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DEED in LIEU | ‘Zombie notes’ live to haunt deed transfers

DEED in LIEU | ‘Zombie notes’ live to haunt deed transfers


Thousands affected by Fannie Mae tactics

NEWS-PRESS-

David Cruz Jr. got what he believed was a great offer in a foreclosure lawsuit filed against him by giant mortgage lender Fannie Mae.

If Cruz deeded the modest Fort Myers investment house back to Fannie Mae, the government-backed company would release him from the loan’s $123,750 note: the obligation underlying his mortgage.

He deeded the house back to Fannie Mae, but court records show he didn’t get what he bargained for.

Continue Reading [NEWS-PRESS]

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Another FL 5DCA “Confession of Error” Reversal | BLUMENFELD v. FIFTH THIRD MORTGAGE COMPANY

Another FL 5DCA “Confession of Error” Reversal | BLUMENFELD v. FIFTH THIRD MORTGAGE COMPANY


ROBERT BLUMENFELD,
Appellant,

v.

FIFTH THIRD MORTGAGE COMPANY,
Appellee.

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Florida 5DCA Reversed “Confession of Error” GILLEN v. FEDERAL NATIONAL MORTGAGE ASSOCIATION (FANNIE)

Florida 5DCA Reversed “Confession of Error” GILLEN v. FEDERAL NATIONAL MORTGAGE ASSOCIATION (FANNIE)


LIAM GILLEN and JEAN T. GILLEN,
Appellants,

v.

FEDERAL NATIONAL MORTGAGE
ASSOCIATION
,
Appellee

[ipaper docId=56985930 access_key=key-14dqbn2ydjtu7jme2cwh height=600 width=600 /]

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FL Foreclosure firms forced to face Pinellas County judge

FL Foreclosure firms forced to face Pinellas County judge


PInellas County Judge Campbell ordered the heads of two major firms that handle foreclosures for banks, both based in Ft. Lauderdale, to come to Pinellas County to explain their business practices.

They will no longer be able to telephone in for cases and ordered to appear for each case.

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Florida AG Subpoenas Law Firms Ben-Ezra & Katz, Marshall C. Watson Concerning LPS’s “Pay Per Click” Program

Florida AG Subpoenas Law Firms Ben-Ezra & Katz, Marshall C. Watson Concerning LPS’s “Pay Per Click” Program


If you recall just recent, there was a class action announced against both LPS and Ben-Ezra alleging fee-splitting.

Via: Palm Beach Post

The Florida attorney general’s office issued subpoenas to two South Florida foreclosure law firms regarding business done with Lender Processing Services and LPS Default Solutions’ “Strategic Partnership Group.”

[ipaper docId=54528330 access_key=key-qbfa56wadt2y1d1dnvk height=600 width=600 /]

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BANK FRAUD by Lynn E. Szymoniak, Esq. (FRAUD DIGEST)

BANK FRAUD by Lynn E. Szymoniak, Esq. (FRAUD DIGEST)


Akerman Senterfitt & Eidson, P.A.
American Home Mortgage Servicing
Docx, LLC
Florida Default Law Group
Law Offices of David Stern
Law Offices of Marshall Watson
Lender Processing Services, Inc.
Shapiro & Fishman Law Firm


Action Date: April 4, 2011
Location: West Palm Beach, FL

On April 3, 2011, CBS’ 60 MINUTES aired a segment showing massive fraud by banks and mortgage-backed trusts in foreclosures. The segment focused on one particular document mill, Docx, LLC, owned by Lender Processing Services, Inc., a company that works for over 51 banks. One former employee confessed to forging 4,000 documents each day.

What mortgage servicing companies used the Docx forged documents in hundreds of thousands of cases? The major mortgage servicer involved was American Home Mortgage Servicing, Inc. in Coppell, TX. Other mortgage servicers that used forged documents from LPS include Saxon Mortgage Services in Fort Worth, TX and Select Portfolio Servicing in Salt Lake city, Utah.

What bank/trustees most often used the Docx forged documents in foreclosures? Deutsche Bank National Trust Company, U.S. Bank, Wells Fargo, Citibank and Bank of America were the top five users of these forged documents, but other banks were also involved.

American Home Mortgage Servicing, Inc. knew about the forgeries, but never disclosed to courts or homeowners their widespread use of forged documents.

In thousands of cases across the country, Deutsche Bank National Trust Company continues to push these documents upon the courts as proof that they own mortgages and have the right to foreclose, despite overwhelming evidence and even admissions of forgeries.

These servicing companies and bank need to begin the process of admissions, disclosures and reparations.

What law firms pushed and continue to push these fraudulent documents upon Courts and homeowners? In Florida, the firms that used these documents and continue to use these documents are: Law Offices of David Stern; Florida Default Law Group; Law Offices of Marshall Watson; Shapiro & Fishman Law Firm and Akerman, Senterfitt & Eidson, P.A. Lawyers who used and continue to use these Docx forgeries in court should, at a minimum, lose the right to practice law.

The government focus must be on protecting the rights of homeowners and shareholders and the court system and holding the banks and securities companies accountable.


