Florida | FORECLOSURE FRAUD

Tag Archive | "florida"

Bondi says court ruling puts foreclosure fraud investigations in jeopardy

Posted on 02 February 2012. Tags: 4dca, attorney general, bill mccollum, DENIED, florida, jeffrey tew, Judge Eileen O'Connor, june clarkson, law offices of david J. stern plantation florida 33324, motion, quash, Roman Pino, subpoenas, theresa edwards

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 Lisa Madigan files lawsuit against Nationwide Title Clearing (NTC) for filing faulty documents with Illinois county recorders

Posted on 02 February 2012. Tags: assignment of mortgage, florida, foreclosure fraud, lawsuit, Lisa Madigan, nationwide title clearing, NTC, palm harbor, PAM BONDI

More proof FL AG Pam Bondi is not doing her job!

MADIGAN FILES SUIT OVER FAULTY MORTGAGE ASSIGNMENTS FILED WITH COUNTY RECORDERS

Attorney General Alleges Faulty Practices in Foreclosing on
Homeowners in Crisis

Chicago — Attorney General Lisa Madigan today filed a lawsuit against Nationwide Title Clearing for filing faulty documents with Illinois county recorders. Nationwide Title Cleaning Inc. (NTC) is a Florida-based company that prepares documents for mortgage servicers to use against borrowers who are in default, foreclosure or bankruptcy.

“The practices that NTC used were a key contributor to the mortgage crisis by undermining the integrity and accuracy of the mortgage servicing and foreclosure process,” Attorney General Madigan said.

NTC provides a range of mortgage loan services to eight of the top 10 lenders and mortgage servicers in the country. NTC specializes in creating, processing and recording mortgage assignments, which are often used for a lender to foreclose on a borrower.

The lawsuit, filed in Cook County Circuit Court, alleges numerous violations of the Illinois Consumer Fraud and Deceptive Practices Act and the Uniform Deceptive Trade Practices Act. Madigan is asking the court to require NTC to review and correct all documents it unlawfully created and recorded in Illinois, and pay back all revenues, profits and gains achieved in whole or in part due to unlawful practices. The suit also asks the court to impose civil penalties against the company.

[illinoisattorneygeneral.gov]

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AN OPEN LETTER TO MICHIGAN AG BILL SCHUETTE FROM REG. Of DEEDS CURTIS HERTEL JR.

Posted on 31 January 2012. Tags: 50 state settlement, Abigail Field, attorney general, bank of america, Beau Biden, Bill Schuette, california, Catherine Cortez Masto, Covington & Burling, criminal, Curtis Hertel Jr., delaware, employees, Eric Holder, Eric Schneiderman, esign, fannie mae, fhfa, FHFA OIG, florida, foreclosure fraud, fraud digest, Freddie Mac, investigation, investors, Kamala D. Harris, kentucky, Lender Processing Services Inc., LPS, Lynn Szymoniak ESQ, mail fraud, Martha Coakley, massachusetts, mbs, MERS, MERSCORP, michigan, mortgage, mortgage backed securities, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., nationwide title clearing, Nevada, new york, obama administration, PAM BONDI, Pension Funds, Refinance, Representation, settlement, tom miller, Trusts, UETA, wire fraud

Via The American Independent -

AN OPEN LETTER TO BILL SCHUETTE

The Honorable Bill Schuette
Attorney General of Michigan

Mr. Schuette –

I have the utmost respect for you and your office, and I wish to commend your hard work
on the recent mortgage robo-signing crisis. The challenges we have faced in Michigan
concerning property fraud have been unlike anything we have ever seen before, and you
have been actively engaged in this fight with myself and the other Michigan Registers of
Deeds.

As you know, the deadline for Michigan to sign on to the 50-state mortgage fraud
settlement is February 3rd. I recognize that this is a difficult decision, and that there
are many factors to consider.

I am writing to ask that you stand firm, and refuse to add Michigan to any settlement
that would give criminal immunity to the defendants. Our ongoing investigations have
demonstrated that the major banks in this settlement, and their hired document mills,
were engaged in the practice of robo-signing. Hundreds of residents here in Ingham
County, and thousands of residents across the state, were illegally foreclosed upon
because of this practice.

These illegalities have stolen due process from our own citizens, and robbed them of
precious time that could have been used to recover and resume their mortgages, or obtain
a modification. A family who is facing a foreclosure is already vulnerable; this
practice insured that they could not possibly reclaim their home.

We have even received information in recent days that shows LPS, a document mill included
in the proposed settlement, specifically requested to have this criminal investigation
converted to a civil lawsuit. It seems clear that they are aware of their vulnerability
to these charges, and are attempting to save their company’s stock price by avoiding
responsibility.

All I am asking is that we treat the banks in the same way we would treat our own
citizens. If a person in Michigan were to commit fraud and forgery, and use these
practices to take someone’s property, that person would go to jail. I respectfully
request that we leave that same possibility open for the banks and corporations that have
committed those same crimes here in our state.

Sincerely,
Curtis Hertel
Ingham County Register of Deeds

Scribd

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LPS Uses Bogus Florida IG Report on Firing of Foreclosure Fraud Investigators in Motion to Dismiss Nevada Lawsuit

Posted on 31 January 2012. Tags: attorney general, Catherine Cortez Masto, Clark County, employees, florida, Gary Trafford, Gerri Shepard, Indictment, Lender Processing Services Inc., LPS, NATIONAL DEFAULT SERVICING, Nevada, PAM BONDI, robo signers

If this isn’t proof something isn’t smelling right at the Florida’s AG’s office, I don’t know what this is?

When you read David Dayens article, keep in mind where the assignments came from… LPS/DOCx!

FDL-

We’re at T-minus four days for sign-ons to the foreclosure fraud settlement, and we know that Florida’s Pam Bondi is on board, despite pushback from advocates in her state, ground zero for the foreclosure crisis. There’s an interesting nugget buried in this article, though.

Bondi spokeswoman Jennifer Meale said in an email that their concerns are “misguided” because the settlement would provide a historic level of monetary relief and will overhaul the mortgage industry.

“Rather than engaging in political grandstanding, Attorney General Bondi is working hard to reach an agreement that gets Floridians substantial relief now and holds banks accountable for their misconduct,” Meale wrote.

The settlement is expected to provide $1,800 each for about 750,000 families across the country. It is a response to such practices as “robo-signing” by bank employees who often knew little or nothing about the mortgage documents they were hired to sign.

Nevada, New York, Delaware, New Hampshire and Massachusetts contend the deal isn’t strong enough because it would protect banks from future civil liability.

It will not, though, fully release them from future state criminal lawsuits.

Put aside Bondi’s dissembling for a second …

[FIRE DOG LAKE]

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Fla. AG urged to get tough on foreclosure deal

Posted on 30 January 2012. Tags: 50 state settlement, Abigail Field, attorney general, bank of america, Beau Biden, california, Catherine Cortez Masto, Covington & Burling, criminal, delaware, employees, Eric Holder, Eric Schneiderman, esign, fannie mae, fhfa, FHFA OIG, florida, foreclosure fraud, fraud digest, Freddie Mac, investigation, investors, Kamala D. Harris, kentucky, Lender Processing Services Inc., LPS, Lynn Szymoniak ESQ, mail fraud, Martha Coakley, massachusetts, mbs, MERS, MERSCORP, mortgage, mortgage backed securities, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., nationwide title clearing, Nevada, new york, obama administration, PAM BONDI, Pension Funds, Refinance, Representation, settlement, tom miller, Trusts, UETA, wire fraud

Miami Herald-

Religious and community groups urged Attorney General Pam Bondi on Monday to take a tougher stance on a proposed settlement with the nation’s five largest mortgage lenders over deceptive foreclosure practices.

A pair of ministers and an evicted former homeowner delivered a letter after holding a news conference outside Bondi’s office at the Capitol.

They contend the proposed $25 billion national deal that Bondi supports doesn’t go far enough. They say that’s because the negative equity on homes in Florida alone is about $120 billion.

[MIAMI HERALD]

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EXCLUSIVE: Romney Profited From Mortgage Lenders Foreclosing On Thousands Of Floridians

Posted on 26 January 2012. Tags: florida, foreclosure fraud, funds, investments, Mitt Romney

They’re all connected to Wall Street and against us.

