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Fla. judge reverses GMAC loan: New York Post

Fla. judge reverses GMAC loan: New York Post


Special Thanks to: RICHARD WILNER NYPOST

Fla. judge reverses GMAC loan

By RICHARD WILNER

Last Updated: 4:23 AM, April 25, 2010

Posted: 12:14 AM, April 25, 2010

GMAC Mortgage got slammed by a Florida judge this month — and that may be good news for some of the 1,234 New York homeowners hit with a foreclosure action by GMAC since the beginning of 2008.

In that case, Judge Anthony Rondolino voided a GMAC foreclosure win after he found out legal papers filed by the company with the court to steamroll its way over homeowner Debbie Visicaro were faulty. They were filed by an employee of GMAC’s law firm who had no personal knowledge of the faulty mortgage’s position.

In short, they were based entirely on hearsay.

Lawyers familiar with foreclosure actions filed by law firm mills, as was done in this case, say such instances aren’t rare.

Visicaro, like most of the New York homeowners, at first decided to fight the foreclosure action without a lawyer. She didn’t know that the law firm employee was guessing in his court papers. But Visicaro finally hired a lawyer, Michael Alex Wasylik, who pointed out the flimsy evidence to the judge who then admitted he made a mistake when he first awarded GMAC a quickie legal win.

When the GMAC lawyer couldn’t explain away the bad evidence — and could only manage a Ralph Kramden-like hamina-hamina-hamina — the judge barked: “You’re going to have to speak up. I know that when you’re getting pummeled, it’s hard to talk loudly.”

“You know what I’d really like to see?” Rondolino said. “I’d like to see in one of these cases where a defense lawyer cross-examines, takes a deposition of these people, and we can see whether they ought be charged with perjury for all these affidavits.”

The 720 homeowners still fighting active cases — of the 1,234 filed in New York over the last 28 months — should start asking questions about the affidavits submitted in their cases, lawyers said. Maybe the legal papers in their case are built on legal ground as firm as that in the Visicaro case.

Posted in concealment, conspiracy, foreclosure fraud, foreclosure mills, Law Offices Of David J. Stern P.A.Comments (0)

Judge Bashes Bank in Foreclosure Case: The Wall Street Journal

Judge Bashes Bank in Foreclosure Case: The Wall Street Journal


Now you know when the Law Offices of David J. Stern reaches the Wall Street Journal, we certainly are getting our point A C R O S S! Thank You AMIR!

LAW APRIL 16, 2010, 11:20 P.M. ET

Judge Bashes Bank in Foreclosure Case

By AMIR EFRATI

A Florida state-court judge, in a rare ruling, said a major national bank perpetrated a “fraud” in a foreclosure lawsuit, raising questions about how banks are attempting to claim homes from borrowers in default.

The ruling, made last month in Pasco County, Fla., comes amid increased scrutiny of foreclosures by the prosecutors and judges in regions hurt by the recession. Judges have said in hearings they are increasingly concerned that banks are attempting to seize properties they don’t own.

Case Documents

Cases handled by the Law Offices of David Stern

The Florida case began in December 2007 when U.S. Bank N.A. sued a homeowner, Ernest E. Harpster, after he defaulted on a $190,000 loan he received in January of that year.

The Law Offices of David J. Stern, which represented the bank, prepared a document called an assignment of mortgage” showing that the bank received ownership of the mortgage in December 2007. The document was dated December 2007.

But after investigating the matter, Circuit Court Judge Lynn Tepper ruled that the document couldn’t have been prepared until 2008. Thus, she ruled, the bank couldn’t prove it owned the mortgage at the time the suit was filed.

The document filed by the plaintiff, Judge Tepper wrote last month, “did not exist at the time of the filing of this action…was subsequently created and…fraudulently backdated, in a purposeful, intentional effort to mislead.” She dismissed the case.

Forrest McSurdy, a lawyer at the David Stern firm that handled the U.S. Bank case, said the mistake was due to “carelessness.” The mortgage document was initially prepared and signed in 2007 but wasn’t notarized until months later, he said. After discovering similar problems in other foreclosure cases, he said, the firm voluntarily withdrew the suits and later re-filed them using appropriate documents.

