 MS. CLARKSON: This is a two-page memo. It
25 looks like it was sent to Duane. Enter that as

1 Exhibit B. There was a letter dated September 9,
2 2009 that we’ll enter as exhibit C.
3 BY MR. BRIESMEISTER:
4 Q Mary, are those copies that we can keep?
5 A You can keep those. Actually, I have copies
6 on my little hard drive.
7 Q Mary, you indicated you were there
8 approximately two months at G&Z. Can you tell us why
9 you left, under what circumstances did you leave?
10 A Because I did not agree to sign that paper
11 that everyone had to sign.
12 Q That’s the only reason?
13 A That was it.
14 Q Did somebody come to you and say you must sign
15 it or else you have to leave?
16 A It was a group meeting. It was said that
17 everyone has to sign it. Don’t even bother working here
18 if you don’t. They told everyone that they had to sign.
19 Q Did others leave?
20 A No.
21 Q At that point in time?
22 A No.
23 Q You were the only one?
24 A I was the only one to my knowledge. I think
25 the environment from the impression I got at G&Z was

[ipaper docId=39605403 access_key=key-28tnns3a1fjg1hyp76jg height=600 width=600 /]

RELATED LINK:

Lender Processing Services LPS and ProVest: Resemblance is uncanny

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MOVING FILES VIA “18” WHEELER?? GIFTS?? Full Deposition Transcript of Kelly Scott of Law Offices of David J. Stern

MOVING FILES VIA “18” WHEELER?? GIFTS?? Full Deposition Transcript of Kelly Scott of Law Offices of David J. Stern


Side note…DJSP recently signed what may be the largest lease in Orlando this year. They plan to open a 12,870-square-foot in Highwoods Properties’ Landmark Center Two, near Lake Eola.

8 Q. And what was said about Cheryl’s bills being paid for
9 the Law Offices of David Stern?

10 A. That he’s always done it. David Stern has always
11 paid for Cheryl’s expenses.
12 Q. Personal expenses?
13 A. Yes.
14 Q. Do you know if he — Well was there rumor — Was
15 there talk, rather, that he paid — that he bought her car?

16 A. No, that’s confirmed. He did buy her a car. I
17 acknowledge that.

18 Q. He did buy her a car?
19 A. Yes.
20 Q. What kind of car did he buy her?
21 A. It was a BMW SUV.

<SNIP>

Q. Anything that —
4 A. Is it like personal or business or —
5 Q. Personal? Business? Anything at all?
6 A. Personal? The only thing that I was aware of that
7 took place there were the perks that certain employees received
8 from David Stern. If they were either dating him or they were
9 good friends with him, that they would basically do certain
10 things for him for certain files, in the sense of like David
11 Vargas. He would have certain perks from David Stern, like a
12 house, a car, cell phone paid all by David Stern.
13 And that’s all I know.

14 Q. Okay. So do you know of any other perks besides what
15 you said that Cheryl Salmons got? A car you said, for sure.
16 And her personal bills paid.

17 A. Yes. And cell phone.
18 Q. And probably her mortgage?
19 A. Yes. And vacations and gifts, jewelry.
20 Q. Who else would received gifts and jewelry or cars or
21 homes?
22 A. His girlfriend and David Vargas.
23 Q. Who’s his girlfriend?
24 A. At the time it was Christina Dell’Aguila

<SNIP>

8 Q. You have friends that still work at the office?
9 A. Yes.
10 Q. Doing what?
11 A. Foreclosure paralegals, docket return clerks.
12 Q. And what are they telling you?
13 A. That they’re very scared. That’s it.
14 Q. That your friends are scared?
15 A. Yeah, that my friends are scared.
16 Q. Did they say anything about what’s going on with
17 Stern or Cheryl Salmons or anybody else?
18 A. The only concern was that they were moving files out
19 of the office into a different office and that Eighteen Inch
20 Freight, I think, was picking them up. Something like that.
21 Trailer freight, something like that.