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Florida Attorney General Pam Bondi Settles Investigation Against Marshall C. Watson

Florida Attorney General Pam Bondi Settles Investigation Against Marshall C. Watson


March 25, 2011

Media Contact: Jennifer Krell Davis
Phone: (850) 245-0150

Florida Attorney General Pam Bondi Settles Investigation Against One of Florida’s Largest Foreclosure Firms

TALLAHASSEE, FL – Today Florida Attorney General Pam Bondi announced a first-of-its-kind settlement against attorney Marshall C. Watson and his law firm, one of the largest foreclosure firms in Florida, for alleged improprieties in the prosecution of foreclosure cases throughout Florida. This settlement, which calls for a $2 million payment and imposition of certain requirements to conduct business, is the first stemming from numerous investigations into Florida foreclosure law firms.

“We are aggressively investigating these law firms in order to protect the interests of everyone involved in foreclosure proceedings. Homeowners, lending institutions and the courts deserve to know that the law is being followed and all documentation is true and accurate,” stated Attorney General Pam Bondi. “Anything short of total assurance of complete accuracy during such serious situations is unacceptable.”

Florida led the nation in the investigation of law firms engaged in the improper production and filing of foreclosure documents. The Marshall Watson firm fully cooperated with the investigation since its inception. Half of the $2 million payment from Marshall Watson’s firm to the Attorney General’s Office will be contributed to the Florida Bar Foundation to continue the Florida Attorney General Mortgage Foreclosure Grant Program. This grant program provides for the funding of Legal Aid attorney positions throughout Florida specifically devoted to the representation of low-income individuals facing foreclosure actions.

The investigations into the practices of several other Florida law firms are ongoing. To access the Assurance of Voluntary Compliance, please click here: http://myfloridalegal.com/webfiles.nsf/WF/SKNS-8FAHED/$file/WatsonAVC.pdf

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Full Deposition Transcript Of PATRICIA ARANGO Attorney At Law Offices Of Marshall C. Watson

Full Deposition Transcript Of PATRICIA ARANGO Attorney At Law Offices Of Marshall C. Watson


Courtesy of IceLegal

4 Q. You contend that Exhibit 1 is the document
5 that authorizes you to sign on behalf of Countrywide Home
6 Loans Servicing LP?

7 A. Yes.
8 Q. Okay. How so?
9 A. Countrywide Financial Corporation
10 actually — let me correct myself.
11 The plaintiff, as listed in this particular
12 case, is owned by Countrywide Financial Corporation.
13 It’s one of their entities.
14 Q. Okay. And how do you come to that
15 information?

16 A. Because I know it. I’ve been doing it for
17 a long time. I’ve — I don’t remember at what point in
18 time I found out that knowledge, but I’ve had it.
19 Q. Okay. Now, is Countrywide Home Loans
20 Servicing LP, to your knowledge, a separate corporate
21 entity from Countrywide Financial Corporation?

22 A. I don’t know.

<SNIP>

1 Q. And was that the situation back in December
2 of 2008 when you executed the assignment?

3 A. Yes.
4 Q. Okay. At that time, who was the owner of
5 the beneficial interest in the mortgage?

6 A. The beneficial interest in the note was
7 held by Fannie Mae. The interest in the mortgage was as
8 to, arguably, the interest in the mortgage was both
9 entities, the plaintiff and the Fannie Mae.
10 Q. Do you have any documents establishing your
11 authority to execute any assignments on behalf of Fannie
12 Mae?

13 A. Did I bring them? What? Say that again.
14 Sorry.
15 Q. Do you have any documents indicating your
16 authority to execute assignments on behalf of Fannie Mae?

17 A. I don’t know.
18 Q. Fannie Mae — excuse me.
19 The mortgage is to secure the note, right?

20 A. The mortgage follows the note, yes.
21 Q. Okay. And if Fannie Mae has the note, they
22 have to transfer or assign their interest in that note –

23 MR. ROSENQUEST: Object to form.
24 BY MR. FLANAGAN:
25 Q. — to someone else.

<SNIP>

20 Q. Okay. Does the name R.K. Arnold mean
21 anything to you?

22 A. No.
23 Q. Do you know Mr. Arnold, who is the
24 president of MERS?

25 A. No.
1 Q. You never heard of him?
2 A. No.
3 Q. If he stated that in order to be a
4 certifying officer and sign an assignment on behalf of
5 MERS somebody needed to pass and complete an examination,
6 is that something that is familiar to you?

7 A. It’s not familiar to me, no. I don’t know.
8 Q. Okay. That was not something that you had
9 to do.

10 A. I did not do that.
11 Q. Okay. And if he’s saying that, if that was
12 a rule or a qualification, that was something that was
13 not made known to you.

Before you go to the deposition, take a look at R. K. Arnold’s reply to one of Senator Brown’s questions on the hearing for “Problems in Mortgage Servicing From Modification to Foreclosure” on November 15, 2010.

Exhibits included below!

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Virginia resident gets foreclosure notice on Port St. Lucie home she sold in 1994

Virginia resident gets foreclosure notice on Port St. Lucie home she sold in 1994


By Nadia Vanderhoof
TCPalm
Posted December 3, 2010 at 11:46 a.m.

PORT ST. LUCIE — About 10 p.m. the Saturday after Thanksgiving, Cathy Hammers abruptly was woken up by a continuous loud banging on the front door of her Virginia home.

With two kids in college and a third touring the country in a rock band, she thought law enforcement was at her door with bad news of a possible car accident involving a family member.