“Judges get in a whirl about technicalities because the courts are overwhelmed,” he said. “The merits of the cases are the same: people aren’t paying their mortgages.”

Steve Dale, a spokesman for U.S. Bank, said the company played a passive role in the matter because it represents investors who own a mortgage-securities trust that includes the Harpster loan. He said a division of Wells Fargo & Co., which collected payments from Mr. Harpster, initiated the foreclosure on behalf of the investors.

Wells Fargo said in a statement it “does not condone, accept, nor instruct counsel to take actions such as those taken in this case.” The company said it was “troubled” by the “conclusions the Court found as to the actions of this foreclosure attorney. We will review these circumstances closely and take appropriate action as necessary.”

Since the housing crisis began several years ago, judges across the U.S. have found that documents submitted by banks to support foreclosure claims were wrong. Mistakes by banks and their representatives have also led to an ongoing federal criminal probe in Florida.

Some of the problems stem from the difficulty banks face in proving they own the loans, thanks to the complexity of the mortgage market.

The Florida ruling against U.S. Bank was also a critique of law firms that handle foreclosure cases on behalf of banks, dubbed “foreclosure mills.”

Lawyers operating foreclosure mills often are paid based on the volume of cases they complete. Some receive $1,000 per case, court records show. Firms compete for business in part based on how quickly they can foreclose. The David Stern firm had about 900 employees as of last year, court records show.

“The pure volume of foreclosures has a tendency perhaps to encourage sloppiness, boilerplate paperwork or a lack of thoroughness” by attorneys for banks, said Judge Tepper of Florida, in an interview. The deluge of foreclosures makes the process “fraught with potential for fraud,” she said.

At an unrelated hearing in a separate matter last week, Anthony Rondolino, a state-court judge in St. Petersburg, Fla., said that an affidavit submitted by the David Stern law firm on behalf of GMAC Mortgage LLC in a foreclosure case wasn’t necessarily sufficient to establish that GMAC was the owner of the mortgage.

“I don’t have any confidence that any of the documents the Court’s receiving on these mass foreclosures are valid,” the judge said at the hearing.

A spokesman for GMAC declined to comment and a lawyer at the David Stern firm declined to comment.

Write to Amir Efrati at amir.efrati@wsj.com

Related Articles

U.S. Probes Foreclosure-Data Provider
4/3/2010

Two Different Plaintiffs Claim to Own Same Mortgage
11/14/2008

Some Judges Stiffen Foreclosure Standards
7/26/2008

The Court House: How One Family Fought Foreclosure
11/28/2007

Judges Tackle “Foreclosure Mills”
11/30/2007

Wells Fargo Is Sanctioned For Role in Mortgage Woes
4/30/2008

Judge reversed his own ruling that had granted summary judgment to GMAC Mortgage (DAVID J. STERN)

GMAC v Visicaro Case No 07013084CI: florida judge reverses himself: applies basic rules of evidence and overturns his own order granting motion for summary judgment

OVERRULED!!! Florida Judge Reverses His own Summary Judgment Order!

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Posted in concealment, conspiracy, CONTROL FRAUD, corruption, djsp enterprises, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, forensic mortgage investigation audit, Law Offices Of David J. Stern P.A., MERS, us bankComments (2)

GMAC v Visicaro Case No 07013084CI: florida judge reverses himself: applies basic rules of evidence and overturns his own order granting motion for summary judgment

GMAC v Visicaro Case No 07013084CI: florida judge reverses himself: applies basic rules of evidence and overturns his own order granting motion for summary judgment


THIS IS WORTH REPEATING OVER AND OVER!!!!

From: Neil Garfield Livinglies

RIGHT ON POINT ABOUT WHAT WE WERE JUST TALKING ABOUT IN HEARING YESTERDAY!!

I appeared as expert witness in a case yesterday where the Judge had trouble getting off the idea that it was an accepted fact that the note was in default and that ANY of the participants in the securitization chain should be considered collectively “creditors” or a creditor. Despite the fact that the only witness was a person who admitted she had no knowledge except what was on the documents given to her, the Judge let them in as evidence.

