Tag Archive | "Miami"

Transcript of FL Foreclosure Firm Ben-Ezra Hearing on Contempt

Transcript of FL Foreclosure Firm Ben-Ezra Hearing on Contempt

Via: PB Post‘s Kim Miller


THE COURT: No, not now. The Court
19 has already dismissed it. It is gone.
20 And the Court is finding you in
21 contempt and you, sir, Mr. Cornell, for
22 filing this in this manner when these
23 documents are so questionable. You are
24 to pay opposing counsel’s fees and
25 costs.

1 And the mortgage is dismissed with
2 prejudice. And based on the 1099 the
3 note is canceled and dismissed with
4 prejudice as it looks like the note has
5 been satisfied. And if they want to go
6 for some other sort of judgment, I
7 suppose they can do that.

8 And the Court will draft an order
9 finding you in contempt, finding you
10 grossly negligent, both of you and I’m
11 sending this to the Bar. This is just
12 enough.

13 It’s time that somebody looked at
14 this stuff and reacted instead of
15 waiting until you come in front of a
16 judge, having a judge dress you down,
17 which I’m very sorry to have to do and
18 then say, “Wait a minute. We can fix
19 this.”

continue below… Courtesy of PBPost

[ipaper docId=49976989 access_key=key-2huu9toogss6ocstbh2x height=600 width=600 /]

© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.

Posted in STOP FORECLOSURE FRAUDComments (0)

Fraud on the Court, Ben-Ezra style

Fraud on the Court, Ben-Ezra style


Just yesterday I was lamenting the absence of any sanction against Ben-Ezra & Katz for its ongoing and systemic fraud on the courts, per Fannie Mae, which fired the foreclosure mill.  Today, I got some insight into the fraud, and it’s not pretty.  To illustrate, read this Order to Show Cause.  I promise – it’s a whopper.

Apparently, Ben-Ezra filed a foreclosure suit with a lost note count, then filed an “original” note signed by an entirely different defendant on an entirely different property, along with a fraudulent assignment of mortgage.  The Court entered summary judgment, then, upon realizing the fraud, directed Ben-Ezra & Katz to show cause why they should not be held in contempt of court.

[ipaper docId=48652087 access_key=key-pr05wuq33u71cz3jkbe height=600 width=600 /]

© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.

Posted in STOP FORECLOSURE FRAUDComments (1)

Judge holds bankers in contempt, threatens jail

Judge holds bankers in contempt, threatens jail

Jose Pagliery Daily Business Review January 13, 2011

Representatives from six major banks that skipped a hearing in a Miami condo association receivership case could face the wrath of Miami-Dade Circuit Judge Jennifer Bailey today if they fail to show up a second time.

The judge already has declared lenders that own or are foreclosing on units at Bird Grove Condo are on the hook for $105,999 in expenses for the court-appointed receiver for the association. She also held the six in contempt of court.

Bailey last month granted a request by the receiver, Miami attorney Lisa Lehner, to be paid for pulling the building — an asset for the foreclosing banks — back from the brink of condemnation.

When Lehner was appointed in March, garbage hadn’t been collected for weeks, electricity was about to be cut off, the building had no insurance, and an elevator was broken. She turned it around in months.

“They have property and collateral that if I walk away from turn into nothing,” Lehner said. “Here I am, sitting as their property manager, working for free after practicing law for 28 years. It’s just not fair.”

Lehner’s demand for $5,579 in expenses per unit went uncontested at a Dec. 1 show cause hearing where Bank of America was the only lender to send a representative. Missing were Flagstar Bank, GMAC, PNC Bank, SunTrust Bank, U.S. Bank and Wells Fargo.

In November, banks owned two units and were foreclosing on another 17 units in the 39-unit building at 2734 Bird Ave. between a gas station and a gallery. A one-bedroom, one-bath unit is listed for sale for $50,000. Bank of America filed nine foreclosure cases, followed by GMAC with five.

The six lenders were ordered to send non-attorney representatives to today’s hearing, when Bailey will discuss whether the banks also should be required to pay the receiver’s upcoming maintenance fees. Bailey’s order threatened to have bankers arrested if they didn’t show, and she warned, “You may be held in jail up to 48 hours before a hearing is held.”

© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.

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Stern’s foreclosure mistake leads two to buy same house

Stern’s foreclosure mistake leads two to buy same house

Paperwork error complicates home sale, raises questions about process

By Diane C. Lade and Doreen Hemlock, Sun Sentinel
5:00 p.m. EST, December 4, 2010

Real estate investor Marjorie Oster was pleased when she snagged what looked like a good deal through a Miami-Dade County foreclosure court auction: a four-bedroom house in Cutler Bay, with a swimming pool, for about $95,000.

But when her husband drove by the next day to check on the property, he saw “someone cleaning the pool, a lawn service cutting the grass and a note it was being tented for termites,” said Oster, a Miami resident who has been in real estate for 15 years.

It turns out the house she thought she had purchased had been sold in a short sale the week before to someone else — Osberto Jimenez, a 40-year-old Cuban-born truck driver. The law firm handling the foreclosure for the lender mishandled the paperwork and never canceled the auction sale.

“So we both own the same house and I’m frustrated as hell,” said Oster. “Someone screwed up.”

© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.

Posted in STOP FORECLOSURE FRAUDComments (1)

Florida FORECLOSURE Lawyer David J. Stern (DJSP) ‘Su Casa es Mi Casa,’ Your House Is My House, Exclusive See His Photos

Florida FORECLOSURE Lawyer David J. Stern (DJSP) ‘Su Casa es Mi Casa,’ Your House Is My House, Exclusive See His Photos


Mr. Warner really deserves an enormous amount of credit for all his hard work in his investigative work!

