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Florida Supreme Court hears landmark Foreclosure Fraud suit

Florida Supreme Court hears landmark Foreclosure Fraud suit


Does the rule of law matter?

Why hasn’t David J. Stern not been disbarred? Suspended?

Is Fraud upon the court 100,000’s of time & to the face of a judge not a crime?

Why would the original judge not sanction anyone?

Will the Supreme Court allow fraud to slap it in its face 2nd time around?

Where has justice gone?

Reuters-

The Florida Supreme Court heard arguments on Thursday in a landmark lawsuit that could undo hundreds of thousands of foreclosures and open up banks to severe financial penalties in the state where they face the bulk of their foreclosure-fraud litigation.

Legal experts say the lawsuit is one of the most important foreclosure fraud cases in the country and could help resolve an issue that has vexed Florida’s foreclosure courts for the past five years: Can banks that file fraudulent documents in foreclosure proceedings voluntarily dismiss the cases only to refile them later with different paperwork?

The decision, which may take up to eight months, could influence judges in the other 26 states that require judicial approval for foreclosures.

The case at issue, known as Roman Pino v. Bank of New York Mellon, stems from the so-called robo-signing scandal that emerged in 2010 when it was revealed that banks and their law firms had hired low-wage workers to sign legal documents without checking their accuracy, as is required by law.

If the state Supreme Court rules against the banks, “a broad universe of mortgages could be rendered unenforceable,” said former U.S. Attorney Kendall Coffey, author of the book, “Foreclosures in Florida.”

[REUTERS]

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Florida foreclosure case could SLAM banks

Florida foreclosure case could SLAM banks


Reuters-

The Florida Supreme Court is set to hear oral arguments Thursday in a lawsuit that could undo hundreds of thousands of foreclosures and open up banks to severe financial liabilities in the state where they face the bulk of their foreclosure-fraud litigation.

The court is deciding whether banks who used fraudulent documents to file foreclosure lawsuits can dismiss the cases and refile them later with different paperwork.

The decision, which may take up to eight months to render, could affect hundreds of thousands of homeowners in Florida, and could also influence judges in the other 26 states that require lawsuits in foreclosures.

Of all the foreclosure filings in those states, sixty three percent, a total of 138,288, are concentrated in five states, according to RealtyTrac, an online foreclosure marketplace. Of those, nearly half are in Florida. In Congressional testimony last year, Bank of America, the U.S.’s largest mortgage servicer, said that 70 percent of its foreclosure-related lawsuits were in Florida.

The case at issue, known as Roman Pino v. Bank of New York Mellon, stems from the so-called robo-signing scandal that emerged in 2010 when it was revealed that banks and their law firms had hired low-wage workers to sign legal documents without checking their accuracy as is required by law.

This was a case of an intentionally fraudulent document fabricated to use in a court proceeding,” says former U.S. Attorney Kendall Coffey, author of the book Foreclosures in Florida.

[REUTERS]

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PINO v. BONY Oral Argument set for Thursday May 10, 2012 at 9:00 am

PINO v. BONY Oral Argument set for Thursday May 10, 2012 at 9:00 am


The Oral Arguments in Roman Pino v. Bank of New York will be heard before the Florida Supreme Court on Thursday, May 10, 2012  at 9:00 AM.  In this case the court will be addressing the circumstances under which a voluntary dismissal (a final judgment or other court action) can be set aside long after the case is over, based on underlying fraud on the court.

The Oral Arguments can be watched live on http://thefloridachannel.org/watch/web3/1336655014.

As reflected above, the Fourth District certified this issue to be one of great public importance, and in doing so, noted that “many, many mortgage foreclosures appear tainted with suspect documents” and that Pino’s requested remedy, if imposed, “may dramatically affect the mortgage foreclosure crisis in this State.” Pino, 57 So. 3d at 954-55.

Supreme Court of Florida

No. SC11-697

ROMAN PINO,
Petitioner,

vs.

THE BANK OF NEW YORK, etc., et al.,
Respondents.

[December 8, 2011]

PER CURIAM.