Instead, Hammers was served foreclosure papers by Texas-based Nationstar Mortgage and the Fort Lauderdale law firm of Marshall Watson on a Port St. Lucie home Hammers and her parents sold in 1994 — a property she hasn’t owned or seen in 15 years.

“He was ringing the door bell, banging real hard on the door … the dogs were going crazy,” Hammer said. “When I asked him who he was. He asked me if I was Cathy and told me I was being served foreclosure papers. He said he was a process server with ASAP Legal Services and then just took off.”

According to court documents filed in St. Lucie County, a quit claim deed and satisfaction of mortgage were filed by Hammers and her parents on the home at 2291 S.W. Susset Lane in 1994.

Treasure Coast legal experts say Hammers’ case could be one of the most unusual to occur within the 19th Judicial Circuit, which encompasses Martin, St. Lucie, Indian River and Okeechobee counties.

“When I talked to Marshall Watson, Sonya in their litigation department, and asked why I was being served foreclosure papers on a mortgage I did not sign, on a property I haven’t lived in for almost 20 years, she got snippety with me and asked if I had an attorney. Why would I need an attorney when they’ve made the mistake?” Hammers said.

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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

.

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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)

FL Attorney General Files A Motion for Rehearing to Judge’s Ruling in Shapiro & Fishman Investigation

FL Attorney General Files A Motion for Rehearing to Judge’s Ruling in Shapiro & Fishman Investigation


Attorney General McCollum I applaud you for STANDING UP for Florida!

Assistant AG’s June M. Clarkson and Theresa B. Edwards what an amazing job! Thank you.

Investigate the law suit Shapiro and Stern had against each other…You might just find missing pieces there.

The facts are the facts…crystal clear. This glass is not half full but spilling out the rim of the glass!

Attorney General Bill McCollum today filed a Motion for Rehearing on last week’s ruling by Circuit Judge Jack Cox that the Attorney General could not investigate the Shapiro & Fishman law firm for the firm’s alleged involvement in presenting fabricated documents to the courts in foreclosure actions to obtain final judgments against homeowners. The Attorney General is currently investigating four law firms, The Law Offices of Marshall C. Watson, P.A.; Shapiro & Fishman, LLP, the Law Offices of David J. Stern, P.A., and Florida Default Law Group, PL for allegedly engaging in these practices.


[ipaper docId=39125376 access_key=key-9hpgp1r3itfgcl5uvog height=600 width=600 /]

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Posted in CONTROL FRAUD, corruption, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, forgery, investigation, Law Offices Of David J. Stern P.A., law offices of Marshall C. Watson pa, shapiro & fishman pa, STOP FORECLOSURE FRAUD, trade secretsComments (1)

False Statements: Bryan Bly, Green Tree Svc, Bill Koch, Law Offices of Marshall Watson, Nationwide Title and PNC Bank

False Statements: Bryan Bly, Green Tree Svc, Bill Koch, Law Offices of Marshall Watson, Nationwide Title and PNC Bank


False Statements

Bryan Bly
Green Tree Servicing, LLC
Bill Koch
Law Offices of Marshall Watson
Nationwide Title Clearing
PNC Bank
Richmond Monroe Group
Select Portfolio Servicing, Inc.

Action Date: October 8, 2010
Location: Palm Harbor, FL

On October 7, 2010, PNC Bank reportedly announced that it was suspending foreclosures for 30 days. An examination of the Affidavits and Assignments filed by PNC shows why it may have decided on this action. For documents needed to foreclose, PNC relied heavily for the last two years on Nationwide Title Clearing in Palm Harbor, Florida and Select Portfolio Servicing in Salt Lake City, Utah. Nationwide Title Clearing (“NTC”) was one of the first companies to come under fire for using robo-signers. Bryan Bly, the most famous robo-signer at NTC, signed thousands of Assignments and Affidavits as “Vice-President, PNC Bank, as successor by merger National City Bank, successor by merger Harbor Federal Savings Bank.” On many documents, an Ohio address appears underneath Bly’s signature. Bly, however, was never a Vice President of PNC. This was just one of the many titles Bly used so that NTC could produce documents needed for foreclosures. On other documents, during the same time period, Bly claimed to be Assistant Vice President of Select Portfolio Services; Vice President of Citi Residential Lending; Vice President of Suntrust Mortgage; and Assistant Vice President of National City Bank. In interviews, Bly admitted that he did not have time to read the documents he signed. Despite claiming to be an officer of Select Portfolio Services, Bly is not listed as an officer on the records of the Florida Secretary of State. Despite listing addresses in Ohio and Utah, Bly’s signature is always notarized in Pinellas County, Florida, the actual location of NTC. Bly’s many titles are often notarized by the same notary who claims to have personal knowledge that Bly is, in fact, an officer of these many companies. PNC also regularly used Select Portfolio Services (“SPS”) in Salt Lake City, Utah as a servicer. Bill Koch of SPS has the same problems as Bly – using too many titles and signing thousands of documents each week. Bly also signs for Green Tree Servicing, LLC, but the Green Tree address is listed as c/o NTC in Palm Harbor, Florida. In recent months, PNC has also regularly used Richmond Monroe Group in Missouri as its servicer. The frequent signer for Richmond Monroe Group is Renee Durham who is identified as “officer.” It is very unlikely that PNC can review all of the foreclosures with questionable documents in 30 days. In Florida, PNC has most often used The Law Offices of Marshall Watson, a law firm under investigation by the Florida Attorney General, to foreclose.