Thank you!!

See the entire article link below…

Foreclosures Bring Wealth, Rebukes For Florida Lawyer David J. Stern Who Was Going To Name His 130 Foot Boat ‘Su Casa es Mi Casa,’ Your House Is My House, Exclusive See His Photo.

Thursday, July 22, 2010.

FROM THE ST. PETE TIMES…Sunday, July 18, 2010.  You could call him the foreclosure king of Florida. As lawyer for several major banks, David J. Stern handles 20 percent of all foreclosure cases in the nation’s fourth most populous state. It is from Stern’s law firm that well over 100,000 Floridians, including many in the Tampa Bay area, have received the dreaded notice to pay up or face losing their homes.The foreclosure business has been good to Stern, who lives in a $15 million Fort Lauderdale mansion and (STERN) reaped $58.5 million by selling his back-office operations to a new public company (DJSP enterprises) in which he is a major shareholder. But as his case load has grown, so have the controversies.  This spring, a Pasco County judge threw out a foreclosure case against a Wesley Chapel man after ruling that Stern’s firm had submitted a clearly fraudulent document.

In South Florida, a foreclosure defense lawyer discovered more than 20 mortgage documents submitted by Stern’s firm that bore notary seals that did not exist at the time the documents supposedly were notarized. The Florida Bar reprimanded Stern in 2002 for overcharging and misleading clients, and is now considering a complaint questioning whether he should be allowed to farm out so much of his firm’s business to nonlawyers. Stern declined to be interviewed for this story.  By 1999, Stern’s firm represented banks in foreclosure actions against more than 10,000 home­owners, according to records in a class action lawsuit filed in federal court in Tallahassee. The suit alleged that the firm overcharged homeowners for title searches, postage and other expenses, then submitted “false and fraudulent” invoices to support the charges. The case was closed in 2000 with Stern agreeing to pay a total of $2.1 million to homeowners.  He next drew scrutiny from the Florida Bar over complaints that his firm had misled its own clients as well as borrowers. more from the St Pete Times… The St Pete Times article is somewhat incorrect, they state that  ”Stern himself is something of an enigma. Other than references to his law firm and a sketchy biography, there is almost nothing on the Internet about him (David J. Stern).  No photos are available“.
Oh really, well I have been a private investigator in the State of Florida for 15 years and here is the short list of investigative reports that I have posted online about David J. Stern, above is one of his exclusive photos that the St Pete Times could not obtain;

Continue reading this incredible article….

Bill Warner Private Detective Blog

Posted in class action, djsp enterprises, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, investigation, Law Offices Of David J. Stern P.A., STOP FORECLOSURE FRAUDComments (7)

Miami: JPMorgan Chase gets bailout…evicts tenants

Miami: JPMorgan Chase gets bailout…evicts tenants

Police Evict Residents Of Foreclosed Apt Buildings

MIAMI (CBS4) Two people have been arrested after they reportedly interfered with three evictions from a foreclosed Liberty City low income apartment complex.

The apartment buildings at 8th Avenue and NW 70th Street were foreclosed on late last year by JP Morgan-Chase.

Some residents told CBS4 they made their rent payments to the “landlord” when he came to their door once a month, but their payments never made it to the bank.

The tenants now face eviction because JP Morgan-Chase does not want to renew the leases and upkeep the buildings. Already emptied units have been boarded up.

The apartment buildings have been turned over to ECP Properties of Texas, a subsidiary of JP Morgan-Chase, which specializes in “toxic” foreclosure assets.

On Tuesday police evicted tenants from apartments 3 and 4 in the 830 building and a third tenant in the next apartment building over.

“During a housing crisis, we cannot afford to kick people out of low income housing and board up more vacant living spaces,” said Rameau. “JP Morgan-Chase received a $25 billion bailout while poor people get eviction notices. Therefore, we are engaging in civil disobedience because the laws which allow banks to get bailouts and keep homes vacant while families face homelessness are immoral.”

One of the residents and Rameau were arrested when they offered resistance to the evictions.

© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.

Posted in Eviction, foreclosure, foreclosures, jp morgan chaseComments (0)

Sadler joined by supporters to resist home foreclosure eviction scheduled for…5/3/2010

Sadler joined by supporters to resist home foreclosure eviction scheduled for…5/3/2010

Stony Ridge squatters
03 May 2010

This in via e-mail from the Foreclosure Defense League, they held a press conference on Sunday May 2nd, at 6:00 p.m., in addition to the below release, FOX Toledo reported on this story (link):

On Monday May 3rd, Keith Sadler of Stony Ridge will be evicted from his home. But unlike many in a similar situation, Mr. Sadler intends to resist his foreclosure and stay in his home illegally.

“I am resisting this eviction through non-violent civil disobedience,” states Sadler. “It’s time to make a stand against this corrupt system.”

Alongside Sadler stands a group of community members from the Toledo Foreclosure Defense League, a Northwest Ohio coalition of housing activists. TFDL is also joined by the national group Take Back the Land based out of Miami, Florida.

Sadler, along with the Toledo Foreclosure Defense League, will be peacefully occupying the foreclosed home by sealing themselves inside until the foreclosure is called off and a moratorium on all foreclosures is enacted.

“Housing is a human right. While banks are being bailed out, people are being thrown into the streets. The time has come to take back our land and our communities,” said Sadler.

Following Sunday’s press conference May 2nd at 6pm, activists will lock themselves inside until their demands are met.

Supporters have set up live streaming video and online content at the following web addresses:

LIVE 24 hour coverage from inside the home:

Live coverage goes online at 6:00pm Eastern Standard Time at the scheduled press conference. No broadcasts will be made until then.



or text “follow@TFDLOH” to 40404

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