The issue we address is whether Florida Rule of Appellate Procedure 9.350 requires this Court to dismiss a case after we have accepted jurisdiction based on a question certified to be one of great public importance and after the petitioner has filed his initial brief on the merits.1 This narrow question arose after the parties to this action filed a joint Stipulated Dismissal, which advised that they had settled this matter and stipulated to the dismissal of the review proceeding pending before this Court. It cannot be questioned that our well-established precedent authorizes this Court to exercise its discretion to deny the requested dismissal of a review proceeding, even where both parties to the action agree to the dismissal in light of an agreed-upon settlement. The question certified to us by the Fourth District Court of Appeal in this case transcends the individual parties to this action because it has the potential to impact the mortgage foreclosure crisis throughout this state and is one on which Florida’s trial courts and litigants need guidance. The legal issue also has implications beyond mortgage foreclosure actions. Because we agree with the Fourth District that this issue is indeed one of great public importance and in need of resolution by this Court, we deny the parties’ request to dismiss this proceeding.

[…]

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Florida Supreme Court to review dismissed foreclosure lawsuit against Greenacres man

Florida Supreme Court to review dismissed foreclosure lawsuit against Greenacres man


This shouldn’t be so difficult, David J. Stern has TONS of fraudulent documents out there. Pick any County, any documents his firm filed and you’re sure to find fraud. Just read the depositions from his former employees.

“We conclude that this is a question of great public importance, as many, many mortgage foreclosures appear tainted with suspect documents,” the appeals court wrote in certification to the Supreme Court.

PALM BEACH POST-

An unassuming drywall hanger from Greenacres has banks warning of a “widespread financial crisis” if the Florida Supreme Court favors him in a landmark foreclosure case justices will hear this week.

Plucked out of the 4th District Court of Appeal, Roman Pino v. the Bank of New York is the first significant foreclosure complaint to be heard by the high court since the state’s legendary housing collapse.

It’s particularly unusual because the 41-year-old Pino had already settled the case when the Supreme Court decided in December to take up a legal question it said could affect the mortgage foreclosure crisis statewide.

At issue is whether a bank can escape punishment for filing flawed or fraudulent documents in a case by voluntarily dismissing it. (A voluntary dismissal allows the bank to refile at a later date.)

That’s what Royal Palm Beach-based foreclosure defense attorney Tom Ice said happened when he challenged a document created by the Law Offices of David J. Stern and sought to question employees about its veracity. On the eve of those depositions, the bank moved to dismiss the case, blocking the court’s ability to address any sanctions.

“The objective here was to hide from punishment for the wrongdoing,” Ice said.

[PALM BEACH POST]

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PINO vs BONY | BRIEF OF AMICUS CURIAE FLORIDA LAND TITLE ASSOCIATION AND AMERICAN LAND TITLE ASSOCIATION

PINO vs BONY | BRIEF OF AMICUS CURIAE FLORIDA LAND TITLE ASSOCIATION AND AMERICAN LAND TITLE ASSOCIATION


Via MATT WEIDNER

EXCERPT:

INTRODUCTION
The Court retained this case so that it could give needed guidance to trial courts and other litigants by its answer to a certified question arising from a mortgage foreclosure action. As the Court wrote: The question certified . . . transcends the individual parties to this action because it has the potential to impact the mortgage foreclosure crisis throughout this state and is one on which Florida’s trial courts and litigants need guidance. The legal issue also has implications beyond mortgage foreclosure actions.
Pino v. Bank of New York, 36 Fla. L. Weekly S711 (Fla. Dec. 8, 2011). Florida Land Title Association (“FLTA”) and American Land Title Association (“ALTA”) file this brief to address the need for this Court to give guidance to trial courts and litigants on the importance of protecting the rights of third parties that have justifiably relied on the finality of a prior court action when buying, extending financing on, or insuring title to real property.

SUMMARY OF ARGUMENT
The Court can expressly limit its decision in this case to the setting aside of a voluntary dismissal in a case where no third party interest in real estate is implicated. Should it choose to do so, FLTA and ALTA have no issues to address. However, if the Court decides to write more broadly, we respectfully ask the Court to emphasize the need to protect the rights of affected third parties when collateral attacks are brought against otherwise final court judgments, orders, decrees or proceedings. The residential mortgage foreclosure crisis has caused a host of problems for homeowners, lenders, and Florida’s court system. The Court addressed many of these problems by forming the Task Force on Residential Mortgage Foreclosures in 2009 and by adopting its recommended amendments to the Florida Rules of Civil Procedure in 2010. However, unlike some other states, the Court has not adequately addressed the protection of third party interests when otherwise final court proceedings are collaterally attacked, especially the interest of those who have purchased foreclosed real estate.