Go ahead and vote for this winner who was cashing in on you getting booted out your home!

ThinkProgress-

A ThinkProgress examination of Mitt Romney’s presidential personal financial disclosuresfrom May 2011 reveal that the former Massachusetts governor and his wife own or owned millions of dollars worth of a Goldman Sachs investment fund invested heavily in mortgage-backed obligations. And the current owners of those mortgage debts began foreclosure proceedings against thousands of Floridians.

Along with his investments in Bain Capital funds linked to offshore tax havens, the Romneys have large investments in the Goldman Sachs Strategic Income Fund (institutional class). The firm’s March 2011 annual report for the fund notes that about 8 percent of the fund is invested in banks and 24.5 percent is invested in mortgage-backed obligations. Romney’s form says he has invested between $1,000,001 and $5,000,000 in the fund and his wife Ann has invested an additional $1 million-plus. Since the 2008 economic meltdown and the enactment of the Troubled Asset Relief Fund, this fund has done quite well, growing 7.88 percent between April 2010 and March 2011.

[THINKPROGRESS]

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KIMMICK vs U.S. BANK | FL 4DCA Reverses SJ, Atty Fees “Acceleration Letter, Affirmative Defenses, Trial Modification, Waivers”

Posted on 23 January 2012. Tags: 4dca, 4th dca, affidavit, Affirmative Defenses and Counterclaims, bank of america, Barbara Kimmick, florida, REVERSED AND REMANDED, U.S. Bank

BARBARA KIMMICK a/k/a BARBARA WALDON KIMMICK, Appellant,

v.

U.S. BANK NATIONAL ASSOCIATION, as Trustee for the GSAA Home Equity Trust 2007-7 Asset Backed Certificates, Series 2007-7; UNKNOWN TENANT NO. 1; UNKNOWN TENANT NO. 2; and ALL UNKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH, UNDER OR AGAINST A NAMED DEFENDANT TO THIS ACTION, OR HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST IN THE PROPERTY HEREIN DESCRIBED, Appellees.

No. 4D10-4158.

District Court of Appeal of Florida, Fourth District. January 18, 2012.Robert P. Bissonnette of Robert P. Bissonette, P.A., Fort Lauderdale, for appellant.Roy A. Diaz and Diana B. Matson of Smith, Hiatt & Diaz, P.A., Fort Lauderdale, for appellee U.S. Bank National Association.HAZOURI, J.

Barbara Kimmick appeals from the granting of U.S. Bank’s amended motion for summary final judgment of foreclosure and attorneys’ fees, which was based upon the affidavit of indebtedness, the mortgage, and the promissory note. Kimmick asserts there were genuine issues of material fact precluding the granting of the summary judgment. We agree and reverse.

Kimmick filed an affidavit in opposition to the motion for summary judgment. She stated that she has resided at the subject property for twenty years and in February of 2009, she lost her job. She continued paying her mortgage from her savings through July of 2009. She then stated:

4. On or about August 6, 2009, I contacted my lender, Bank of America, and explained that I was experiencing financial hardship due to the loss of my job and that I had exhausted my personal savings thereafter in paying the subject note and mortgage from February 2009 to July 2009.

5. I requested assistance from Bank of America in paying my mortgage and, over the phone, Bank of America, by and through its representative, Bethany, calculated a new and reduced mortgage payment in the amount of $506.85 and that I was to start paying the new amount immediately.

6. Bank of America, by and through Bethany, further stated to me that after three (3) month’s payment of the $506.85, they would review my payment history and, if I had consistently met my payment obligations, that they would grant me a permanent mortgage modification at that amount.

7. In reliance on Bank of America’s representations above, I faithfully paid Bank of America the monthly sum of $506.85 for six (6) months from August 2009 through January 2010. A true copy of my Bank of American Payment Overview reflecting and evidencing the foregoing is attached hereto as Exhibit “A”.

8. Importantly, the Bank of America Payment Overview, on its face, clearly states that my six (6) months of reduced mortgage payments was for “mortgage remodification” [emphasis supplied].

9. Thereafter, on January 11, 2010, this foreclosure action was filed against me claiming that I defaulted in the subject mortgage of this action an failing to pay my mortgage payments due commencing September 1, 2009.

10. However, I could not possibly have been in default of the subject mortgage because, as evidenced an Exhibit “A” attached, Bank of America agreed to accept and was accepting monthly mortgage payments from me from August 2009 until January 2010 — when this foreclosure action was unilaterally filed. I have also paid for insurance and real estate taxes on the subject property.

11. Accordingly, Plaintiff is equitably stopped from maintaining this action not only an accepting monthly mortgage payments from me but also by bootstrapping and manufacturing the alleged basis for my mortgage default herein. Thus, Plaintiff has filed the instant action in bad faith without any investigation prior thereto.

Exhibit A is a printout from Kimmick’s online bank account showing the six payments to Bank of America Home Loans from her account.

U.S. Bank filed an affidavit of the assistant secretary of BAC Home Loans Servicing in which he states that the records show that the September 1, 2009, payment was not made. It further states:

7. There has been no payment after the date of October 16, 2009. The borrower has not qualified for a loan modification under the HAMP guidelines and the borrower is not paying on a loan modification currently.

At the summary judgment hearing, Kimmick’s counsel presented the facts from her affidavit to the court. He asserted equitable estoppel. He also argued that where an affirmative defense is pleaded, and the plaintiff does not negate it, the plaintiff is not entitled to summary judgment.

In response to Kimmick’s affidavit U.S. Bank referred the court to the pre-acceleration letter sent to the borrower in September and October which counsel stated they said: “The default will not be considered cured unless BAC Home Loan Servicing, LP receives good funds in the amount of $3,153.77 on or before November 18, 2009. BAC Home Loan Servicing, LP reserves the right to accept or reject a partial payment of the total amount due without waiving any of its rights herein or otherwise. For example, if less than the full amount that is due is sent to us, we can keep the payment and apply it to the debt but still proceed to the foreclosure since the default would not have been cured.” Kimmick’s counsel did not deny that Kimmick received the letter but that they had told her to pay a reduced amount and which the bank accepted. U.S. Bank acknowledged that it received five of six of Kimmick’s payments.

The trial court entered its Summary Final Judgment of Foreclosure which did not address any of Kimmick’s affirmative defenses.

“Summary judgment is proper if there is no genuine issue of material fact and if the moving party is entitled to a judgment as a matter of law.” Volusia Cnty. v. Aberdeen at Ormond Beach, L.P., 760 So. 2d 126, 130 (Fla. 2000). The “party moving for summary judgment must factually refute or disprove the affirmative defenses raised, or establish that the defenses are insufficient as a matter of law.” Leal v. Deutsche Bank Nat’l Trust Co., 21 So. 3d 907, 909 (Fla. 3d DCA 2009) (citing Kendall Coffey, Foreclosures in Florida 493 (2008) (citing Stop & Shoppe Mart, Inc. v. Mehdi, 854 So. 2d 784 (Fla. 5th DCA 2003); Manassas Inv., Inc. v. O’Hanrahan, 817 So. 2d 1080 (Fla 2d DCA 2002))). See also Knight Energy Servs., Inc. v. Amoco Oil Co., 660 So. 2d 786, 788 (Fla. 4th DCA 1995) (“Before a plaintiff is entitled to a summary judgment of foreclosure, the plaintiff must either factually refute the alleged affirmative defenses or establish that they are legally insufficient to defeat summary judgment.”).

Kimmick argues that U.S. Bank waived its right to foreclose based upon the representations made to her by the agent she spoke to at Bank of America. The affirmative defense was stated as follows:

24. For her Twelfth Affirmative Defense, KIMMICK states that Plaintiff has waived its rights to foreclosure by the actions of Plaintiff’s agent and loan servicer for the subject mortgage, to-wit: Bank of America, agreeing to and actually accepting reduced mortgage payments from KIMMICK for at least six consecutive months.