22 Q. Do you know where –
23 MS. CLARKSON: Eighteen wheeler?
24 THE WITNESS: Yeah, eighteen wheeler.

25 BY MS. EDWARDS:

1 Q. Do you know where they were moving them?
2 A. Supposedly they were being moved to Orlando’s office.
3 Q. And do you know why they would do that?
4 A. No.
5 Q. Do you know how long ago this was going on?
6 A. I think a month and a half ago.
7 Q. What kind of office is Orlando?
8 A. David Stern has another law office in Orlando,
9 Florida.

10 Q. What office is that?
11 A. I don’t know.
12 Q. And was it connected with the office here in Broward
13 County?
14 A. Yes.
15 Q. And do you know which — what the office is there or
16 what the location is?
17 A. No, I just know it’s another law office for David
18 Stern that he’s opened for foreclosures in Orlando.
19 Q. And did he just open it a month and a half ago?
20 A. No. He opened it, I think it was either sometime at
21 the beginning of this year or the end of last year. I can’t
22 remember.
23 Q. 2010?
24 A. Yeah.
25 Q. Or December 2009?

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Posted in KELLY SCOTT, STOP FORECLOSURE FRAUDComments (5)

*BREAKING* Florida judge denies Law Office of David J. Stern motion to quash subpoena

*BREAKING* Florida judge denies Law Office of David J. Stern motion to quash subpoena


This is a major victory for Florida residents.

Florida Judge Eileen O’Connor denied Law Office of David J. Stern motion to quash a subpoena from Florida Attorney General Bill McCollum in connection with the AG’s investigation into several of the state’s foreclosure firms.

Will add more to this as it comes in.

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David-J-Stern-AG-Subpoena

[ipaper docId=35680209 access_key=key-16l1kpbcmkkh7zujuh5k height=600 width=600 /]

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Posted in foreclosure, foreclosure fraud, foreclosure mills, foreclosures, Law Offices Of David J. Stern P.A., STOP FORECLOSURE FRAUDComments (3)

Fannie, Freddie One Less Foreclosure Baron, Ditch Stern

Fannie, Freddie One Less Foreclosure Baron, Ditch Stern


Mother Jones has dropped an exclusive today and reports Fannie, Freddie Ditch Foreclosure King David J. Stern’s firm.

Here is an excerpt by Andy Kroll:

Not only have Fannie and Freddie suspended foreclosure referrals to Stern’s firm, the Wall Street Journal reported, but two major banks—Citigroup and GMAC—have also stopped sending cases to the firm, which is under investigation by the Florida attorney general Bill McCollum. “Pending the outcome of the AG’s investigation, Citi is not referring new matters to this firm,” read a company statement.

Continue reading…Mother Jones

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



Posted in CitiGroup, fannie mae, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, Freddie Mac, GMAC, MERS, MERSCORP, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC.Comments (1)

FLORIDA AG ISSUES SUBPOENAS TO LENDER PROCESSING SERVICES (LPS) & DOCX 10-13-2010

FLORIDA AG ISSUES SUBPOENAS TO LENDER PROCESSING SERVICES (LPS) & DOCX 10-13-2010


Today the Florida Attorney General issued Subpoenas Duces Tecum’s to both Lender Processing Services Inc. and to a subsidiary DOCX. This involves employees past or present, the four foreclosure firms currently being investigated.

Both Assistant AG’s “McCollum’s Angels” June Clarkson and Theresa Edwards are doing an outstanding job!

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[click image for ]

AG_Subpoena_DT-to-Docx_

AG_Subpoena_LPS

STATE OF FLORIDA
OFFICE OF THE ATTORNEY GENERAL
DEPARTMENT OF LEGAL AFFAIRS

______________________________________
ECONOMIC CRIMES
INVESTIGATIVE SUBPOENA DUCES TECUM

“You,” “Your” or “DOC X” as used herein means DOCX, L.L.c. and any ofthe respondents, their agents and employees or any “affiliate” of the aforementioned entities, as that term is herein defined. Your agents include but are not limited to your officers, directors, attorneys, accountants, CPA’s, advertising consultants, or advertising account representatives. Any document in the possession ofyou, your affiliates, your agents or your employees is deemed to be within your possession or control. You have the affirmative duty to contact your agents, affiliates and employees and to obtain documentation from them, if such documentation is responsive to this subpoena.