Respectfully, if the Court is to give guidance to trial courts and litigants regarding collateral attacks against foreclosure actions (whether relief is sought under rule 1.540(b) or the use of inherent judicial powers) beyond the narrow facts of this case, it should give guidance on protecting the interests of third parties that purchase, finance and insure title to foreclosed properties. Recognition and protection of these neglected interests is vital to the integrity of our judicial system and to the ultimate resolution of the mortgage foreclosure crisis.

[…]

Download PDF Below

Down Load PDF of This Case

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FULL DEPOSITION TRANSCRIPT OF DAVID J. STERN 12/21/2011

FULL DEPOSITION TRANSCRIPT OF DAVID J. STERN 12/21/2011


H/T FloridaForeclosureFraudWebBlog

EXCERPTS:

Q Define “cradle to grave” in the context you
said it — meant it when you said it.

A When I speak of cradle to grave, that would be
that we provide services that may become necessary on a
default of loan on behalf of the client, so it generally
come in as a foreclosure. If the foreclosure is
interrupted by a bankruptcy, we will handle that
bankruptcy. Once the bankruptcy has been concluded and
we’re free — sorry — from the automatic stay, we would
then continue on with the foreclosure. Once the
foreclosure is complete and title invest in the
servicer, we would then handle any evictions where
necessary. Once the eviction is complete and it becomes
a real estate-owned property, we would then open the
title work and handle the closing on behalf of the
grantor, the bank as the seller, to the grantee.

Q And those systems that were used by the Law
Offices of David J. Stern, P.A., you developed?

A I — the day one, I developed them; day two,
they continued to be expanded and improved upon by
people that were smarter than I was in those particular
areas.

Q Okay. But would you agree with me certainly
until 2006, you were the captain of the ship with regard
to your office and how it ran and the systems that were
to be used?

A I would agree that I was the captain of the
ship. I would strongly disagree that processes were put
in — that were put in were put in by me. The
development, better practices, things like that, Miriam,
Sam, Beverly, when she joined, and Cheryl, did a lot of
that. So, there was — in 2000 — even in 2000, there
were procedures and policies put in place that they were
comfortable in doing and realized that I would have no
objection. If I had to deal with every granular change
that results from Fannie or Freddie guidelines or a
local rule or a judge making some sort of requirement,
that by definition would be an impossibility. Hence,
development expanding processes and procedures very
quickly fell on Miriam, Beverly and — and — and
Cheryl. I was there for the day-to-day probably up
until 2006. He had my nose and things, but it didn’t
take long to realize that. Sometimes you can’t be the
rainmaker and be involved in procedure because very
quickly, I did not know or have knowledge as to the
capabilities of the staff that was in place.

Q Did you ever object to any of the policies or
procedures that were put in place by others beside
yourself.

A I don’t I don’t recall. Apparently, not
very long or hard or I’ll stay with them in there.

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Mortgage Fraud: Bank of America, Bank of New York Mellon, Countrywide Home Loans Servicing, Law Offices of David Stern, Cheryl Samons

Mortgage Fraud: Bank of America, Bank of New York Mellon, Countrywide Home Loans Servicing, Law Offices of David Stern, Cheryl Samons


Mortgage Fraud

Bank of America
Bank of New York Mellon
Countrywide Home Loans Servicing
Law Offices of David Stern
Cheryl Samons

Action Date: December 10, 2011
Location: West Palm Beach, FL

In a very unusual move, the FL Supreme Court rejected the settlement in the PINO case last week and will issue a decision about fraudulent mortgage documents.

Florida’s Fourth District Court of Appeals had certified a procedural foreclosure question to the Supreme Court, stating: “This is a question of great public importance” since “many, many mortgage foreclosures appear tainted with suspect documents.”