In Destin Savings Bank v. Summerhouse of FWB, Inc., 579 So. 2d 232 (Fla. 1st DCA 1991), the court set forth the following principles:

Waiver is defined as an intentional relinquishment or abandonment of a known right or privilege, or conduct that warrants an inference of the intentional relinquishment of a known right. In order to establish a valid waiver, the following elements must be satisfied: (1) the existence at the time of the waiver of a right, privilege, advantage, or benefit that may be waived; (2) the actual or constructive knowledge thereof; and (3) an intention to relinquish that right, privilege, advantage or benefit.

Id. at 235 (citations omitted). In Barnes v. Resolution Trust Corp., 664 So. 2d 1171 (Fla. 4th DCA 1996), this court held:

An acceleration clause in a mortgage confers upon the mortgagee a contract right of constitutional dimensions. Courts are obligated to protect the validity of such contracts and may impair the mortgagee’s right to foreclose only in limited situations. Specifically, courts will bar acceleration and foreclosure as follows:

Foreclosure on an accelerated basis may be denied when the right to accelerate has been waived or the mortgagee estopped to assert it, because of conduct of the mortgagee from which the mortgagor (or owner holding subject to a mortgage) reasonably could assume that the mortgagee, for or upon a certain default, would not elect to declare the full mortgage indebtedness to be due and payable or foreclose therefore; or where the mortgagee failed to perform some duty upon which the exercise of his right to accelerate was conditioned; or where the mortgagor tenders payment of defaulted items, after the default but before notice of the mortgagee’s election to accelerate has been given (by actual notice or by filing suit to foreclose for the full amount of the mortgage indebtedness) or where there was intent to make timely payment, and it was attempted, or steps taken to accomplish it, but nevertheless the payment was not made due to a misunderstanding or excusable neglect, coupled with some conduct of the mortgagee which in a measure contributed to the failure to pay when due or within the grace period.

Id. at 1172-73 (citations omitted) (emphasis supplied).

Kimmick also asserts that U.S. Bank waived acceleration when its agent told Kimmick that she could make the lower payments for several months, possibly get a modification, and then U.S. Bank would not proceed with an acceleration.

U.S. Bank asserts that this court can affirm the judgment with respect to the affirmative defense of waiver for a different reason. In both the note and the mortgage, there is the same provision which states:

Borrower not released; Forbearance an Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured an this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured an this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender’s acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy.

U.S. Bank argues that this “No Waiver” provision allows it to accept prior late or reduced payments without losing its right to enforce its rights and remedies. Kimmick, however, is asserting that U.S. Bank waived this provision by representing to her that she could make reduced payments, which were timely, and meet the requirements for a permanent mortgage modification.

Therefore, there remain genuine issues of material fact as to the issues raised by the affirmative defense of the loan modification. We reverse and remand for further proceedings consistent with this opinion.

Reversed and remanded.

MAY, C.J., and DAMOORGIAN, J., concur.

Not final until disposition of timely filed motion for rehearing.

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Vistas Homeowners Association pursues extreme option — foreclosure — against Korean War veteran

Posted on 22 January 2012. Tags: assessment, florida, homeowners association, orlando, Sherman McCray, Vista Homeowners Association, War Vet

It’s always about the money and these things must change.

Orlando Sentinel-

A measly $338.91.

That’s how much Sherman McCray owed his homeowner association when the board of directors foreclosed on his Clermont house.

Of course, the debt wasn’t just $338.91 by the time a Lake County judge on Jan. 3 ordered the 81-year-old Korean War veteran’s home sold.

Oh, no. Between 2010 when McCray failed to pay a homeowners assessment and that final hearing, the all-powerful homeowner association in the Vistas subdivision had levied late fees, costs and interest, and it had busied itself running up absurd lawyer bills by sending threatening letters at every turn.

[ORLANDO SENTINEL]

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Law Offices of David J. Stern PA vs Bank of America “Miami Court Denies BAC MTD, May Owe Stern Over $10 Million”

Posted on 19 January 2012. Tags: bank of america, breach of contract, contract, florida, foreclosure, law offices of david J. stern plantation florida 33324, lawsuit

UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF FLORIDA

Miami Division

THE LAW OFFICES OF DAVID J. STERN,
P.A .,
Plaintiff,

BANK OF AM ERICA CORP., BANK OF
AMERICA N.A., and BAC HOM E LOAN S
SERVICING, L.P.,
Defendants.

Scribd

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FORECLOSURE TIMES: How many days does it take to foreclose in Florida?

Posted on 16 January 2012. Tags: florida, foreclosure fraud, Foreclosure Times, fraud digest, Lynn Szymoniak ESQ

FORECLOSURE TIMES

BY LYNN E. SZYMONIAK, ESQ., ED., FRAUD DIGEST
JANUARY 15, 2012

How many days does it take to foreclose in Florida? The average number of days for a foreclosure action to be completed is often reported, and usually accompanied by a criticism that the process is too unwieldy. The long foreclosure process has often been blamed for the nation’s slow economic recovery. The discussion often moves quickly from “How long does it take?” to “How long should it take?”

While bank lawyers often argue that the foreclosure system should be changed so that foreclosures can move quickly through the courts, foreclosure defense advocates often point to due process horror stories like the recent story of Chief Circuit Judge Alan Dickey in Seminole County, Florida, who scheduled 300 foreclosure cases for three days, saying, “If everybody shows up, I’ll have about 30 seconds a case.”

Realty Trac provides the statistics in most stories. Realty Trac reported in January, 2012, that in Florida it took an average of 806 days to complete a foreclosure, the third longest time in the nation.

New York reportedly took the longest to foreclose – 1,019 days and New Jersey was second at 964 days.

An examination of actual foreclosure cases in Palm Beach County does not support the Realty Trac findings. In this study, all of the cases filed by a major forecloser, Deutsche Bank National Trust Company (“DBNTC”), in December, 2009, were examined. DBNTC filed 170 new cases in December 2009.

Of the 170 cases, 76 cases (43.5%) remained open as of January 15, 2012.

54 of the cases were closed with entry of a final judgment of foreclosure.

40 of the cases were voluntarily dismissed by DBNTC. In many cases, a voluntary dismissal indicates the parties have reached a settlement. In foreclosures, it is also common for a bank to dismiss when the file is being transferred to another firm, a very common occurrence.

Of the cases with voluntary dismissals, the average time from filing to dismissal was 342 days.

Of the cases closed with a final judgment of foreclosure, the average number of days from the initial filing to the closing of the case was 345 days. A few cases continue long after the entry of a final judgment of foreclosure, because of post-judgment motions to re-open or set aside the final judgment. In such cases, the actual sales date was used as the end date.

Of the 94 resolved cases, 58 (62%) were resolved in less than one year.

In many of the open cases, there had been very little effort by the banks to move the case to a final resolution. It was not unusual to find open cases where there had been no docketed activity for over six months, and there were numerous cases where there had been no docketed activity for over one year.

When a foreclosure is completed, and the home sold, it is often sold for less than half of the amount of the original loan.

The median sales price for existing homes in Palm Beach County fell from $406,800 in June, 2005 to $183,700 in November, 2011. A trustee may actually benefit, in the short term, from prolonging the foreclosure process because the final realized loss does not have to be reported to investors until the sale, thus allowing the trustee to delay the inevitable bad news to the investors. The servicer certainly benefits as the average servicer fees for servicing a loan in foreclosure are often three to five times the fees for servicing a performing loan.

There were a few hard-fought cases, with discovery disputes appearing regularly on the docket. In such cases, these disputes often involved delays by the banks in responding to discovery requests by the homeowner/defendants, particularly where the banks were asked to produce trust-related documents such as the Pooling and Servicing

Agreement from the trust or original loan documents. Many of the cases involved Affidavits of Lost Notes and Lost Mortgages. The delays were caused by the plaintiff/bank.

This study will be expanded to include an entire calendar quarter and the other major foreclosers, Bank of America and Chase. It will include data from Hillsborough and St. Johns counties.