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Florida Foreclosures May Soon Come to a Halt

Florida Foreclosures May Soon Come to a Halt


“They have no personal knowledge of the issue and they are supposed to. That is what these judges rely on when they issue judgments against homeowners,” said Matt Englett, KEL Law Firm.

(I-Newswire) October 2, 2010 – CENTRAL FLORIDA — Thousands of Floridians may soon be rescued from foreclosure. Last week KEL Attorneys filed a motion with the Supreme Court asking Chief Justice Canady for a stay on foreclosure cases being handled by law firms currently under investigation for document fraud.

The State Attorney General launched a formal investigation against Shapiro & Fishman, Marshall Watson and David Stern last month. Lenders hired the three big law firms, which handle 80 percent of all foreclosures in Florida, now accused of fraudulently signing documents to speed up the foreclosure process.

“They have no personal knowledge of the issue and they are supposed to. That is what these judges rely on when they issue judgments against homeowners,” said Matt Englett, KEL Law Firm.

Attorney Matt Englett has testimony from one of the people hired to just sign documentation. He describes a conference room with thousands of documents. He testified he would sign one affidavit after another, taking no more than a minute on each one.

“Time is money. The longer it takes to get the property back and sell the property, the more money they lose on that loan,” Englett said.

Englett hopes the motion will stop wrongful foreclosure it its tracks. He estimates that tens of thousands of homes may have already been wrongfully foreclosed upon, and about 80-percent of pending foreclosure actions contains fraudulent documents.

If Englett is successful, homeowners who have already lost their homes could collect thousands from their lender. And for the hundreds of others in Central Florida in the middle of foreclosure, it would buy time to save their home.

About KEL Attorneys:
Our law firm has had the honor to represent clients all over the country. We are also licensed in federal courts throughout the country and we are able to represent your case in state or federal court. In either venue, rest assured that our law firm will pursue your case aggressively and in the most cost effective manner possible.

We are not just your ordinary law firm, we operate as a full-service law firm that provides legal services nationwide and have a strong presence, with a law firm in Orlando and a law firm in Tampa. Due to size, legal expertise and handling client matters for over ten years, we can handle any legal issue or situation you may have.

Company Contact Information
KEL Attorneys
Jennifer Warriner
111 N Magnolia Ave
Suite 1600
32801
Phone : 4075131900

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Posted in assignment of mortgage, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, forgery, Law Offices Of David J. Stern P.A., law offices of Marshall C. Watson pa, MERS, MERSCORP, Moratorium, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., shapiro & fishman pa, STOP FORECLOSURE FRAUD, Supreme CourtComments (3)

CONGRESSMAN GRAYSON CALLS ON FLORIDA SUPREME COURT TO HALT ALL FORECLOSURES

CONGRESSMAN GRAYSON CALLS ON FLORIDA SUPREME COURT TO HALT ALL FORECLOSURES


September 20, 2010

Chief Justice Charles T. Canady
Florida Supreme Court
500 South Duval Street
Tallahassee, FL 32399-1900

Dear Chief Justice Canady,

I am disturbed by the increasing reports of predatory ‘foreclosure mills’ in Florida. The New York Times and Mother Jones have both recently reported on the rampant and widespread practices of document fraud and forgery involved in mortgage assignments. My staff has spoken with multiple foreclosure specialists and attorneys in Florida who confirm these reports.

Three foreclosure mills – the Law Offices of Marshall C. Watson, Shapiro & Fishman, and the Law Offices of David J. Stern – constitute roughly 80% of all foreclosure proceedings in the state of Florida. All are under investigation by Attorney General Bill McCollum. If the reports I am hearing are true, the illegal foreclosures taking place represent the largest seizure of private property ever attempted by banks and government entities. This is lawlessness.

I respectfully request that you abate all foreclosures involving these firms until the Attorney General of the state of Florida has finished his investigations of those firms for document fraud.

I have included a court order, in which Chase, WAMU, and Shapiro and Fishman are excoriated by a judge for document fraud on the court. In this case, Chase attempted to foreclose on a home, when the mortgage note was actually owned by Fannie Mae.

Taking someone’s home should not be done lightly. And it should certainly be done in accordance with the law.

Thank you for your consideration of this request.

Sincerely,

Alan Grayson
Member of Congress


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Posted in assignment of mortgage, bogus, chain in title, chase, conflict of interest, congress, conspiracy, CONTROL FRAUD, corruption, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, forgery, investigation, Law Offices Of David J. Stern P.A., law offices of Marshall C. Watson pa, MERS, MERSCORP, Moratorium, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Mortgage Foreclosure Fraud, notary fraud, title company, trade secrets, Trusts, Wall Street, wamu, washington mutualComments (1)

Shapiro & Fishman accuses McCollum of grandstanding

Shapiro & Fishman accuses McCollum of grandstanding


Monday, August 23, 2010, 10:53am EDT  |  Modified: Monday, August 23, 2010, 12:02pm

South Florida Business Journal – by Paul Brinkmann

Law firm Shapiro & Fishman has accused Attorney General Bill McCollum of pre-election grandstanding and “abuse of power” in connection with McCollum’s recent announcement that his office is conducting a foreclosure fraud investigation into that firm and two others.