B. Unless otherwise indicated, documents to be produced pursuant to this subpoena should include all original documents prepared, sent, dated, received, in effect, or which otherwise came into existence at any time. If your “original” is a photocopy, then the photocopy would be and should be produced as the original.

C. This subpoena duces tecum calls for the production of all responsive documents in your possession, custody or control without regard to the physical location ofsaid documents.

D. “And” and “or” are used as terms of inclusion, not exclusion.

E. The documents to be produced pursuant to each request should be segregated and specifically identified to indicate clearly the particular numbered request to which they are responsIve.

F. In the event that you seek to withhold any document on the basis that is properly entitled to some privilege or limitation, please provide the following information:

1. A list identifying each document for which you believe a limitation exists;

2. The name of each author, writer, sender or initiator of such document or thing, if any;

3. The name of each recipient, addressee or party for whom such document or thing was intended, ifany;

4. The date of such document, if any, or an estimate thereof so indicated if no date appears on the document;

5. The general subject matter as described in such document, or, if no such description appears, then such other description sufficient to identify said document; and

6. The claimed grounds for withholding the document, including, but not limited to, the nature of any claimed privilege and grounds in support thereof.

G. For each request, or part thereof, which is not fully responded to pursuant to a privilege, the nature of the privilege and grounds in support thereof should be fully stated.

H. If you possess, control or have custody of no documents responsive to any of the numbered requests set forth below, state this fact in your response to said request.

1. For purposes of responding to this subpoena, the term “document” shall mean all writings or stored data or information ofany kind, in any form, including the originals and all nonidentical copies, whether different from the originals by reason of any notation(s) made on such copies or otherwise, including, without limitation: correspondence, notes, letters, telegrams, minutes, certificates, diplomas, contracts, franchise agreements and other agreements, brochures, pamphlets, forms, scripts, reports, studies, statistics, inter-office and intra-office communications, training materials, analyses, memoranda, statements, summaries, graphs, charts, tests, plans, arrangements, tabulations, bulletins, newsletters, advertisements, computer printouts, teletype, telefax, microfilm, e-mail, electronically stored data, price books and lists, invoices, receipts, inventories, regularly kept summaries or compilations of business records, notations of any type of conversations, meetings, telephone or other communications, audio and videotapes; electronic, mechanical or electrical records or representations of any kind (including without limitation tapes, cassettes, discs, magnetic tapes, hard drives and recordings to include each document translated, if necessary, through detection devices into reasonably usable form).

1. For purposes of responding to this subpoena, the term “affiliate” shall mean: a corporation, partnership, business trust, joint venture or other artificial entity which effectively controls, or is effectively controlled by you, or which is related to you as a parent or subsidiary or sibling entity. “Affiliate” shall also mean any entity in which there is a mutual identity of any officer or director. “Effectively controls” shall mean having the status of owner, investor (if 5% or more of voting stock), partner, member, officer, director, shareholder, manager, settlor, trustee, beneficiary or ultimate equitable owner as defined in Section 607.0505(11)(e), Florida Statutes.

K. The term “Florida affiliates” shall mean those of your affiliates which do business in Florida or which are licensed to do business in Florida.

L. If production of documents or other items required by this subpoena would be, in whole or in part, unduly burdensome, or if the response to an individual request for production may be aided by clarification of the request, contact the Assistant Attorney General who issued this subpoena to discuss possible amendments or modifications of the subpoena, within five (5) days of receipt ofsame.

M. Documents maintained in electronic form must be produced in their native electronic form with all metadata intact. Data must be produced in the data format in which it is typically used and maintained. Moreover, to the extent that a responsive Document has been electronically scanned (for any purpose), that Document must be produced in an Optical Character Recognition (OCR) format and an opportunity provided to review the original Document. In addition, documents that have been electronically scanned must be in black and white and should be produced in a Group IV TIFF Format (TIF image format), with a Summation format load file (dii extension). DII Coded data should be received in a (Comma-Separated Values) CSV format with a pipe (I) used for multivalue fields. Images should be single page TIFFs, meaning one TIFF file for each page of the Document, not one .tifffor each Document. Ifthere is no text for a text file, the following should be inserted in that text file: “Page Intentionally Left Blank.”