Here are the details of the action on the 170 DBNTC foreclosure cases filed in Palm Beach County in December, 2009:

1. Arundel, Jeanette
Filing Date: 12-1-2009
Bank’s Motion for Summary Judgment: 2-3-2010
Final Judgment of Foreclosure: 6-23-2010
204 DAYS

2. Booth, Jay C., Jr.
Filing Date: 12-1-2009
PENDING
Bank’s Motion to Dismiss on 1-5-2012

3. Dickens, Matthew W.
Filing Date: 12-1-2009
Bank’s Notice of Voluntary Dismissal: 5-11-2010
161 DAYS

4. Garza, Abel
Filing Date: 12-1-2009
Bank’s Motion for Summary Judgment: 1-28-2010
PENDING
Last Activity: 4-12-2011

5. Girtman, Esperanza
Filing Date: 12-1-2009
Bank’s Motion for Summary Judgment: 1-26-2010
Final Judgment of Foreclosure: 5-12-2010
162 DAYS

6. Hendricks, Leon
Filing Date: 12-1-2009
Bank’s Motion for Summary Judgment: 7-15-2010
PENDING
Last Activity: 12-8-2011

7. Jecrois, Jean Michelet
Filing Date: 12-1-2009
PENDING
Last Activity: 3-21-2010

8. Louidort, Elza
Filing Date: 12-1-2009
Bank’s Motion for Summary Judgment: 1-25-2010
Bank’s Notice of Voluntary Dismissal: 5-11-2010
161 DAYS

9. Powell, Clifford
Filing Date: 12-1-2009
PENDING
Last Activity: 12-15-2009

10. Prince, Eddie
Filing Date: 12-1-2009
Final Judgment of Foreclosure: 8-3-2010
245 DAYS

11. Sanchez, Ivan
Filing Date: 12-1-2009
Bank’s Motion to Dismiss: 6-21-2010
PENDING
Last Activity: 6-21-2010

12. Snow, Frederic Gary
Filing Date: 12-1-2009
PENDING
Last Activity: 1-11-2012

13. Torres, Sarah
Filing Date: 12-1-2009
PENDING
Last Activity: 1-25-11

14. Tresness, Melissa
Filing Date: 12-1-2009
PENDING
Last Activity: 12-28-2009

15. Harrison, Letitia Monique
Filing Date: 12-2-2009
Bank’s Motion for Summary Judgment: 3-22-2010
Final Judgment of Foreclosure: 6-14-2010
194 DAYS

16. Hernandez, Angel
Filing Date: 12-2-2009
Bank’s Notice of Voluntary Dismissal: 9-30-2010
302 DAYS

17. Joseph, Ana
Filing Date: 12-2-2009
Bank’s Motion for Summary Judgment: 3-16-2010
Final Judgment of Foreclosure: 10-18-2010
Post-judgment pleadings; sold 5-4-2011
518 DAYS

18. Pell, Amy
Filing Date: 12-2-2009
Bank’s Voluntary Dismissal: 4-27-2011
511 DAYS

19. Sandoval, Carlos
Filing Date: 12-2-2009
PENDING
Last Activity: 3-31-2010

20. Wong, Suok Ing
Filing Date: 12-2-2009
Bank’s Motion for Summary Judgment: 9-17-2010
PENDING
Last Activity: 1-4-2012

21. Badgley, Kenny
Filing Date: 12-3-3009
Final Judgment of Foreclosure: 6-14-2010
Post-judgment pleadings; sold 3-4-2011
457 DAYS

22. Coicou, Joseph
Filing Date: 12-3-2009
Bank’s Motion for Summary Judgment: 2-12-2010
PENDING
Last Activity: 10-14-2011

23. Dieter, Eric A.
Filing Date: 12-3-2009
Bank’s Motion for Summary Judgment: 11-5-2010
Dismissed: 12-15-2010
377 DAYS

24. Figueroa, Dora D.
Filing Date: 12-3-2009
PENDING
Last Activity: 10-24-2011

25. Flores, Jaime
Filing Date: 12-3-3009
Final Judgment: 7-20-2010
Post judgment Pleadings, Sold: 3-11-2011
463 DAYS

26. Pelaez, Aldo
Filing Date: 12-3-2009
Bank’s Motion for Summary Judgment: 1-19-2010
PENDING
Last Activity: 10-31-2011

27. Pompey, Sharon
Filing Date: 12-3-3009
Final Judgment of Foreclosure: 5-10-2010
Post-judgment pleadings; sold on 10-21-2010
322 DAYS

28. Bedasee, Lenford
Filing Date: 12-4-2009
Bank’s Motion for Summary Judgment: 5-20-2010
Final Judgment of Foreclosure: 7-1-2010
Post-judgment Motions; Sold to Bank on 4-15-2011
497 DAYS

29. Blake, Everal D.
Filing Date: 12-4-2009
Bank’s Motion for Summary Judgment: 3-22-2010
PENDING
Last Bank Activity: 2-4-2011

30. Brown, Paul Hugh
Filing Date: 12-4-2009
Bank’s Motion for Summary Judgment: 3-22-2010
Final Judgment of Foreclosure: 9-28-2010
298 DAYS

31. Narcisse, Anel
Filing Date: 12-4-2009
Bank’s Motion for Summary Judgment: 2-23-2010
Final Judgment of Foreclosure: 7-8-2010
218 DAYS

32. Wachocki, Phillip
Filing Date: 12-4-2009
Bank’s Motion for Summary Judgment: 6-21-2010
PENDING
Last Activity: 11-14-2011

33. Weiss, Stephen
Filing Date: 12-4-2009
Bank’s Motion for Summary Judgment: 2-16-2010
Final Judgment of Foreclosure: 9-14-2010
Bankruptcy and Post-Judgment Motions
Sold to Bank/Plaintiff: 9-9-2011
644 DAYS

34. Astorga, Silvia
Filing Date: 12-7-2009
Bank’s Notice of Voluntary Dismissal: 3-4-2010
87 DAYS

35. Santiago, Lily
Filing Date: 12-7-2009
PENDING
Last Activity: 8-8-2011 Referral to Mediation

36. Herisse, Innocent
Filing Date: 12-7-2009
Bank’s Motion for Summary Judgment: 6-2-2010
Final Judgment of Foreclosure: 7-16-2010
Post-judgment motions; sold to bank/plaintiff on 6-30-2011
570 DAYS

37. Johnson, Johnny
Filing Date: 12-7-2009
Bank’s Voluntary Dismissal: 11-16-2011
709 DAYS

38. Jules, Wasler
Filing Date: 12-7-2009
Bank’s Motion for Summary Judgment: 2-18-2010
Bank’s Voluntary Dismissal: 10-1-2010
298 DAYS

39. Martin, Rigoberto
Filing Date: 12-7-2009
Bank’s Motion for Summary Judgment: 7-29-2010
PENDING
Last Activity: 6-13-2011 (Bank’s Motion to Substitute Counsel)

40. Auguste, Enique
Filing Date: 12-8-2009
Bank’s Motion for Summary Judgment: 2-25-2010
Voluntary Dismissal: 11-8-2011
700 DAYS

41. Cook, William
Filing Date: 12-8-2009
Bank’s Motion for Summary Judgment: 3-12-2010
Final judgment of foreclosure: 6-18-2010
Bankruptcy and post-judgment motions
PENDING
Last Activity: 12-27-2011

42. Delva, Wislande
Filing Date: 12-8-2009
Bank’s Motion for Summary Judgment: 2-9-2010
Final judgment of foreclosure: 6-17-2010
191 DAYS

43. George, Beryl
Filing Date: 12-8-2009
PENDING
Last Activity: 8-11-2010

44. Gonzalez, Juan
Filing Date: 12-8-2009
Bank’s Motion for Summary Judgment: 8-12-2010
PENDING
Last Activity: 7-7-11

45. Levinger, Jane
Filing Date: 12-8-2009
Bank’s Motion for Summary Judgment: 1-7-2010
PENDING
Last Activity: 1-6-2012

46. McCarty, Shirlon Dioni
Filing Date: 12-8-2009
Bank’s Motion for Summary Judgment: 4-20-2010
PENDING
Last Activity: 8-22-2011 (substitution of counsel for bank)

47. Petrone, Anthony
Filing Date: 12-8-2009
Bank’s Motion for Summary Judgment: 7-26-2010
Final Judgment of Foreclosure: 9-27-2011
301 DAYS