The allegations are in response to a coordinated investigation announced by McCollum during an Aug. 10 press conference. McCollum said his office is looking at whether the three South Florida firms engaged in unfair and deceptive actions in their handling of foreclosure cases.

The other firms were the Law Offices of Marshall C. Watson in Fort Lauderdale and the Law Offices of David J. Stern, P.A. in Plantation.

The firm’s response came Friday in a motion to quash a subpoena in Palm Beach County Circuit Court.

“As a result of this economic crisis and political climate, politicians have joined in the blame game in an effort to demonstrate their concern for ‘consumers,’” the firm’s petition states.

The petition said the attorney general’s news release mentioned issues that are not even covered in the state’s subpoena, and that the subpoena is overly broad – requesting documents apparently unrelated to the investigation.

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Posted in conspiracy, CONTROL FRAUD, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, investigation, Law Offices Of David J. Stern P.A., law offices of Marshall C. Watson pa, mortgage, Mortgage Foreclosure Fraud, shapiro & fishman pa, STOP FORECLOSURE FRAUDComments (0)

Homeowner fights foreclosure in lawsuit claiming documents are fraudulent

Homeowner fights foreclosure in lawsuit claiming documents are fraudulent


Marcia Heroux Pounds, Sun Sentinel
August 20, 2010
After months of wrangling with CitiMortgage, Dennis and Joyce Brown got fed up and hired an attorney to fight CitiMortgage’s foreclosure on their Lauderdale Lakes home. The Browns claim they are victims of fabricated documents used to foreclose after CitiMortgage failed to credit them for mortgage payments.

“They ran my blood pressure up so bad,” said Dennis Brown, who hired Fort Lauderdale lawyer Kenneth Eric Trent to fight the foreclosure.

CitiMortgage and its lawyers, David Stern Law Offices, voluntarily withdrew the case against the Browns in Broward County Circuit Court on June 16. But the Browns can’t rest easy. Recently, they’ve received new foreclosure letters from another lawyer representing CitiMortgage.

The Browns’ story is just one example of foreclosures resulting from allegedly fraudulent mortgage assignments and other tactics that “eliminate due process for the homeowner,” Trent said.

He also is suing Stern and his Plantation law firm in federal court in a separate foreclosure case with similar allegations.

In that lawsuit, on behalf of Oakland Park homeowner Ignacio Damian Figueroa, Trent contends that Stern and a mortgage registration firm generated fraudulent mortgage documents that are intentionally ambiguous to cloud the real ownership of the Figueroa’s mortgage note.

The foreclosure practices of Stern and two other law firms are under investigation by the Florida Attorney General’s Office. The attorney general recently requested records going back to Jan. 1, 2008, from Stern as well as The Law Offices of Marshall C. Watson, P.A., and Shapiro & Fishman, LLP.

Thousands of Florida homeowners may have lost their homes as a result of improper actions by the firms under investigation. In announcing the probe, Attorney General Bill McCollum, a Republican who is a running for governor, said the law firms may have presented fabricated documents in court to speed the foreclosure process and obtain judgments against homeowners.

Jeffrey Tew, a Miami attorney who represents Stern’s firm, said while the attorney general may have received complaints, there “will not be evidence of fraud.” Due to the large volume of foreclosures, there may have been clerical mistakes, he said. “In past two to three years, the Stern law firm has processed probably 100,000 foreclosures.”

But he disputes that Stern’s law firm fabricated any documents. “I haven’t seen any example where a bank didn’t have a mortgage in default,” Tew said.

Stern represents well known mortgage lenders including Bank of America, Chase, CitiMortgage, Inc., Fannie Mae, Freddie Mac, HSBC, SunTrust, and Wells Fargo. These lenders also are the shareholders of Mortgage Electronic Registration Systems (MERS).

MERS is at the heart of the matter for Trent and other lawyers trying to stop what they view as illegal foreclosures in the nation.

The mortgage registry was created by lenders in the early 1990s to track home loans, including those repackaged as securities and sold to investors. When such loans were in foreclosure, MERS – not the original lender — was often the entity foreclosing. Some lawyers have successfully fought foreclosures by contending that MERS doesn’t own the note, or the borrower’s obligation to repay.

University of Utah law professor Christopher Peterson said MERS mortgage processing system goes against long-standing principles of property law in assigning rights to a note or mortgage. He said the “owner” of a mortgage can’t be the same as the “agent” representing the homeowner, for example.

Yet MERS records “false documents” with names of people who are not executives of the registry system, but often paralegals and clerks of law firms, he said. “It’s an extremely controversial and arguably fraudlent practice,” Peterson said.

Merscorp spokeswoman Karmela Lejarde declined to comment on the criticism of MERS or Trent’s lawsuit, citing company policy not to comment on pending lititgation.

Tew, who represents Stern’s Law Offices, called Trent’s lawsuit “fiction.” He points to Florida’s 5th District Court of Appeal that ruled in July against a homeowner who tried to fight foreclosure on the basis that MERS didn’t own the note or mortgage.

For the Browns’, foreclosure troubles began with not getting credit for their payments from CitiMortgage, their mortgage servicer.