At the trial court level, PINO’s attorneys had asked the court to sanction BNY Mellon by denying it the equitable right to foreclose the mortgage at all. The district court observed that if this sanction were available after a voluntary dismissal, “it may dramatically affect the mortgage crisis in this state.”

The Fourth District Court of Appeals decision seemed to recognize that very frequently, bank lawyers used dismissals when homeowners raised a question regarding the legitimacy of the documents filed by the banks.

Advocates for homeowners were encouraged by the Supreme Court’s action denying the settlement as the final resolution.

So who exactly is NOT happy?

Perhaps the preparers and signers of the two mortgage assignments in the PINO case.

One of the Assignments was prepared by the Law Offices of David J. Stern, Esq. This is signed by Stern’s office manager, Cheryl Samons who signs as an Asst. Sect. of MERS.

This is dated September 19, 2008 – though not filed until February 18, 2009.

The Lis Pendens (beginning of the foreclosure in judicial states) was dated October 8, 2008.

This is an assignment of the Mortgage and the Note to:

The Bank of New York Mellon F/K/A The Bank of New York as Trustee for the Certificateholders CWALT, Inc. Alternative Loan Trust 2006-OC8.

For anyone unfamiliar with Cheryl Samons many acts in the Law Offices of David Stern (a law firm that spent a lot of $$ entertaining officials from FANNIE), the sworn statements from paralegals and notaries from the investigation of then Asst. A.G.s June Clarkson & Theresa Edwards (those overly aggressive FORMER prosecutors) are available for review at StopForeclosureFraud.com.

According to these sworn statements, Samons signed thousands of documents each week, allowed other people to sign her name, did not read what she signed, signed other names, etc. She did these things because her boss, David Stern, was very generous (see the articles by Andy Kroll in Mother Jones for more details on this).

The second assignment was notarized July 14, 2009 and filed July 29, 2009.

It seems they forgot all about the first assignment because once again it is an assignment from MERS to the same trust. This Assignment was also prepared by the Law Offices of David Stern. (If the first assignment was effective, of course, MERS had nothing to convey).

The signer this time was Melissa Viveros in Tarrant County, TX.

While she signs as a MERS officer, Viveros in many other reported cases appears as an officer of Countrywide Home Loans Servicing, N/K/A BAC Home Loans Servicing.

So, once again, Bank of America (then the parent of BAC Home Loans Servicing) and Bank of New York Mellon have the most to lose in the short run – and in the long run, investors in CWALT and CWABS trusts.

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NUCLEAR, NUCLEAR BOMBSHELL!!!!! FLORIDA SUPREME COURT RESURRECTS PINO v. BONY

NUCLEAR, NUCLEAR BOMBSHELL!!!!! FLORIDA SUPREME COURT RESURRECTS PINO v. BONY


H/T Matt Weidner

As reflected above, the Fourth District certified this issue to be one of great public importance, and in doing so, noted that “many, many mortgage foreclosures appear tainted with suspect documents” and that Pino’s requested remedy, if imposed, “may dramatically affect the mortgage foreclosure crisis in this State.” Pino, 57 So. 3d at 954-55.


Supreme Court of Florida

No. SC11-697

ROMAN PINO,
Petitioner,

vs.

THE BANK OF NEW YORK, etc., et al.,
Respondents.

[December 8, 2011]

PER CURIAM.

The issue we address is whether Florida Rule of Appellate Procedure 9.350 requires this Court to dismiss a case after we have accepted jurisdiction based on a question certified to be one of great public importance and after the petitioner has filed his initial brief on the merits.1 This narrow question arose after the parties to this action filed a joint Stipulated Dismissal, which advised that they had settled this matter and stipulated to the dismissal of the review proceeding pending before this Court. It cannot be questioned that our well-established precedent authorizes this Court to exercise its discretion to deny the requested dismissal of a review proceeding, even where both parties to the action agree to the dismissal in light of an agreed-upon settlement. The question certified to us by the Fourth District Court of Appeal in this case transcends the individual parties to this action because it has the potential to impact the mortgage foreclosure crisis throughout this state and is one on which Florida’s trial courts and litigants need guidance. The legal issue also has implications beyond mortgage foreclosure actions. Because we agree with the Fourth District that this issue is indeed one of great public importance and in need of resolution by this Court, we deny the parties’ request to dismiss this proceeding.