48. Saqib, Sobia M.
Filing Date: 12-8-2009
Bank’s Motion for Summary Judgment: 2-4-2010
PENDING
Last Activity: 1-5-2012

49. Spee, Eric
Filing Date: 12-8-2009
Bank’s Motion for Summary Judgment: 12-31-2009
Voluntary Dismissal: 11-19-2010
346 DAYS

50. Dennis, Marilyn
Filing Date: 12-9-2009
Bank’s Motion for Summary Judgment: 6-3-2011
PENDING
Last Activity: 10-19-2011

51. Jules, Gina
Filing Date: 12-9-2009
Bank’s Motion for Final Judgment: 1-28-2010
Final Judgment of Foreclosure: 9-14-2010
Bank’s Motion to Vacate Final Judg. and Vol. Dismissal: 3-7-2011
453 DAYS

52. Lay, Lonnie
Filing Date: 12-9-2009
Voluntary dismissal by bank: 12-7-2010
363 DAYS

53. Winkelman, Janet
Filing Date: 12-9-2009
Bank’s Voluntary Dismissal: 3-4-2010
85 DAYS

54. Yepes, Cesar
Filing Date: 12-9-2009
Bank’s Motion for Summary Judgment: 2-5-2010
Final Judgment of Foreclosure: 8-9-2010
Post-judgment Motions
Final Judgment of Foreclosure (#2): 3-31-2011
477 DAYS

55. Basant, Garfield
Filing Date: 12-10-2009
Bank’s Motion for Summary Judgment: 6-11-2010
Final Judgment of Foreclosure: 11-8-2010
Bankruptcy and Post-Judgment Motions; Sold to Bank on 4-15-2011
491 DAYS

56. Brewster, Eileen
Filing Date: 12-10-2009
Bank’s Motion for Summary Judgment: 2-4-2010
Final Judgment of Foreclosure: 7-16-2010
218 DAYS

57. Derilus, Jean
Filing Date: 12-10-2009
PENDING
Last Activity: 4-25-2011

58. Dik, Carolyn Adams
Filing Date: 12-10-2009
Final Judgment of Foreclosure: 8-23-2010
Bank’s Motion to Vacate Judgment and Dismiss: 10-24-2011
683 DAYS

59. Drake, Darla
Filing Date: 12-10-2009
Bank’s Motion for Summary Final Judgment: 7-22-2010
Final Judgment of Foreclosure: 8-24-2010
257 DAYS

60. Faustin, Max
Filing Date: 12-10-2009
Bank’s Motion for Summery Judgment: 10-4-2010
PENDING
Last Activity: 8-3-11 Bank’s Motion to File an Amended Complaint

61. Goffe, Christina
Filing Date: 12-10-2009
Bank’s Motion for Summary Judgment: 4-20-2010
Final Judgment of Foreclosure: 5-27-10
168 DAYS

62. Hartl, William
Filing Date: 12-10-2009
Bank’s Notice of Voluntary Dismissal: 5-18-2011
524 DAYS

63. Kaplan, Jill
Filing Date: 12-10-2009
Bank’s Notice of Voluntary Dismissal: 3-5-2010
85 DAYS

64. Rorabaugh, Patricia
Filing Date: 12-10-2009
Bank’s Motion for Summary Judgment: 4-14-2010
Final Judgment of Foreclosure: 7-16-2010
PENDING
Last Activity: 1-4-2012 (Granting Bank’s Motion to Sub. Counsel for
Stern)

65. Rose, Warren
Filing Date: 12-10-2009
Bank’s Motion for Summary Judgment: 3-10-2010
Final Judgment of Foreclosure: 5-12-2010
153 DAYS

66. Tartarkin, Barry
Filing Date: 12-10-2009
PENDING
Last Activity: 2-9-2010

67. Vasquez, Sergio
Filing Date: 12-10-2009
Bank’s Motion for Summary Judgment: 8-31-2011
PENDING
Last Activity: 8-31-2011

68. Williams, Roney
Filing Date: 12-10-2009
Bank’s Motion for Summary Judgment: 2-10-2010
Final Judgment of Foreclosure: 6-21-2010
193 DAYS

69. Angel, Alejandro
Filing Date: 12-11-2009
PENDING
Last Activity: 1-10-2012

70. Baptiste, Kenol Jean
Filing Date: 12-11-2009
Bank’s Motion for Summary Judgment: 3-22-2010
Final Judgment of Foreclosure: 6-14-2010
185 DAYS

71. Duff, Jack
Filing Date: 12-11-2009
Bank’s Motion for Summary Judgment: 2-9-2010
Bank’s Motion for Voluntary dismissal: 4-1-2011
477 DAYS

72. Isaac, Emmanuel R.
Filing Date: 12-11-2009
PENDING
Last Activity: 8-26-2010

73. Manjaro, Errol*
Filing Date: 12-11-2009
PENDING
Last Activity: 11-21-2011
74. New Century Mortgage
Filing Date: 12-11-2009
Final Order of Foreclosure: 4-21-2010
131 DAYS

75. Schapiro, Sarita
Filing Date: 12-11-2009
Bank’s Motion for Summary Judgment: 4-14-2011
PENDING
Last Activity: 7-19-2011
76. Thelemaque, Onondieu
Filing Date: 12-11-2009
Bank’s Motion for Final Judgment: 1-28-2010
Renewed: 12-5-2011
PENDING
Last Activity: 12-9-2011

77. Vogal, Lee Scott
Filing Date: 12-11-2009
Bank’s Motion for Summary Judgment: 6-3-2010
Final Judgment of Foreclosure: 7-19-2010
220 DAYS

78. Walden, Tangela
Filing Date: 12-11-2009
Bank’s Motion for Summary Judgment: 2-16-2010
Bank’s Voluntary Dismissal: 4-1-2011
477 DAYS

79. Wilson, Charles J.
Filing Date: 12-11-2009
Final Judgment of Foreclosure: 5-9-2011
514 DAYS
14

80. Zeien, Jason
Filing Date: 12-11-2009
Bank’s Voluntary Dismissal: 12-27-2011
746 DAYS

81. Caballero, Hilda
Filing Date: 12-14-2009
Bank’s Motion for Summary Judgment: 3-1-2010
Final Judgment of Foreclosure: 6-18-2010
Post-judgment Motions; sold to plaintiff 9-7-2011
514 DAYS

82. Deponte, Eugenia C.
Filing Date: 12-14-2009
Bank’s Motion for Summary Judgment: 2-3-2010
Final Judgment of Foreclosure: 7-6-2010
182 DAYS

83. Francois, Raphael
Filing Date: 12-14-2009
PENDING
Last Activity: 6-10-2011 (bank’s motion to sub. counsel)

84. Gernstadt, Hal
Filing Date: 12-14-2009
Bank’s Notice of Voluntary Dismissal: 6-9-2010
177 DAYS

85. Kese, Claudette Witter
Filing Date: 12-14-2009
Bank’s Notice of Voluntary Dismissal: 7-30-2010
228 DAYS

86. Licata, Angelo
Filing Date: 12-14-2009
Final Judgment of Foreclosure: 8-2-2010
231 DAYS

87. Moody, Gary
Filing Date: 12-14-2009
Final judgment of foreclosure: 9-28-2010
298 DAYS

88. Pangilinan, Sonny
Filing Date: 12-14-2009
Bank’s Voluntary Dismissal: 11-2-2011
688 DAYS

89. Sanderford, Charlene
Filing Date: 12-14-2009
PENDING
Last Activity: 11-10-2011 (order allowing bank to sub. counsel)

90. Webster, Dena
Filing Date: 12-14-2009
Bank’s Motion for Summary Judgment: 4-19-2010
Final Judgment of Foreclosure: 5-27-2010
164 DAYS

91. Witt, Gerhardt
Filing Date: 12-14-2009
Bank’s Notice of Voluntary Dismissal: 6-9-2010
177 DAYS

92. Avila, Randy
Filing Date: 12-15-2009
Bank’s Notice of Voluntary Dismissal: 4-9-2010
115 DAYS

93. Burton, David
Filing Date: 12-15-2009
Final Judgment of Foreclosure: 8-30-2011
623 DAYS

94. Capp, William, Jr.
Filing Date: 12-15-2009
Bank’s Motion for Summary Judgment: 3-22-2010
Final Judgment of Foreclosure: 9-1-2010
260 DAYS