The couple says they couldn’t clear it up with the lender. “They were claiming I was behind in payment, but I was paying every month,” said Brown, a carpenter who works for the Broward County School System and whose three children and four grandchildren also live in his Lauderdale Lakes home.

They stopped paying on their mortgage in late 2007 and sought legal help.

Another issue in Browns’ case is the signature on the assignment of Brown’s mortgage, giving rights to CitiMortgage, Trent said. The signature is by Cheryl Samons, who is identified as “assistant secretary of Merscorp.” In reality, Samons is an employee of Stern’s law office.

Tew confirmed Samons’ employment by Stern, but said “it’s very common for companies to appoint a registered agent. That process is absolutely legal and normal.”

But Trent contends that mortgage assignments need to be made on personal knowledge, not hearsay, to be admissible in court.

The Browns could be facing another foreclosure action, but Trent said he is confident he can fight it again. “They don’t have the basis to foreclose,” he said.

CitiMortgage spokesman Mark Rodgers said privacy restrictions prevent the financial institution from discussing a customer’s foreclosure action. But Rodgers said procedures may resume in cases “where, despite our best efforts, we have been unable to arrive at a satisfactory resolution acceptable to all the parties involved.”

Tew said foreclosure defense lawyers are portraying homeowners who have defaulted on their mortgages as helpless victims. “Everyone is sympathetic, including us, for the homeowner who can’t pay his mortgage. But it’s not fair to paint the banks and law firms that represent them as wearing the black hats.”

Marcia Heroux Pounds can be reached at mpounds@sunsentinel.com or 561-243-6650.

Browns’ Assignment of Mortgage & Vol. Dismissal below:

DEPOSITION OF NOTARY SHANNON SMITH OF THIS CASE

[ipaper docId=34340050 access_key=key-1eb2fh5kgjs1rbxhfwhq height=600 width=600 /]

MORE ON THIS CASE & FIRM BELOW

_________________

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!

In accordance with Title 17 U.S.C. Section 107, any copyrighted work in this message is distributed under fair use without profit or payment for non-profit research and educational purposes only. GRG [Ref. http://www.law.cornell.edu/uscode/17/107.shtml]

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



Posted in Christopher Peterson, citimortgage, class action, concealment, conspiracy, CONTROL FRAUD, corruption, fannie mae, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, Freddie Mac, Law Offices Of David J. Stern P.A., law offices of Marshall C. Watson pa, MERS, MERSCORP, mortgage, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Mortgage Foreclosure Fraud, non disclosure, Notary, notary fraud, note, RICO, shapiro & fishman pa, STOP FORECLOSURE FRAUDComments (1)

Stern’s Attorney Tew: “McCollum could have been influenced by political considerations”

Stern’s Attorney Tew: “McCollum could have been influenced by political considerations”


DinSFLA here: In my opinion this is trying to throw the towel and put the spot light on McCollum even when this was an investigation prior to…The AG did not instigate The Class Actions currently on the table against DJSP. It is the AG office job to protect the public and to look into the matter of the fraud that is coming out of DJSP and the other mills.

White-Collar Crime

Fla. AG Probe: Did 3 Law Firms Get 1,000s of Foreclosure Judgments By Possible Wrongdoing?

Posted Aug 11, 2010 6:33 PM CDT
By Martha Neil

“On numerous occasions, allegedly fabricated documents have been presented to the courts in foreclosure actions to obtain final judgments against homeowners,” says a press release from Attorney General Bill McCollum announcing the investigation.

“Thousands of final judgments of foreclosure against Florida homeowners may have been the result of the allegedly improper actions of the law firms,” it continues.

“There is a terrific problem with the collapse of the market and David, who is representing banks legitimately trying to foreclose on a property, gets fingers pointed at him,” Tew told the newspaper. “David doesn’t do anything outside of the circuit court where a circuit judge supervises everything that happens.”

He also wondered aloud whether McCollum, who is a Republican candidate for state governor, could have been influenced by political considerations.

Continue to the full article….ABA JOURNAL

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



Posted in chain in title, conspiracy, CONTROL FRAUD, corruption, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, investigation, Law Offices Of David J. Stern P.A., law offices of Marshall C. Watson pa, notary fraud, shapiro & fishman paComments (1)

Florida Attorney General Launches Investigation into Foreclosure Mills Fraud

Florida Attorney General Launches Investigation into Foreclosure Mills Fraud


On Tuesday the Florida Attorney General Bill McCollum’s office announced an investigation of Three South Florida law firms.

The firms are identified as The Law Offices of Marshall C. Watson in Fort Lauderdale; Shapiro & Fishman, which has offices in Boca Raton and Tampa; and the Law Offices of David J. Stern, P.A. in Plantation.

It is alleged that the firms, which were hired by loan servicers to begin foreclosure proceedings when homeowners were behind on their mortgages, may have fabricated mortgage assignments in order to speed up the foreclosure process.

“Thousands of final judgments of foreclosure against Florida homeowners may have been the result of the allegedly improper actions of the law firms under investigation,” said McCollum, who is running for governor.

McCollum said his office also is looking into whether the firms created affiliated companies outside of the U.S., where the allegedly false documents are prepared.

“We are seeing a paperwork trail where law firms, through a mill, prepared paperwork with signatures from lenders who had assigned the mortgage,” he said.