[…]

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HURRICANE CHERYL DESTROYS LAND RECORDS IN PALM BEACH COUNTY

HURRICANE CHERYL DESTROYS LAND RECORDS IN PALM BEACH COUNTY


Bank Fraud

Docx, LLC
Law Offices of David Stern
Lender Processing Services
Cheryl Samons

Action Date: October 24, 2011
Location: West Palm Beach, FL

HURRICANE CHERYL DESTROYS LAND RECORDS IN PALM BEACH COUNTY

In the six month period from September 1, 2008 through February 28, 2009, 502 mortgage assignments, signed by Cheryl Samons, were filed in the official records of Palm Beach County, FL.

Samons was the office manager for the Law Offices of David J. Stern, but she signed as a MERS officer.

Mortgage-backed trusts were the primary beneficiary of these Samons Assignments.

Mortgage Assignments Signed by Cheryl Samons Filed in Palm Beach County from September, 2008, through February, 2009:

September, 2008: 75
October, 2008: 125
November: 2008: 56
December, 2008: 85
January, 2009: 101
February, 2009: 60

Multiplied by three, in the 18-month period from July 4, 2008 though January 4, 2009, Samons is likely to have signed 1,506 Assignments.

This is the same 18-month period that 1,742 Docx Assignments were being filed in Palm Beach County. These had a stated mortgage value of $560,239,797 or an average mortgage value of $321,607 per assignment.

Samons Palm Beach County assignments filed from July 4, 2008 through January 4, 2009 have an estimated value of $484,340,182, nearly half a billion dollars.

This does not include the assignments signed by other Stern employees, associate Beth Cerni or paralegal Carol Wasserman.

The combined value of mortgages, primarily transferred to mortgage-backed trusts, for one county for one 18-month period: $1,044,579,939.

While Docx Assignments were only filed for 18 months in Palm Beach County, Samons assignments appeared regularly from 2007 through 2010.

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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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BOMBSHELL | GMAC’s Stunning Admissions, Accusations of David J. Stern, DJSP

BOMBSHELL | GMAC’s Stunning Admissions, Accusations of David J. Stern, DJSP


Attorney’s are hired to fix “mistakes”, not make thousands!

Imagine all the people who lost their homes to this. There is a right way and wrong way but this just goes to the core of the allegations made in the Class action again David J Stern, MERS and Shareholders including GMAC, in Florida.

Continue down below to the stunning admissions.

[ipaper docId=62178221 access_key=key-237zpkgmot81a9s9aywq height=600 width=600 /]

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Florida Supreme Court foreclosure case PINO v. BONY settled

Florida Supreme Court foreclosure case PINO v. BONY settled


Although disappointing not to see the final outcome behind the documents, this does not settle well with the FRAUD obviously involved.

“We conclude that this is a question of great public importance, as many, many mortgage foreclosures appear tainted with suspect documents,” the appeals court wrote in certification to the Supreme Court.

according to Miami Herald-

Both sides have agreed to settle a high-profile foreclosure fraud case pending before the Florida Supreme Court.

Details of the settlement were not disclosed in a brief stipulation filed Thursday with the high court.

The 4th District Court of Appeal in West Palm Beach had certified the case as a matter of “great public importance.”

The appeal court ruled Roman Pino couldn’t try to prove the Bank of New York Mellon defrauded him when it foreclosed on his Greenacres home.

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Florida Supreme Court To Take Up PINO v. Bank Of New York Mellon Case

Florida Supreme Court To Take Up PINO v. Bank Of New York Mellon Case


According to AP,  the court on Monday issued a high profile-case order in the matter of Pino v. Bank of New York Mellon. One of the issues in the case is whether there was a fraud on the trial court.

And we all now the original work behind this was none other than Law Offices of David J. Stern, who has recently shut down as of March 31, 2011.

On February 2, 2011 the Florida 4th DCA said

We conclude that this is a question of great public importance, as many, many mortgage foreclosures appear tainted with suspect documents. The defendant has requested a denial of the equitable right to foreclose the mortgage at all. If this is an available remedy as a sanction after a voluntary dismissal, it may dramatically affect the mortgage foreclosure crisis in this State. Accordingly we certify the following question to the Florida Supreme Court as of great public importance

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DailyFinance | Will Florida Finally Punish Banks and Lawyers for Foreclosure Document Fraud?