Moreover, this Subpoena requires all objective coding for the production, to the extent it exists. For electronic mail systems using Microsoft Outlook or LotusNotes, provide all responsive emails and, if applicable, email attachments and any related Documents, in their native file format (i.e., .pst for Outlook personal folder, .nsf for LotusNotes). For all other email systems, provide all responsive emails and, if applicable, email attachments and any related Documents in OCR and TIFF formats as described above.

P. The relevant time period for the present request shall be from January 1, 2006 to present unless otherwise specifically stated. YOU ARE HEREBY COMMANDED to produce at said time and place all documents, as defined above, relating to the following subjects:

1. Copies ofall “Network Agreements” between DOCX and any law firm with offices located in the State of Florida.

2. Copies of any and all underlying documentation that allows for your employee or ex-employee, Linda Green to sign documents in the following capacities:

a. Vice President of Loan Documentation, Wells Fargo Bank, N.A. successor by merger to Wells Fargo Home Mortgage, Inc.; ;

b. Vice President, Mortgage Electronic Registration Systems, Inc. as nominee for American Home Mortgage Acceptance, Inc.;

c. Vice President, American Home Mortgage Servicing as successor-in-interest to Option One Mortgage Corporation;

d. Vice President, Mortgage Electronic Registration Systems, Inc. as nominee for American Brokers Conduit;

e. Vice President & Asst. Secretary, American Home Mortgage Servicing, Inc., as servicer for Ameriquest Mortgage Corporation;

f. Vice President, Option One Mortgage Corporation;

g. Vice President, Mortgage Electronic Registration Systems, Inc. as nominee for HLB Mortgage;

h. Vice President, American Home Mortgage Servicing, Inc.;

1. Vice President, Mortgage Electronic Registration Systems, Inc. as nominee for Family Lending Services, Inc.;

J. Vice President, American Home Mortgage Servicing, Inc. as Successor -ininterest to Option One Mortgage Corporation;

k. Vice President, Argent Mortgage Company, LLC by Citi Residential Lending, Inc., attorney-in-fact;

1. . Vice President, Sand Canyon Corporation f/kJal Option One Mortgage Corporation;

m. Vice President, Amtrust Funsing (sic) Services, Inc., by American Home Mortgage Servicing, Inc., as Attorney-in -fact;

n. Vice President, Seattle Mortgage Company.

3. Copies of every document signed in any capacity by Linda Green.

4. Copies of any and all underlying documentation that allows for your employee or ex-employee, Korell Harp to sign documents in any capacity for any lender and/or servicing company.

5. Copies of any and all underlying documentation that allows for your employee or ex-employee, Jessica Ohde to sign documents in any capacity for any lender and/or servicing company.

6. Copies of any and all underlying documentation that allows for your employee or ex-employee, Pat Kingston to sign documents in any capacity for any lender and/or servicing company.

7. Copies of any and all underlying documentation that allows for your employee or ex-employee, Christina Huang to sign documents in any capacity for any lender and/or servicing company.

8. Copies of any and all underlying documentation that allows for your employee or ex-employee, Tywanna Thomas to sign documents in any capacity for any lender and/or servicing company.

9. All policy and procedure manuals and/or training materials regarding the methods and timing that DOCX uses, including without limitation relating to the drafting and/or execution of foreclosure and mortgage related documents, including but not limited to Assignments of Mortgage, Satisfactions ofMortgage and Affidavits ofany and all kind.

10. A list ofall employees, dates ofhire and termination, and their duties, including whether or not they provide any notary services for DOCX.

11. All documents in your possession regarding any contracts with Florida Default Law Group, P.L., The Law Offices of David J. Stem, P.A., Shapiro & Fishman, L.L.P. and The Law Offices of Marshall C. Watson, P.A., including contracts regarding payments to or from any of those entities.

12. Documents relating to the relationship between DOCX and NewTrac and/or NewInvoice, including but not limited to, documents relating to the types ofdocuments that are or can be generated or are requested to be generated.