All they have to do is look into several blogs and attorney sites to see the evidence of fraud including this one.
________________________________________

Here is Stern’s subpoena below…

Excerpts:

YOU ARE HEREBY COMMANDED to produce at said time and place all documents, as defined above, relating to the following subjects:
1. A list of all employees, independent contractors and/or subcontractors of the Law Offices of David J. Stern (DJS) for the past 5 years (former and current employees, independent contractors and/or subcontractors) including their job title(s), their duties and responsibilities and the length of their employment with DJS, including any contracts DJS has or had with them.
2. For the past five years, the names and addresses of any and all lawyers and/or law firms that DJS hires/uses throughout the State to represent their clients in foreclosure cases and in what capacity said lawyers/law firms serve DJS, including any contracts between DJS and the lawyer(s) and/or law firm(s).
3. The names and addresses of the lending institutions that DJS has represented in foreclosure cases over the past 5 years, including any contracts between DJS and said institutions.
4. The names and addresses of any and all companies used by DJS to draft and/or execute Assignments of Mortgage or Affidavits for the past 5 years, including any contracts between the lending institutions and DJS allowing for the use of the companies to draft and/or execute said Assignments of Mortgage.
5. The names and addresses of any and all persons and/or companies hired and/or used by DJS to perfect service of process on foreclosure defendants for the past 5 years, including their relationship to DJS and/or David J. Stern, individually including any and all contracts between the person or persons and/or company and DJS.
6. The names and addresses of any and all servicing companies DJS represents or represented for the past 5 years.
7. For the past 5 years, the names and addresses of any corporations, companies, partnerships or associations that David J. Stern and/or DJS has any interest in, including any foreign corporations, and detail what the business does and what type of interest is held by Stern and/or DJS.
9. List all notaries for the past 5 years that worked or works for DJS who notarized Affidavits as to fee and Assignments of Mortgage, include their names and addresses.
10. Copies of all non-disclosure agreements that DJS has or had over the past 5 years with any and all of its employees, subcontractor or independent contractors.
11. Copies of all checks and/or evidence of any other form of payment(s) from the plaintiffs that DJS represents in court in foreclosure cases to DJS and/or any of DJS’s affiliates and/or subsidiaries for services rendered in foreclosure cases.
12. Documents, including emails, that evidence what the pay scales, pay grades and/or bonuses paid by DJS to employees, subcontractors or independent contractors for completion of foreclosure cases within a certain time period.
13. Documents, including emails, that evidence what the pay scales, pay grades and/or bonuses paid by lenders to DJS or its employees, subcontractors or independent contractors for completion of foreclosure cases within a certain time period
[ipaper docId=35680209 access_key=key-16l1kpbcmkkh7zujuh5k height=600 width=600 /]

FISHMAN and SHAPIRO’s

http://www.scribd.com/full/35689746?access_key=key-mf28ympkahmdfyf3oaa

MARSHALL C. WATSON’s

http://www.scribd.com/full/35690128?access_key=key-162xk4l4gnfk4q3zx4y1

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



Posted in chain in title, conspiracy, CONTROL FRAUD, corruption, djsp enterprises, fannie mae, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, investigation, Law Offices Of David J. Stern P.A., law offices of Marshall C. Watson pa, MERS, MERSCORP, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Mortgage Foreclosure Fraud, notary fraud, robo signer, robo signers, scam, securitization, shapiro & fishman pa, trade secretsComments (3)

FLORIDA| Watch out for Conciliation| Mediation Scam

FLORIDA| Watch out for Conciliation| Mediation Scam


DinSFLA here: MEDIATION without the true lenders disclosed may be an issue later…these mills have no right to play middlemen to no one! You must make sure who the real parties are before, during and after foreclosure!

Florida Default Group is emailing foreclosure defense attorneys with emails stating “Per your request, conciliation will be scheduled for your client…” that is how the are scamming even REPRESENTED defendants out of their right to a third party mediation (not that they are going to work anyway).

As I myself have witnessed on many occasions, some mill attorneys, or LOCAL COUNSEL, like Peter Porcaro local counsel for Stern’s office, bring pro se defendants out of the courtroom, smooth talk them into an agreement where there is an “extended sale date 120 days into the future, and an agreement for “conciliation” (which differs from mediation because mediation for primary residences cost the plaintiff $750 each and also there is a mediator) and a waiver of mediation. Conciliation is at no cost to the plaintiff and is between the two parties without a mediator. There is no explanation of mediation vs conciliation and no telling that the FL Supreme Court mandates mediation unless it is waived. There is no acknowledgment of months if not years of frustrated attempts at “conciliation” in terms of loan mods or short sales or deeds in lieu and how the defendants have a right to mediation. If any issues regarding the veracity and/or authenticity of the documents in the court file are raised, the answer given in these hallway dirty dealings, is “I’m not involved with that. I don’t work for their office.”

The same thing happens with all the mills. Attached is what the defendant in a Marshall Watson case walked away with…..just read it to see …………

See for yourselves. Stand outside of courtroom 10H or the other “foreclosure mill courtrooms” and watch this play out.

Sincerely,
Lisa Epstein
ForeclosureHamlet.org

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



Posted in coercion, conspiracy, investigation, Law Offices Of David J. Stern P.A., law offices of Marshall C. Watson pa, non disclosure, settlement, STOP FORECLOSURE FRAUDComments (1)

DEUTSCHE BANK drops Foreclosure Case on Two Florida Candidates!

