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PB POST | Fla. investigating 3 law firms after consumer complaints about defaulted mortgages

PB POST | Fla. investigating 3 law firms after consumer complaints about defaulted mortgages


By Kimberly Miller Palm Beach Post Staff Writer

Updated: 7:11 a.m. Wednesday, Feb. 9, 2011
Posted: 7:09 a.m. Wednesday, Feb. 9, 2011

The Florida attorney general’s office has confirmed the names of three law firms added to its foreclosure investigation, including Kahane & Associates, which handles hundreds of home repossessions in Palm Beach County.

The Plantation-based company, as well as the Tampa firms of Daniel C. Consuegra, and Albertelli Legal received letters of inquiry in December from the Economic Crimes Division of the attorney general’s office.

All of the firms are part of mortgage giant Fannie Mae’s retained attorney network in Florida. Consuegra was just added to the list in November following Fannie Mae’s decision to stop using the Law Offices of David J. Stern, which is also under investigation.

The Dec. 2 letter to the three firms says the attorney general has opened a preliminary investigation regarding complaints the state has received of “unfair, deceptive and unconscionable practices” in how defaulted mortgages have been handled.

Investigators give the firms 45 days to hand over all consumer complaints received in a two-year period beginning in April 2008, employee directions as to the handling of foreclosures, and correspondence regarding remedies taken to assure proper methods are being followed in filing foreclosures.

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Posted in STOP FORECLOSURE FRAUDComments (1)

AN ASSIGNMENT OR A FORMALIZATION OR A MEMORIALIZATION? By LYNN E. SZYMONIAK, ESQ.

AN ASSIGNMENT OR A FORMALIZATION OR A MEMORIALIZATION? By LYNN E. SZYMONIAK, ESQ.


AN ASSIGNMENT OR A FORMALIZATION OR A MEMORIALIZATION?

The standard language in most of the mortgage assignments being signed by employees of Lender Processing Services (most recently, Kathy Smith, Joseph Kaminsky) has changed in one significant respect.

The effective date of the transfer from grantor to grantee is now not stated as a specific date. Instead, we have the following:

“This document has been executed and is being recorded in order to formalize and memorialize an assignment of the subject mortgage which took place prior to December 17, 2009.”

A copy of this particular “assignment” is attached.  It is signed by Kathy Smith “Assistant Secretary, MERS as nominee for American Home Mortgage.”

This language is easy enough to locate on the document because a different type font is used.

How this prior assignment took place without a document is left unexplained.

IN THE PAST MONTHS, THIS CHANGE HAS BEEN MADE BY MANY OF THE FORECLOSURE MILL LAW FIRMS DIRECTED BY LENDER PROCESSING SERVICES, SO,

THERE MUST BE A MEMO DIRECTING THIS.


This is really an acknowledgment that the document is NOT the original assignment – but a replacement.  Who will recognize this shoddy attempt to “create” standing to foreclose?  No doubt, the state court judges in Brooklyn, the federal court judges in Ohio, a few bankruptcy judges, a few Massachusetts land court judges (Keith Long) and many bankruptcy trustees.

In Florida, the scheme will perhaps be first be exposed by state court judges Bailey, Traynor or Rondolino.

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



Posted in foreclosure, foreclosure fraud, foreclosure mills, fraud digest, kahane, Lender Processing Services Inc., LPS, Lynn Szymoniak ESQ, MERS, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC.Comments (1)


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