95. Perez, Haydee
Filing Date: 12-15-2009
PENDING
Last Activity: 11-14-2011 (Bank’s Subst. Counsel)

96. Pinnock, Brian
Filing Date: 12-15-2009
Final judgment of foreclosure: 11-15-2011
700 DAYS

97. Purcell, Joyce
Filing Date: 12-15-2009
Vol. Dismissal by Bank: 7-7-2011
569 DAYS

98. Roblero, Rolfi E.
Filing Date: 12-15-2009
PENDING
Last Activity: 10-26-2011

99. Schweizer, Edward
Filing Date: 12-15-2009
PENDING
Last Activity: 6-2-2011 (sub. of counsel)

100. Sonntag, Charles
Filing Date: 12-15-2009
Vacate final judgment; voluntary dismissal: 8-30-2011
622 DAYS

101. Summa, Caryn
Filing Date: 12-15-2009
PENDING
Last Activity: 1-10-2012

102. Tooch, Charles A. Jr.
Filing Date: 12-15-2009
Final judgment of foreclosure: 6-14-2010
181 DAYS

103. Collins, James
Filing Date: 12-16-09
Bank’s Motion for Summary Judgment Filed: 8-2-2010
Dismissed by Bank 5-4-2011
504 DAYS

104. Elias, Alejandro
Filing Date: 12-16-2009
Bank’s Voluntary Dismissal: 10-8-2010
296 DAYS

105. English, Darla
Filing Date: 12-16-2009
Dismissed by Bank: 7-14-2010
210 DAYS

106. Gama, Jose Omar
Filing Date: 12-16-2009
PENDING
Last Activity: Mediation Report 11-16-2010

107. James, Yvonne
Filing Date: 12-16-2009
Bank’s Motion for Summary Judgment Filed: 8-10-2010
Final Judgment of Foreclosure Entered: 8-10-2010
237 DAYS

108. Jeantinoble, Odmar
Filing Date: 12-16-2009
Defendant’s MTD Filed: 1-21-2010
PENDING

109. Lehman, Elizabeth
Filing Date: 12-16-2009
PENDING
Last Activity: 1-3-2012

110. Maxwell, Bertha P.
Filing Date: 12-16-2009
PENDING
Last Activity: 7-22-2010

111. Muras, Wayne
Filing Date: 12-16-2009
Final Judgment of Foreclosure: 6-14-2010
180 DAYS

112. Shapiro, Andrea
Filing Date: 12-16-2009
Bank’s Motion for Default Filed: 5-24-2010
PENDING
Last Activity: 5-24-2010

113. Shook, Kraig
Filing Date: 12-16-2009
PENDING
Last Activity: 8-4-2011

114. Troncone, Monique
Filing Date: 12-16-2009
Bank’s Motion for Summary Judgment Filed: 3-2-2010
Final Judgment of Foreclosure Entered: 5-12-2010
147 DAYS

115. Lormejuste, Clare Rose
Filing Date: 12-17-2009
Vol. Dismissal by Bank: 6-28-2010
193 DAYS

116. Meant, Jean Baptiste
Filing Date: 12-17-2009
Bank’s Motion for Summary Judgment Filed: 5-6-2010
Final Judgment of Foreclosure Entered: 6-21-2010
185 DAYS

117. Rubner, Vaclave
Filing Date: 12-17-2009
Bank’s Motion for Summary Judgment Filed: 3-22-2010
Final Judgment of Foreclosure Entered: 6-14-2010
179 DAYS

118. Travis, Farah
Filing Date: 12-17-2009
Bank’s Motion for Summary Judgment Filed: 1-4-2010
Voluntary Dismissal By Bank: 11-19-2010
337 DAYS

119. Zaremba, Jameelia
Filing Date: 12-17-2009
Bank’s Motion for Summary Judgment Filed: 3-26-2010
Final Judgment of Foreclosure Entered: 7-8-2010
Numerous Post Judgment matters; Sold to Bank: 12-30-2011
($31,100)
743 DAYS

120. Boden, Pio Izabel
Filing Date: 12-18-2009
Voluntary Dismissal By Bank: 4-15-2010
118 DAYS

121. Cullen, Lyn
Filing Date: 12-18-2009
Bank’s Motion for Summary Judgment Filed: 3-16-2010
PENDING
Last Activity: 3-16-2010

122. Guerrier, Jean
Filing Date: 12-18-2009
Bank’s Motion for Summary Judgment Filed: 2-22-2010
Voluntary dismissal by Bank: 2-19-2011
428 DAYS

123. Jestine, Saint Jamais
Filing Date: 12-18-2009
Vol. Dismissal by Bank: 2-16-2010
60 DAYS

124. Kearney, Virginia
Filing Date: 12-18-2009
Bank’s Motion for Summary Judgment Filed: 9-29-2010
PENDING
Last Activity: 9-29-2010

125. Pierre, Carmel
Filing Date: 12-18-2009
PENDING
Last Activity: 5-25-1

126. Reeves, Ilene
Filing Date: 12-18-2009
Bank’s Motion for Summary Judgment Filed: 9-10-2010
PENDING

127. Santiago, Ana E.
Filing Date: 12-18-2009
Bank’s Motion for Summary Judgment Filed: 1-4-11
Bank’s Notice of Voluntary Dismissal Filed: 4-13-2011
480 DAYS

128. Wilson, David
Filing Date: 12-18-2009
PENDING
Last Activity: 12-22-2011

129. Cash, Cleona
Filing Date: 12-21-2009
Bank’s Motion for Summary Judgment Filed: 10-26-2010
PENDING
Last activity: 10-8-2010

130. Duran, Juan
Filing Date: 12-21-2009
Bank’s Motion for Summary Judgment Filed: 2-5-10
PENDING
Last activity: 12-29-2010

131. Esposito, Sally
Filing Date: 12-21-2009
PENDING
Last activity: 11-1-2010

132. Garcia, Jorge
Filing Date: 12-21-2009
Bank’s Motion for Summary Judgment Filed: 7-16-2010
Final Judgment of Foreclosure Entered: 8-10-2010
232 DAYS

133. Jean-Pierre, Elvince
Filing Date: 12-21-2009
Bank’s Motion for Summary Judgment Filed: 4-13-2010
PENDING
Last Activity: 4-27-2011

134. Stenback, Gordon
Filing Date: 12-21-2009
Bank’s Motion for Summary Judgment Filed: 7-2-2010
Numerous post-judgment pleadings
Sold to bank for $16,600 on 3-14-2011
448 DAYS

135. Paloni, Chrissa
Filing Date: 12-22-2009
PENDING
Last Activity: 7-14-2011

136. Serrano, Joseph
Filing Date: 12-22-2009
Final Judgment of Foreclosure Entered: 6-16-2011
Numerous post-judgment pleadings
Sold to plaintiff for $190,200 on 8-1-2011
587 DAYS

137. Spence, Ida
Filing Date: 12-22-2009
Bank’s Motion for Summary Judgment Filed: 7-13-2010
PENDING
Last Activity: 11-22-2010

138. Arvisais, Arlettie
Filing Date: 12-23-2009
Bank’s Motion for Summary Judgment Filed: 9-10-2010
Final Judgment of Foreclosure Entered: 12-20-2011 ($149,435)
Sale date 2/13 (5200 Edgecliff Avenue)
362 DAYS

139. Cisterna, Paul
Filing Date: 12-23-2009
Bank’s Notice of Voluntary Dismissal: 2-19-2010
58 DAYS

140. Elliott, Paul
Filing Date: 12-23-2009
Bank’s Motion for Summary Judgment Filed: 3-16-2011
PENDING
Last Activity: 5-31-2011

141. Jackson, Rickey
Filing Date: 12-23-2009
Final Judgment of Foreclosure: 9-8-2010
259 DAYS

142. Lloyd, Stephen
Filing Date: 12-23-2009
Bank’s Motion for Summary Judgment Filed: 2-23-2010
Final Judgment of Foreclosure Entered: 7-15-2010 ($829,749.31)
204 DAYS