DailyFinance | Will Florida Finally Punish Banks and Lawyers for Foreclosure Document Fraud?


Abigail- knocks this OUT THE BALL PARK! Outstanding!!


Posted 11:30 AM 02/08/11

Foreclosure proceedings in courts nationwide have exposed a swamp of fraudulent documents, and in some cases — though perhaps far too few — those bad docs have sunk attempts by banks to take people’s homes.

Some of Florida’s courts, however,particularly courts in Lee County — have come under fire for compounding the documentation problems by ignoring the rule of law in order to rush through foreclosures. And a new rule put in place by the Florida Supreme Court to ensure that documents being used in foreclosures are properly certified hasn’t worked well, thanks to a new type of robo-signing that has sprung up to get around it.

In a reflection of how bad things have gotten, lenders are asking judges to “ratify” foreclosures done with robo-signed documents, the Palm Beach Post reported on Saturday. While such “ratification” would not, as a matter of law, mean much, the Post says, it might discourage people from challenging the foreclosures.

With luck, two recent developments may help really clean up the fraud in the Sunshine State. First, an appeals court has asked the Florida Supreme Court to clarify judges’ power to address the fraud, and second, the Florida Bar Association is finally taking a stand.

Asking for Power to Punish Foreclosure Fraud


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BLOOMBERG | The rise and fall of a foreclosure king

BLOOMBERG | The rise and fall of a foreclosure king


By MICHELLE CONLIN – Feb 6, 2011 7:29 PM ET
By The Associated Press

FORT LAUDERDALE, Fla. (AP) — During the housing crash, it was good to be a foreclosure king. David Stern was Florida’s top foreclosure lawyer, and he lived like an oil sheik. He piled up a collection of trophy properties, glided through town in a fleet of six-figure sports cars and, with his bombshell wife, partied on an ocean cruiser the size of a small hotel.

When homeowners fell behind on their mortgages, the banks flocked to “foreclosure mills” like Stern’s to push foreclosures through the courts on their behalf. To his megabank clients — Bank of America, Goldman Sachs, GMAC, Citibank and Wells Fargo — Stern was the ultimate Repo Man.

At industry gatherings, Stern bragged in his boyish voice of taking mortgages from the “cradle to the grave.” Of the federal government’s disastrous homeowner relief plan, which was supposed to keep people from getting evicted, he quipped: “Fortunately, it’s failing.”

The worse things got for homeowners, the better they got for Stern.

That is, until last fall, when the nation’s foreclosure machine blew apart and Stern’s gilded world came undone. Within a few months, Stern went from being the subject of a gushing magazine profile to being the subject of a Florida investigation, class-action lawsuits and blogger Schadenfreude that, at last long, the “foreclosure king” was dead.

“What Stern represents is an industry that was completely unrestrained, unchecked, unpunished and unsupervised,” says Florida defense attorney Matt Weidner. “This was business gone wild.”

The rise and fall of Stern, now 50, provides an inside look at how the foreclosure industry worked in the last decade — and how it fell apart. It also shows how banks, together with their law firms, built a quick-and-dirty foreclosure machine that was designed to take as many houses as fast as possible.

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TBO | Court’s stance on foreclosure case could have big impact

TBO | Court’s stance on foreclosure case could have big impact


By William E. Lewis Jr.| Highlands Today

Published: February 6, 2011

A Palm Beach county homeowner fighting alleged foreclosure fraud has ended up before the Florida Supreme Court.

An appeals court last week requested that the high court consider the case of Greenacres homeowner Roman Pino as a matter of “great public importance.” The decision by the 4th District Court of Appeal in West Palm Beach was unusual as neither the bank nor the homeowner requested such a review.

“We conclude that this is a question of great public importance, as many, many mortgage foreclosures appear tainted with suspect documents,” the appeals court wrote in certification to the Supreme Court.

Should the case be accepted by the Florida Supreme Court and a decision rendered in favor of Pino, thousands of cases could be impacted as allegations of document fraud run rampant throughout the state.

