ProVest | FORECLOSURE FRAUD | by DinSFLA

Tag Archive | "ProVest"

David J. Stern Sued by DJSP Enterprises and PI Bill Warner While Stern Buys 150 “Five Guys Burger and Fries Franchise’s,” Foreclosure King takes on Burger King.

David J. Stern Sued by DJSP Enterprises and PI Bill Warner While Stern Buys 150 “Five Guys Burger and Fries Franchise’s,” Foreclosure King takes on Burger King.


Oh my, look what we have here…big mistake because I don’t think this is going very far….his franchises that is.

Bill Warner Private Investigator-

My source in Fort Lauderdale tells me that attorney David J. Stern has rolled over his $Millions in foreclosure home profits and the cash he got up front from the DJSP Entreprises Inc. FKA Chardan 2008 China Acquisition Corp deal into at least 150 Five Guys Burger and Fries Franchise’s, will that be fries with your meal sir?

It appears that David J. Stern is buying ”Five Guys Burger and Fries Franchise’s” in bulk, Stern is trying to acquire 500 Burger Joints NATIONWIDE

[BILL WARNER]

image: Bill Warner

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

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


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!!

[ipaper docId=61985571 access_key=key-1tqrvtjuwe5lp5zzmcb6 height=600 width=600 /]

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David Stern Investors Admit Foreclosure Documents Were Forged

David Stern Investors Admit Foreclosure Documents Were Forged


Folks, please tweet, forward, whatever. This is a huge story that deserves to be given major coverage in MSM. Local judges need to be aware that they are being handed forged documents.

FDL-

In 2010, the Law Offices of David J. Stern spun off the robo signing document mill part of his business into a separate, publicly traded company.

Stern pocketed some $60 million from that deal. The investors got the company and all its documents, internal procedures and everything you would need in order to find out what really happened within the Stern document mill.

A little after 8 AM EST today, a filing went up on the SEC’s Edgar database. It’s a Complaint in lawsuit, dated yesterday.

[FIRE DOG LAKE]

[ipaper docId=77175540 access_key=key-167l9gbhw0d6noa9m8tu height=600 width=600 /]

 

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Mortgage Fraud:  Law Offices of David J. Stern, ProVest, PTA

Mortgage Fraud: Law Offices of David J. Stern, ProVest, PTA


Mortgage Fraud

Law Offices of David J. Stern
ProVest
PTA

Action Date: January 4, 2012
Location: FT. Lauderdale, FL

In the lawsuit filed by DJSP Enterprises against David J. Stern and the Law Offices of David J. Stern, there are also allegations involving ProVest, the process server used by Stern and most of the other major foreclosure mills hired by Lender Processing Services in over 20 states.

The allegations regarding ProVest are found in paragraphs 36-38:

36. Prior to the Transaction, the Seller Defendants also knowingly and systematically inflated their process of service costs to the Court. Specifically, Seller Defendants engineered a fraudulent scheme whereby they directed their process servicing work to a process servicing company called ProVest. The Seller Defendants caused each file to generate four or five separate fees for service of process regardless of whether service of process on multiple defendants was necessary or appropriate and regardless of whether service of process for multiple defendants could be achieved at the same address.

37. In exchange for receiving these inflated service of process fees, ProVest, in turn, routinely referred back to PTA servicing requests for “skip tracing” to locate defendants for whom ProVest purportedly did not have accurate street address information to effect service of process. ProVest “hired” and paid fees to PTA for “skip tracing” services despite the fact that ProVest had the ability and resources to perform “skip tracing” itself and routinely did so itself.

38. The Seller Defendants’ arrangement with ProVest amounted to a kickback scheme. DS Law padded and inflated its process servicing costs which were billed to its clients and added to the court costs assessed to foreclosure defendants. In exchange for feeding this work to ProVest, PTA earned manufactured “skip tracing” fees which inflated PTA’s revenues and profits and which represented another way in which the Seller Defendants artificially inflated the revenues of the Target Business prior to the Transaction.