143. Williams, Kenneth
Filing Date: 12-23-2009
PENDING
Last Activity: 12-22-2011

144. Barrett, James
Filing Date: 12-28-2009
Final Judgment of Foreclosure: 8-23-2011
238 DAYS

145. Benjamin, Aaron
Filing Date: 12-28-2009
Bank’s Voluntary Dismissal Filed: 4-23-2010
116 DAYS

146. Brink, Daniela
Filing Date: 12-28-2009
PENDING
Last Activity: 4-5-2010

147. Flatley, Rachel
Filing Date: 12-28-2009
PENDING
Last Activity: 7-30-3010

148. Herisca, Marie
Filing Date: 12-28-2009
PENDING
Last Activity: 1-9-2012

149. Jacobson, Donald
Filing Date: 12-28-2009
PENDING
Last Activity: 11-28-2011

150. Puhl, Douglas
Filing Date: 12-28-2009
Bank’s Motion for Summary Judgment Filed: 2-24-2010
PENDING
Last Activity: 4-19-2011

151. Zamir, Elisha
Filing Date: 12-28-2009
PENDING
Last Activity: 8-24-2011

152. Albury, Beverly
Filing Date: 12-29-2009
Vol. Dismissal: 3-1-2011
427 DAYS

153. Berlinger, Gary
Filing Date: 12-29-2009
Vol. Dismissal: 12-14-2010
350 DAYS

154. Darling, Melvina R.
Filing Date: 12-29-2009
PENDING
Last Activity: 11-21-2011

155. Ellis, Thomas
Filing Date: 12-29-2009
PENDING
Last Activity: Order for Bank to Sub. Counsel: 6-10-2011

156. O’Callaghan, Susanna
Filing Date: 12-29-2011
Bank’s Motion for Summary Judgment Filed: 3-23-2010
Final Judgment of Foreclosure Entered: 6-14-2010 ($281,906)
167 DAYS

157. Peters, Julian
Filing Date: 12-29-2009
Bank’s Notice of Vol. Dismissal: 7-28-2010
211 DAYS

158. Ulyssee, Kerole
Filing Date: 12-29-2009
PENDING
Last Activity: 1-12-2010

159. Cheshire, Denise
Filing Date: 12-30-2009
PENDING
Last Activity: 2-4-2011

160. Confessore, Joseph
Filing Date: 12-30-2009
PENDING
Last Activity: 8-10-2011

161. Etienne, Sandra
Filing Date: 12-30-2009
Vol. Dismissal by Bank: 9-15-2010
259 DAYS

162. Florez, Andres
Filing Date: 12-30-2009
Final Judgment of Foreclosure: 8-9-2010
Post-judgment motions; sold to bank 7-8-2011
555 DAYS

163. O’Donnell, Michael
Filing Date: 12-30-2009
Final judgment of foreclosure: 6-9-2011
Post-judgment motions; sold on 12-6-2011
706 DAYS

164. Reyes, Domingo
Filing Date: 12-30-2009
PENDING
Last Activity: 12-30-2011

165. Castillo, Biviana
Filing Date: 12-31-2009
PENDING
Last Activity: 4-15-2010

166. Cruz, Lorenzo
Filing Date: 12-31-2009
Bank’s Motion for Summary Judgment: 1-10-12
PENDING
Last Activity: 1-10-2012

167. Drolet, Peter A.
Filing Date: 12-31-2009
PENDING
Last Activity: 12-12-2011

168. Miranda, Rigoberta
Filing Date: 12-31-2009
PENDING
Last Activity: 7-21-2011 (Bank’s sub. Of counsel)

169. O’Neill, Francis T.
Filing Date: 12-31-2009
Final Judgment of Foreclosure: 8-30-2010
607 DAYS

170. Schwartz, Michael
Filing Date: 12-31-2009
Final Judgment of Foreclosure: 11-22-2011
691 DAYS

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RePost- MUST READ RELEASE: From Andrew Bennett Spark, Assistant Attorney General, Tampa Economic Crimes

Posted on 10 January 2012. Tags: Andrew Bennett Spark, Assistant, attorney general, corruption, florida, foreclosure fraud, Gissen & Zawyer Process Service Inc., GZ PROCESSING COMPANY, investigation, Joe Jacquot, june clarkson, Lender Processing Services Inc., LPS, Marshall C. Watson law firm in Fort Lauderdale, Mary Leontakianakos, PAM BONDI, process servers, ProVest, Richard Lawson, settlement, theresa edwards, Victoria Butler

RELEASE:

From Andrew Bennett Spark, Assistant Attorney General, Tampa Economic Crimes

August 8, 2011
Cell: 941.321.5927

I. Introduction
By way of introduction, I have served as an Assistant Attorney General in the Economic Crimes Division of the Florida Attorney General’s Office since March of 2004, first in Orlando, and the last 6 ½ years in Tampa. I have been reading articles concerning the controversies swirling around the Attorney General’s Office with respect to the forcedresignations of June Clarkson and Theresa Edwards (from whom I took over day-to-day handling of the ProVest investigation), and the employment of Joe Jacquot with Lender Processing Services, one of the companies at the heart of the foreclosure robo-signing issues. While I have a significantly different philosophy concerning these cases than Clarkson, Edwards, and most other homeowner advocates, the people of the State of Florida are entitled to fair and honest government, independent of personal connections and powerful interests, and I have decided to speak out.

As an important caveat, please note that the below contains various factual statements, and asks questions. If I ask a question, it is because I truly do not know the answer, not because I am implying any particular answer to the question.

II. Former Director of Economic Crimes Mary Leontakianakos now works for foreclosure law firm Marshall Watson
Joe Jacquot is not the only high-ranking recent member of the Attorney General’s Office to now be working with a company which has been the subject of one of our foreclosure investigations. Mary Leontakianakos, who was Director of Economic Crimes until approximately January 3 of this year has, according to The Florida Bar, taken a job at foreclosure firm Marshall Watson.
http://www.floridabar.org/names.nsf/0/C1D818F4CF8FA1EE85256A8400081E2D?Open

Document Leontakianakos was centrally involved in the foreclosure investigations while leading our Division, including the investigation of Marshall Watson:
http://www.abc-7.com/Global/story.asp?S=12968488

It appears that Watson and/or Leontakianakos have been secreting her employment from the public. By using a personal email address as her contact email address rather than the Marshall Watson email address suffix MarshallWatson.com, Leontakianakos has been able to avoid search functions which would reveal her affiliation. It is through the use of email suffixes that one may search the Florida Bar’s database for former employees of the foreclosure firms under investigation. In addition, Watson has taken down the portion of his website showing the attorneys in the firm; it appears to be the only portion of his website that is inaccessible from elsewhere on the firm’s website (interestingly enough, Watson’s own attorney profile on that portion of the website is easily found directly from a Google search, and so does Caryn Graham’s, but there’s none for Leontakianakos)..

As has been widely reported, the Attorney General’s Office entered into a settlement with Marshall Watson in March of this year. A copy of the settlement agreement with Marshall Watson is found here:

http://myfloridalegal.com/webfiles.nsf/WF/SKNS-8FAHED/$file/WatsonAVC.pdf

Note that Paragraph 4.1 of the agreement requires Marshall Watson to name a liaison to the Attorney General’s Office. Is Mary Leontakianakos that liaison? I do not know. However, Leontakianakos’ address on The Florida Bar website is listed as Fort Lauderdale, and yet a search of the website of the Broward County Clerk of Court reveals that she has not appeared as an attorney in a lawsuit in Broward County – ever.

If Leontakianakos is that liaison, would she have been switching sides during the course of a controversy, Rule 4-1.9 of The Florida Bar states, “[a] lawyer who has formerly represented a client in a matter shall not thereafter:

(a) represent another person in the same or a substantially related matter in which that person’s interests are materially adverse to the interests of the former client unless the former client gives informed consent;”

Of course, the Economic Crimes Division acts in a parens patriae role as a representative of the people of the State of Florida. Consent of the people of the state cannot meaningfully be given in such a situation – and judging by the reaction of so many of people in the state the past few weeks since the Clarkson/Edwards/Jacquot story broke, it is safe to say such consent by the people would not be given even if it meaningfully could be given.