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



Posted in STOP FORECLOSURE FRAUDComments (0)

STOP! You Must Read The Florida Appeal Transcript of PINO v. BANK OF NEW YORK

STOP! You Must Read The Florida Appeal Transcript of PINO v. BANK OF NEW YORK


courtesy of IceLegal

excerpts:

JUDGE POLEN: I’m afraid I’m not following
that. David Stern’s client at the time was BNY
Mellon Bank, right?

MR. NIEVES: Yes.

JUDGE POLEN: Okay. And that’s evidence of
what, an assignment to a bank?

MR. NIEVES: Basically, the law firm
manufactured evidence for the client’s case.

JUDGE POLEN: Okay.

MR. NIEVES: It was signed and executed by
Cheryl Samons, who works for David Stern, and
executed the assignment solely for the litigation,
and, in the assignment, posed as an officer of a
different entity.

<SNIP>

MS. GIDDINGS: Well, Your Honor, if you look at
the allegations that they have made, almost all of
those allegations pertain to a different case.
They’re not this particular case. I don’t know what
that document — what occurred in that document. But
I think this court is probably going to have a number
of cases that come up before it where that issue
is — it may be at issue in subsequent proceedings.
And when you reopen — if you’re going to reopen
those cases, you have to make sure that you’re
reopening it for something that is material.

JUDGE FARMER: Fraud on the Court is not
material?

MS. GIDDINGS: Your Honor, fraud on the
Court —

JUDGE FARMER: Publishing false documents is
not material?

<SNIP>

MS. GIDDINGS: Because there was no affirmative
relief obtained in this case, Your Honor. And, in
fact, the relief was that Mr. Pino has been living in
the house for a long time, apparently without making
any payments.
And I understand your concerns, Your Honor.
But I’m urging you to consider this case in the grand
scheme of things. If you allow courts to go back and
open up all of these cases, when it’s clear on the
face that there was no affirmative relief obtained,
or that the affirmative relief would not have been
material, then you’re going to create chaos in the
court system.

JUDGE FARMER: So, are you suggesting that this
fraud has been that widespread that it –

MS. GIDDINGS: Your Honor, I’m not
acknowledging that any fraud occurred. I think that
there is — we all know –

JUDGE FARMER: Why would we shrink — as a
court system, why would we shrink, no matter how many
cases it might involve, from looking out for attempts
to defraud courts to publish and utter and use false
instruments? Why wouldn’t we be most vigilant?

To View Video of The Oral Argument Go HERE

[ipaper docId=48141935 access_key=key-luov0ltst9x6k2vgxi4 height=600 width=600 /]

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



Posted in STOP FORECLOSURE FRAUDComments (1)

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 /]

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



Posted in STOP FORECLOSURE FRAUDComments (18)

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.

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



Posted in STOP FORECLOSURE FRAUDComments (1)

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?

[ipaper docId=39604910 access_key=key-12u7vh26rf7970c9xnte height=600 width=600 /]

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



Posted in KELLY SCOTT, STOP FORECLOSURE FRAUDComments (5)

MUST WATCH PBS VIDEOS ON: MERSCORP CEO, Attorney Kenneth Eric Trent, Robo Signers and CITIMORTGAGE

MUST WATCH PBS VIDEOS ON: MERSCORP CEO, Attorney Kenneth Eric Trent, Robo Signers and CITIMORTGAGE


HOMEOWNER
vs.
ROBO SIGNERS

Watch the full episode. See more Nightly Business Report.

SOURCE: PBS

Related Links:

_________________

Take Two: *New* Full Deposition of Law Office of David J. Stern’s Cheryl Samons

_________________

Law Offices of David J. Stern, MERS | Assignment of Mortgage NOT EXECUTED but RECORDED

_________________

Cheryl Samons | No Signature, No Notary, 1 Witness…No Problem!

_________________

STERN’S CHERYL SAMONS| SHANNON SMITH Assignment Of Mortgage| NOTARY FRAUD!

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



Posted in assignment of mortgage, Cheryl Samons, citimortgage, CONTROL FRAUD, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, forgery, MERS, MERSCORP, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., notary fraud, robo signersComments (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

.

© 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)

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