 

 

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Florida AG Pam Bondi Pressured By Targets Of Investigations To Soften Approach, Critics Say

Florida AG Pam Bondi Pressured By Targets Of Investigations To Soften Approach, Critics Say


ALL-in-ONE, Excellent report by HuffPo’s William Alden on the facts of what went down, when those who work for the people get fired, pushed out for getting a bit too close to exposing the AG’s office.

Is she waiting for the statue of limitations to run it’s course? When there is much more left to expose.

HuffPO-

FORT LAUDERDALE, Fla. — Last December, when she was still investigating foreclosure fraud as a top lawyer in the Florida attorney general’s office, June Clarkson gave a PowerPoint presentation to a legal association.

Her presentation amounted to an indictment of Lender Processing Services, or LPS, a company near the center of ongoing state investigations into claims that foreclosures have been rushed en masse through the legal machinery, without proper documentation. She flashed images of paperwork on a screen under the heading “forgeries,” asserting that LPS’ former subsidiary, Docx, had produced phony documents to justify unlawful foreclosures.

The legal association later sent Clarkson a thank-you note, calling her tutorial “invaluable.” Word of her presentation reached New York, where a state Supreme Court judge cited it in a harshly-worded ruling that a bank lacked the right to foreclose on a Brooklyn home.

But the Jacksonville-based LPS was furious …

[HUFFINGTON POST]

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LPS lawyer Joe Jacquot defends himself in AG scandal

LPS lawyer Joe Jacquot defends himself in AG scandal


Common sense, one would’ve recused themselves from even communicating with a high profile corp. that is under investigation from the AG’s office and in some states under criminal. Creates a “conflict” wouldn’t you think? Maybe unless you know for a fact that nothing will happen.

First thing comes to mind is why would one continue to pursue a job, knowing there might be a very good chance the company making headlines nationwide for fraud would even stay in business? Don’t many of the businesses the AG’s investigate get shut down when they find a mountain of fraud? Secondly why are other states and NOT Florida going after a criminal investigation when the company under investigation headquarters are indeed in Florida? Makes no sense.

We don’t see anyone from the New York AG’s office running to work for lets say Bank Of America…or in talks to find employment there.

Orlando Sentinel

TALLAHASSEE — A former state government lawyer now working for a firm under investigation by the state in a foreclosure fraud case said Thursday that he had nothing to do with foreclosures while he worked in the attorney general’s office.

Three Democratic lawmakers said this week they want legislation passed to prevent lawyers for government agencies from leaving the state to go work for firms that are under investigation. The proposal is aimed, the lawmakers say, in part at Joe Jacquot, who left the attorney general’s office earlier this year and has come under scrutiny for going to work for a Jacksonville company, Lender Processing Services, that was under investigation by the office, while he was there.

Jacquot said in an interview with The News Service of Florida on Thursday that not only did he not have anything to do with the probe of foreclosure firms started under former Attorney General Bill McCollum, he formally notified McCollum when he began talking to LPS as a possible future employer, and asked to be kept completely out of the loop on any discussions related to the company. Jacquot was one of two deputy attorneys general in McCollum’s office, and was McCollum’s chief of staff.

[ORLANDO SENTINEL]

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Assistant attorney general resigns after memo blasting Florida AG’s office

Assistant attorney general resigns after memo blasting Florida AG’s office


Doesn’t the last paragraph seem way off? Yes, what about those who did leave the AG’s office to go work at firms that were busted for Massive Fraud and currently under investigation today?

Exactly how, when and where did the discussions about employment come about? This is going to get extremely interesting.

Palm Beach Post

Andrew Spark, an assistant state attorney general in the Tampa office of economic crimes, resigned Wednesday, a day after he released a 16-page memo discussing grievances he has with the Florida attorney general’s office.

Spark said his memo, which he emailed to media outlets, was motivated by the forced resignations of former state foreclosure investigators June Clarkson and Theresa Edwards.

Florida Attorney General Pam Bondi said today that Spark was the subject of an ongoing investigation for using the services of a business he was investigating.