The witness was and is incompetent because she lacked personal knowledge and could not provide any foundation for any records or document. This is the predominant error of Judges today in most cases. Thus the prima facie case is considered “assumed” and the burden to prove a negative falls unfairly on the homeowner.

The Judge, in a familiar refrain, had trouble with the idea of giving the homeowner a free house when the only issue before him was whether the motion to lift stay should be granted. Besides the fact that the effect of granting the motion to lift stay was the gift of a free house to ASC who admits in their promotional website that they have in interest nor involvement in the origination of the loans, and despite the obviously fabricated assignment a few days before the hearing which violated the terms of the securitization document cutoff date, the Judge seems to completely missed the point of the issue before him: whether there was a reason to believe that the movant lacked standing or that the foreclosure would prejudice the debtor or other creditors (since the house would become an important asset of the bankruptcy estate if it was unencumbered).

If you carry over the arguments here, the motion for lift stay is the equivalent motion for summary judgment.

This transcript, citing cases, shows that the prima facie burden of the Movant is even higher than beyond a reasonable doubt. It also shows that the way the movants are using business records violates all standards of hearsay evidence and due process. Read the transcript carefully. You might want to use it for a motion for rehearing or motion for reconsideration to get your arguments on record, clear up the issue of whether you objected on the basis of competence of the witness, and then take it up on appeal with a cleaned up record.

[ipaper docId=29901870 access_key=key-2igblc29w7y5gelivtak height=600 width=600 /]

RELATED ARTICLE:

Judge reversed his own ruling that had granted summary judgment to GMAC Mortgage (DAVID J. STERN)


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Posted in Law Offices Of David J. Stern P.A.Comments (1)

Judge reversed his own ruling that had granted summary judgment to GMAC Mortgage (DAVID J. STERN)

Judge reversed his own ruling that had granted summary judgment to GMAC Mortgage (DAVID J. STERN)


My am news could never arrive too early from one of my favorite person. This judge unleashed a can of WHOOP ARSE!

I think you will find this transcript very interesting.  These highlights are from a Motion for Rehearing where the Court had granted summary judgment for the lender in a foreclosure case.  The judge is Honorable Anthony Rondolino from Pinellas County, Florida.  The hearing took place on April 7, 2010.  Counsel for the homeowner/defendant, Debbie Visicaro, was  Michael Alex Wasylik.

The judge reversed his own ruling that had granted summary judgment to GMAC Mortgage.
The judge noted that in a recent foreclosure summary judgment hearing, there was a different plaintiff pursuing foreclosure on the same note and mortgage in a different county.
In both cases, there was a count to reestablish the [lost] note and “both of them had gone so far as to have affidavits filed in support of a summary judgment whereby an individual represented to the Court in the Affidavit that the separate plaintiffs had possessed the note and had lost the note while it was in their possession.”
“Interestingly, both affidavits, although they were different plaintiffs, purported the same facts and they were executed by the same individual in alleged capacity as a director of two separate corporations, one of which was ultimately found to be an assignee of the original note.
So that really increased my interest in this subject matter, because I really honestly – I don’t have any confidence that any of the documents the Court’s receiving on these mass foreclosures are valid.(p.7)…

“I guess what you’re telling me I’ve got the discretion to be – – continually be wrong.” (p.11)
Then, (on page 15) regarding the affidavit in support of summary judgment submitted by GMAC:
Attorney for GMAC: Paragraph Two of our Affidavit says that based upon their personal knowledge, they’re authorized to make certain statements therein.
The Court: You know what I’d really like to see?  I’d like to see in one of these cases where a defense lawyer cross-examines, takes a deposition of these people, and we can see whether they out to be charged with perjury for all of these affidavits.(p.16)
“I would love to see that because, I’m going to tell you the truth, I had a lawyer on the phone from Miami telling me that they’ve got somebody in their office who is authorized by reason of a power of attorney filed as a public record.  So that was supposed to be the support they have for their personal knowledge affidavits.”
The attorney for GMAC  was Steven Frasier from the Law Offices of David Stern.

[ipaper docId=29901870 access_key=key-2igblc29w7y5gelivtak height=600 width=600 /]

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



Posted in conspiracy, Law Offices Of David J. Stern P.A.Comments (4)


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