13. Any price lists published in any manner to prospective customers, whether by printed or electronic means.

14. All communications between DOCX and Florida Default Law Group, P.L., The Law Offices of David J. Stem, P.A., Shapiro & Fishman, L.L.P. or The Law Offices ofMarshall C. Watson, P.A. relating to procedures, policies, instructions or performance ofthe creation, backdating, modification, amendment, or other alteration ofany real property-related transactional document or records, including assignments, satisfactions ofmortgage, affidavits, notes, allonges, or other documents filed in any court.

15. Ledgers ofall financial transactions between DOCX and Florida Default Law Group, P.L., The Law Offices of David J. Stem, P.A., Shapiro & Fishman, L.L.P. or The Law Offices of Marshall C. Watson, P .A.

16. Ledgers ofall financial transactions between DOCX and any title company, recording service, process server, or any other entity that provides payments to DOCX in connection with any services rendered in connection with any residential foreclosure.

17. Ledgers ofall financial transactions between DOCX and any title company, recording service, process server, or any other entity to whom DOCX provides payment(s) in connection with any services rendered in connection with any residential foreclosure.

WITNESS the FLORIDA OFFICE OF THE ATTORNEY GENERAL in Fort Lauderdale, Florida, this 13th day of October, 2010.

June M. Clarkson
Assistant Attorney General
Florida Bar Number: 785709
OFFICE OF THE ATTORNEY GENERAL 110 S.E. 6th Street, 10th Floor
Fort Lauderdale, Florida 33301
Telephone: 954-712-4600
Facsimile: 954-712-4658

Theresa B. Edwards
Assistant Attorney General
Florida Bar Number: 252794

NOTE: In accordance with the Americans with Disabilities Act of 1990, persons needing a special accommodation to participate in this proceeding should contact George Rudd, Assistant Attorney General at (954) 712-4600 no later than seven days prior to the proceedings. Ifhearing impaired, contact the Florida Relay Service 1-800-955-8771 (TDD); or 1-800-955-8770 (Voice), for assistance.

AUTHORITY

Florida Statute 501.206

501.206 Investigative powers of enforcing authority.(

1) If, by his own inquiry or as a result ofcomplaints, the enforcing authority has reason to believe that a person has engaged in, or is engaging in, an act or practice that violates this part, he may administer oaths and affinnations, subpoena witnesses or matter, and collect evidence. Within 5 days excluding weekends and legal holidays, after the service ofa subpoena or at any time before the return date specified therein, whichever is longer, the party served may file in the circuit court in the county in which he resides or in which he transacts business and serve upon the enforcing authority a petition for an order modifying or setting aside the subpoena. The petitioner may raise any objection or privilege which would be available under this chapter or upon service of such subpoena in a civil action. The subpoena shall infonn the party served of his rights under this subsection.

(2) If matter that the enforcing authority seeks to obtain by subpoena is located outside the state, the person subpoenaed may make it available to the enforcing authority or his representative to examine the matter at the place where it is located. The enforcing authority may designate representatives, including officials ofthe state in which the matter is located, to inspect the matter on his behalf, and he may respond to similar requests from officials ofother states.

(3) Upon failure ofa person without lawful excuse to obey a subpoena and upon reasonable notice to all persons affected, the enforcing authority may apply to the circuit court for an order compelling compliance.

(4) The enforcing authority may request that the individual who refuses to comply with a subpoena on the ground that testimony or matter may incriminate him be ordered by the court to provide the testimony or matter. Except in a prosecution for perjury, an individual who complies with a court order to provide testimony or matter after asserting a privilege against selfincrimination to which he is entitled by law shall not have the testimony or matter so provided, or evidence derived there from, received against him in any criminal investigation proceeding.

(5) Any person upon whom a subpoena is served pursuant to this section shall comply with the tenns thereof unless otherwise provided by order of the court. Any person who fails to appear with the intent to avoid, evade, or prevent compliance in whole or in part with any investigation under this part or who removes, destroys, or by any other means falsifies any documentary material in the possession, custody, or control of any person subject to any such subpoena, or knowingly conceals any relevant infonnation with the intent to avoid, evade, or prevent compliance shall be liable for a civil penalty of not more than $5,000, reasonable attorney’s fees, and costs.

