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Judge OK’s class-action status for homeowner lawsuit against Florida law firm

Judge OK’s class-action status for homeowner lawsuit against Florida law firm


By Christine Stapleton Palm Beach Post Staff Writer
Updated: 9:17 p.m. Wednesday, Dec. 29, 2010
Posted: 6:06 p.m. Wednesday, Dec. 29, 2010

As many as 2,000 homeowners suing the law firm of self-proclaimed foreclosure king David J. Stern over excessive attorney fees and costs won a major victory today when an appeals court blessed the group’s class-action status.

“We are very excited,” said Louis M. Silber, the West Palm Beach attorney who filed the case in January 2007 — the first class-action lawsuit filed against Stern and his Plantation-based law firm stemming from foreclosure fraud accusations.

In a four-page opinion, the 4th District Court of Appeal upheld the findings of Circuit Judge Thomas H. Barkdull,, who decided the complaints and circumstances of the homeowners were so similar that they would best be handled in a class-action lawsuit.

Members of the class are homeowners who received letters from Stern’s firm between Jan. 18, 2003 and Feb. 19 2009 offering to reinstate their loans with Wells Fargo by paying reinstatement charges.

Among the excessive reinstatement fees and costs described in the lawsuit:

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FL APPEALS 4th DCA “FINDS NO ABUSE, AFFIRMS TRIAL COURT DECISION IN CLASS CERTIFICATION”: DAVID J. STERN V. BANNER, WELLS FARGO

FL APPEALS 4th DCA “FINDS NO ABUSE, AFFIRMS TRIAL COURT DECISION IN CLASS CERTIFICATION”: DAVID J. STERN V. BANNER, WELLS FARGO


DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT

July Term 2010

LAW OFFICES OF DAVID J. STERN, P.A. and DAVID J. STERN,
individually,
Appellants,

v.

LOREN BANNER and WELLS FARGO BANK, N.A.,
Appellees.

CASE No. 4D09-3928

[ December 29, 2010 ]

Excerpt:

Using that standard, we find no abuse of discretion in the trial court’s decision to certify the class in this case and
affirm the certification order.

[ipaper docId=46037982 access_key=key-2jvtqr51dbwmtnu8smi7 height=600 width=600 /]

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



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