DEUTSCHE BANK drops Foreclosure Case on Two Florida Candidates!


What I want to now know is how this happened extremely fast when there is thousands trying to work out the same? In my recent post I wrote about this controversy in which I question the validity of Deutsche Bank’s standing

Foreclosure case against two Fla. candidates dropped

Deutsche Bank files, dismisses suit with Marco Rubio and David Rivera over mortgage

Katherine Concepcion • Staff Writer • June 28, 2010 Tallahassee.com

A 1,228-square foot home off Apalachee Parkway was the subject of recent controversy within the Florida political scene.

On June 14, the Deutsche Bank National Trust Company initiated a foreclosure filed in the Leon County Circuit Court against Marco Rubio and David Rivera, owners of the property in question. The lawsuit has since been dropped; a notice of voluntary dismissal and release of lis pendens was filed on June 23.

The Law Offices of Marshall C. Watson, who represented Deutsche Bank, declined to comment.
Rubio, former Speaker of the Florida House of Representatives, is running for the Republican seat currently occupied by George LeMieux in the U.S. Senate. Rep. Rivera, who serves District 112 of the Florida House, is campaigning as a Republican Congressional candidate in Florida’s 25th District. The two men purchased the house for $135,000 in 2005. The property is currently under contract pending sale.

Rivera delivered a cashier’s check for $9,525 to the plaintiffs on Thursday, June 17, prompting Rubio spokesperson Alex Burgos, who did not return calls for comment, to issue a statement that the men “took action right away to get this [matter] resolved.”

Court records reveal a debt of around $136,000 on the property, including late charges and accumulated interest. Mortgage payments had not been made since February because of an alleged dispute over how the adjustable rate mortgage would be calculated once the interest-only period expired.

This is not the first financial battle Rubio has been embroiled in.

During his tenure as House speaker, Rubio was questioned about his failure to disclose receiving a $135,000 home-equity loan, and charging $16,000 in personal expenses, including grocery bills and car repairs, to a Florida GOP credit card.

Continue reading …

[ipaper docId=33657063 access_key=key-394poriid410apexx4d height=600 width=600 /]

RELATED STORY:

US Senate candidate MARCO RUBIO Facing Foreclosure…NOT SO FAST, Lets TAKE A LOOK!

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



Posted in deutsche bank, foreclosure, foreclosure fraud, investigation, law offices of Marshall C. Watson pa, lawsuitComments (1)

US Senate candidate MARCO RUBIO Facing Foreclosure…NOT SO FAST, Lets TAKE A LOOK!

US Senate candidate MARCO RUBIO Facing Foreclosure…NOT SO FAST, Lets TAKE A LOOK!


Edit: These images below keep going missing!

Question for Mr. Rubio is, exactly who is Foreclosing on you??

Where are the following assignments from  the Original Lender to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS (MERS) to DEUTSCHE NATIONAL TRUST?

Take a look at the Original Mortgage:

See the arrow it clearly states the Lender is AMERIFIRST FINANCIAL, so where are the missing Assignments of the Mortgage that gives DBNT legal standing to file this Lis Pendens??

It is clear that from the face of these documents and a search in Leon County, FL records that there is none!

Law Office of Marshall C. Watson is the foreclosure mill handling this case. Lets see when they plan on filing the missing assignments….we’ll be back!

 

 

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



Posted in deutsche bank, foreclosure, foreclosure fraud, investigation, law offices of Marshall C. Watson pa, MERS, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC.Comments (2)

Townhouse for sale…but with a catch

Townhouse for sale…but with a catch


Listen up Real Estate agents as you are well too familiar with this tale.

Previously I wrote a post  ARE FORECLOSURE MILLS Coercing Buyers for BANK OWNED homes? ARE ALL THE MILLS? and just today I received another example of these foreclosure mills working hand in hand as title companies demanding you use their terms or else get NO CONTRACT.

Here is the example of this agent from Coldwell Banker who clearly states

“FannieMaeHomePath-Purchase this property for as little as 3% down. This property approved for HomePath Mortgage Financing. Approved for HomePath Renovation Mortgage Financing. Large 3 bedroom unit with two full baths. 2nd floor master suite has hardwood floors and a huge closet. Upgraded kitchen has granite countertops and cherry wood cabinets. Laundry Room.  Fenced yard for added privacy.”

“REO Addendum not furnished until acceptance-See IMPORTANT attachments & Follow**Use FAR9 Contract-No Calls Please- EMAIL only: UNIT HAS NO APPLIANCES.”

Well here’s the catch, I got a sneak peek…read the last few sentences to discover the major RESPA VIOLATION among other serious issues.

I am sure Coldwell Banker would be estatic to see agents working in this fashion as well as Fannie Mae having their addendum crossed out in certain areas.

[ipaper docId=33202164 access_key=key-kovwb3di6vj5wqfk52w height=600 width=600 /]


RELATED STORY:

AGENTS BEWARE! HERE COME THE HAFA VENDORS aka LPS AFTER YOUR COMMISSION

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Posted in coercion, concealment, conspiracy, CONTROL FRAUD, djsp enterprises, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, Law Offices Of David J. Stern P.A., law offices of Marshall C. Watson pa, respa, ViolationsComments (0)

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