Affidavit of Service Attached

RELATED LINK:

LPS 101

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Posted in assignment of mortgage, concealment, conspiracy, CONTROL FRAUD, deed of trust, DOCX, FDLG, florida default law group, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, forgery, investigation, jeff carbiener, Lender Processing Services Inc., LPS, MERS, MERSCORP, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Notary, notary fraud, STOP FORECLOSURE FRAUD, stopforeclosurefraud.comComments (1)

Florida Law Firm Battles State Probe

Florida Law Firm Battles State Probe


Firm battles state probe

The Law Offices of David J. Stern took its fight against the attorney general’s investigation to court on Tuesday, moving to quash the state’s subpoena.

By TOLUSE OLORUNNIPA
tolorunnipa@MiamiHerald.com

The battle between Attorney General Bill McCollum and four law firms accused of shoddy foreclosure practices continued in Broward County Court on Tuesday, with the Law Offices of David J. Stern challenging the state’s subpoena.

Jeffrey Tew, legal counsel for Stern’s Plantation-based firm, argued that the attorney general’s office does not have jurisdiction to investigate law firms under the Federal Deceptive and Unfair Trade Practices Act, or FDUTPA.

That statute — the basis of McCollum’s case — only applies in cases where goods and services are being transferred between the accused and the alleged victim, Tew said.

“The alleged quote-unquote `victims’ in this case are the borrowers,” said Tew, presenting a motion to “quash” the subpoena. “FDUTPA requires that the law firm be exchanging goods and services of monetary value with the borrowers.”

Tew said that the law firm was exchanging its services with the banks, not the borrowers.

The judge, Eileen O’Connor, said she would rule in a couple of days.

The case is crucial to the state’s investigation, because it comes on the heels of another ruling in which a Palm Beach judge quashed the state’s subpoena of the Shapiro & Fishman law firm. That judge said the Florida Bar and the Supreme Court have jurisdiction to sanction lawyers, not the attorney general.

O’Connor indicated that she would judge independently.

“That’s not your better argument,” she told Tew after he referenced the Palm Beach case.

Continue reading …MIAMI HERALD

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



Posted in assignment of mortgage, conflict of interest, conspiracy, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, Law Offices Of David J. Stern P.A., robo signersComments (0)

BLOOMBERG: Citigroup Stops Using Foreclosure Law Firm Under Investigation in Florida

BLOOMBERG: Citigroup Stops Using Foreclosure Law Firm Under Investigation in Florida


By Dakin Campbell and Donal Griffin – Oct 12, 2010 12:00 AM ET

Citigroup Inc. said it stopped steering foreclosure work to a Florida law firm whose court filings to support home seizures are under investigation by the state’s attorney general.

The bank, which is proceeding with seizures as some rivals stop to recheck documents, had used the Law Offices of David J. Stern PA. Florida Attorney General Bill McCollum said Aug. 10 it is examining whether Stern and two other firms filed “improper documentation” with the state’s courts to speed proceedings.

“Pending the outcome of the AG’s investigation, Citi is not referring new matters to this firm,” the New York-based bank said in an e-mailed statement. Citigroup services loans for government-sponsored entities, such as Fannie Mae and Freddie Mac. Stern “was approved by the GSEs during the time in which it was retained by Citi,” the bank said.

Lawmakers, attorneys general and consumer groups have pressed mortgage firms to follow Bank of America Corp., the biggest U.S. lender, which last week suspended all foreclosures to check whether faulty documents were used to confiscate homes. JPMorgan Chase & Co. and Ally Financial Inc.’s GMAC Mortgage unit froze seizures or evictions in Florida and 22 other states. Citigroup said last week it doesn’t plan to join them.

McCollum’s office “hasn’t made any charges or allegations of fault,” said Jeffrey Tew, an outside attorney for Plantation, Florida-based Stern, who declined to discuss its work for Citigroup. “I believe they’re a client. I can’t go into any details.”

Continue reading…BLOOMBERG

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Posted in assignment of mortgage, CitiGroup, djsp enterprises, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, forgery, investigation, Law Offices Of David J. Stern P.A., notary fraudComments (0)

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