The Case Report for the investigation indicates that attorney Caryn Graham is the “point person” to contact at Watson for concerns about the AVC. According to The Florida Bar website, Graham is still with the Watson firm. Watson recently hired former Broward Chief Judge Tobin in a supervisory capacity. Indeed, the Miami Herald reported that Tobin said he would not spend much time in the courtroom.
http://www.miamiherald.com/2011/05/18/2222892/browards-chief-judge-resigns.html

If Leontakianakos is not actually the liaison, despite the entry about Graham in the Case Report, this begs a few questions, one of which is what, if anything, Leontakianakos is doing there?

The other question that arises is whether Leontakianakos’ hiring by Watson is connected to the settlement. The settlement agreement does not specify as such; however, I have been told by someone in my office that in another case some years back, another highranking individual with Economic Crimes received a job with a subsequent employer out of settlement proceeds from a case – and the connection between the settlement and the job was not disclosed.

Perhaps tellingly, the Attorney Geneal’s press release concerning the Watson settlement states, “The Marshall Watson firm fully cooperated with theinvestigation since its inception.”
http://myfloridalegal.com/__852562220065EE67.nsf/0/478149A91AA0E2528525785E0
06C1EED?Open&Highlight=0,marshall,watson

During her tenure as Director of Economic Crimes, Leontakianakos encouraged side agreements that werecontemporaneous with but not memorialized in the formal settlement documents (“AVC”s). Perhaps as some sort of Freudian-like slip reflective of what may be in effect a golden parachute, on the Bar website Leontakianakos still describes her practice in the “Occupation” field as “Government attorney.” The Marshall Watson settlement contains an unusual provision, paragraph 6.1, requiring the Attorney General to close the investigation upon the execution by all parties. It is typical for our office to close investigations following execution, and parties do typically want the public to know that the investigation is closed; what it is unusual, however, at least in my experience, is for the settlement agreement to explicitly state as such memorializing the closing as a priority. Why the extra concern? (Interestingly enough, despite that provision, I should note that the investigation is now open – I don’t know whether it remained opened or was reopened).

[...]

THIS IS MINDBLOWING…continue below!!

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CAVEAT EMPTOR: Deed typo haunts couple in foreclosure suit years after they sold

Posted on 10 January 2012. Tags: aution, bank of america, barbara borchers, caveat emptor, florida, foreclosure, Title insurance

You have absolutely no idea how many times this happens…This makes #??? for Bank of America foreclosing “error”?

TBO-

PLANT CITY –

Barbara and Rick Borchers sold their house and paid their mortgage in full eight years ago.

But now, all these years later, another lender, Bank of America, is suing them for foreclosure on the same house. When the process server knocked on their door, lawsuit in hand, the Borchers thought it must be a mistake.

“Everyone I tell says, ‘That’s impossible, it’s a scam, somebody is pulling your leg,’” Barbara Borchers said.

The lawsuit is no mistake. But it starts with one – made by the title company the Borchers hired to handle their sale in 2003.

[TBO]

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Abigail Field: Meet FL AG Pam Bondi, Foreclosure Fraudsters’ BFF

Posted on 10 January 2012. Tags: Abigail Field, attorney general, california, Darren Soto, fired, florida, foreclosure fraud, foreclosure mills, house of representatives, investigation, june clarkson, Kamala D. Harris, Martin Fiorentino, Mitt Romney, PAM BONDI, public records act, Sen. Eleanor Sobel, theresa edwards, wall street

I’d like to add this tid bit: An attorney for Lender Processing, Martin Fiorentino, who lobbied on behalf of the company, is actively involved in both state and national politics. Fiorentino is a well-known political fundraising bundler, and has raised at least $102,9000 for presidential hopeful Mitt Romney. The Fiorentino Group has been paid at least $180,000 by Lender Processing Services since 2009.

Guess which Presidential candidate Bondi just endorsed?

Abigail C. Field-

Our national foreclosure crisis has epicenters; Florida is one. Florida’s Multiple Listing Service currently lists 15,755 foreclosure properties in Miami alone (Jan 8, 2012). Prices have fallen so far in some areas homes are selling for less than “a used Toyota.”

Foreclosure statistics, like all numbers, fail to convey the human misery involved. If “irresponsible borrowers” caused Florida’s crisis, well, no one would look to the Attorney General for action. What does law enforcement have to do with irresponsible borrowers? But that’s not what happened–banker fraud and gambling wrecked the housing market. And now the banks are resorting to document fraud to process the millions of foreclosures their earlier bad acts set in motion.

[REALITY CHECK]

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Pam Bondi cleared of ‘political’ firing charges

Posted on 08 January 2012. Tags: attorney general, california, Darren Soto, fired, florida, foreclosure fraud, foreclosure mills, house of representatives, investigation, june clarkson, Kamala D. Harris, PAM BONDI, public records act, Sen. Eleanor Sobel, theresa edwards, wall street

“I will only have the very best, most skilled people on the job; those who embody the highest standards of ethics, responsibility, professionalism, and performance,” Bondi wrote. “These two staff attorneys clearly and repeatedly failed to measure up to these standards.”

With all the evidence, where is Florida’s lawsuit against LPS? Nevada had to take the bull by the horns since you couldn’t. Speaking of “ethics, responsibility, professionalism, and performance” … NEXT!

Orlando Sentinel-

An independent report released Friday cleared Attorney General Pam Bondi‘s office of any wrongdoing in the May firings of two lawyers in her South Florida office who were nationally recognized for exposing foreclosure fraud and unsavory mortgage lending practices.

The long-awaited report from Chief Financial Officer Jeff Atwater‘s office said no laws or policies were violated in the dismissal of Theresa Edwards and June Clarkson, who had argued that their firings came down to politics, not performance.

“A review of the circumstances surrounding the termination of Edwards and Clarkson, along with the information gathered during this inquiry, did not warrant initiating a formal investigation into a potential violation of law, rule or policy,” the report says. “During the course of the inquiry there was no specific allegation of wrongdoing made by any person, and no discovery of evidence of wrongdoing on the part of anyone involved in the matter.”

[ORLANDO SENTINEL]

image: i-tube.net

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Tag Archive | "florida"

Bondi says court ruling puts foreclosure fraud investigations in jeopardy

Attorney General Lisa Madigan files lawsuit against Nationwide Title Clearing (NTC) for filing faulty documents with Illinois county recorders

AN OPEN LETTER TO MICHIGAN AG BILL SCHUETTE FROM REG. Of DEEDS CURTIS HERTEL JR.

AN OPEN LETTER TO BILL SCHUETTE

LPS Uses Bogus Florida IG Report on Firing of Foreclosure Fraud Investigators in Motion to Dismiss Nevada Lawsuit

Fla. AG urged to get tough on foreclosure deal

EXCLUSIVE: Romney Profited From Mortgage Lenders Foreclosing On Thousands Of Floridians

KIMMICK vs U.S. BANK | FL 4DCA Reverses SJ, Atty Fees “Acceleration Letter, Affirmative Defenses, Trial Modification, Waivers”

BARBARA KIMMICK a/k/a BARBARA WALDON KIMMICK, Appellant,

v.

Vistas Homeowners Association pursues extreme option — foreclosure — against Korean War veteran

Law Offices of David J. Stern PA vs Bank of America “Miami Court Denies BAC MTD, May Owe Stern Over $10 Million”

FORECLOSURE TIMES: How many days does it take to foreclose in Florida?

FORECLOSURE TIMES

RePost- MUST READ RELEASE: From Andrew Bennett Spark, Assistant Attorney General, Tampa Economic Crimes

From Andrew Bennett Spark, Assistant Attorney General, Tampa Economic Crimes

CAVEAT EMPTOR: Deed typo haunts couple in foreclosure suit years after they sold

Abigail Field: Meet FL AG Pam Bondi, Foreclosure Fraudsters’ BFF

Pam Bondi cleared of ‘political’ firing charges

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Tag Archive | "florida"

AN OPEN LETTER TO BILL SCHUETTE

BARBARA KIMMICK a/k/a BARBARA WALDON KIMMICK, Appellant,

v.

FORECLOSURE TIMES

From Andrew Bennett Spark, Assistant Attorney General, Tampa Economic Crimes

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