[PALM BEACH POST]

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LAST CALL | Before Florida Dems pledge to file Pam Bondi-inspired ‘Investigation Integrity Act’

LAST CALL | Before Florida Dems pledge to file Pam Bondi-inspired ‘Investigation Integrity Act’


Orlando Sentinel-

TALLAHASSEE — Two Democratic lawmakers said Wednesday they planned to file a reform proposal inspired by Attorney General Pam Bondi to place stronger revolving-door prohibitions into state law.

Reps. Darren Soto, D-Orlando, and Ron Saunders, D-Key West, said in a press release that the “Florida Investigation Integrity Act” they’re filing was inspired when “the Attorney General’s special counsel on foreclosure fraud “a special counsel in the Attorney General’s office esigned and then, reportedly, accepted employment with an organization he had been investigating. that has been under investigation for its foreclosure practices. Subsequently, two other attorneys in the office who were investigating the matter foreclosure fraud were terminated from their jobs.” (The updated statement was released late Wednesday afternoon.)

Background on the case, as well as Bondi, here.

[ORLANDO SENTINEL]

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

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


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!!

[ipaper docId=61985571 access_key=key-1tqrvtjuwe5lp5zzmcb6 height=600 width=600 /]

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SENATOR ELEANOR SOBEL, REP. DARREN SOTO PROBE DEEPER INTO FIRINGS OF ASSISTANT ATTORNEYS GENERAL

SENATOR ELEANOR SOBEL, REP. DARREN SOTO PROBE DEEPER INTO FIRINGS OF ASSISTANT ATTORNEYS GENERAL


FOR IMMEDIATE RELEASE

CONTACT: MICHELLE DeMARCO
850.487.5833

AUGUST 4, 2011

SENATOR ELEANOR SOBEL, REP. DARREN SOTO PROBE DEEPER INTO FIRINGS OF ASSISTANT ATTORNEYS GENERAL
Seek details under Florida’s public records laws of relationships between Tallahassee/mortgage service company under investigation

TALLAHASSEE – State Senator Eleanor Sobel (D-Hollywood) and Representative Darren Soto (D-Orlando) on Thursday launched a probe of their own into the relationships surrounding the abrupt ouster of two top assistant attorneys general investigating widespread mortgage fraud throughout Florida.

“A number of troubling questions have come to our attention involving past and current employees of the Attorney General’s office and at least one mortgage processing company currently under investigation,” the duo wrote to Attorney General Pam Bondi in a formal public records request. “In particular, we are especially concerned with the sudden departure to Lender Processing Services of your former special counsel, Joe Jacquot, and the subsequent dismissal of two apparently top notch foreclosure fraud attorneys – June Clarkson and Theresa Edwards – from the Department of Legal Affairs.”

The circumstances surrounding Jacquot’s abrupt decision to leave the attorney general’s office sparked the lawmakers’ interest after it was learned that he had been hired in May as a senior vice president for Lender Processing Services, a company which had been under investigation for its role in questionable foreclosures throughout Florida. Jacquot had been named earlier this year as Bondi’s “special counsel.” Within approximately one week after his hiring by the company, assistant attorneys general Clarkson and Edwards were told of their dismissal and that the firings of the investigators “came from the top.” Both Clarkson and Edwards had been at the forefront of uncovering shady practices involving so-called “foreclosure mills” and were leading the probe into Lenders Processing Services.

But Jacquot is not the only connection the company shares with Tallahassee. Yet another Lender Processing Services senior vice president previously worked as general counsel and outside general counsel for the governor’s former health care company, Solantic.

The public records request seeks information specifically related to all communications, including Blackberry transmissions such as PINs and text messages involving top attorneys within the Attorney General’s office and the company, including documents relating to an “introductory meeting” held in March. It also seeks additional details on Provest, a Tampa-based mortgage servicing company also investigated by Edwards and Clarkson.

“Given the powerful ties, the high stakes, and the thousands of Florida homeowners on the line, many of whom I represent, the dismissal of June Clarkson and Theresa Edwards, and the ties between Tallahassee and these companies are critical,” said Senator Sobel. “The troubling questions surrounding these firings not only beg closer scrutiny, but deserve substantiated answers.”

“This supplemental information request is a sincere attempt to help determine what happened in regards to these dismissals,” added Rep. Soto. “The public deserves a thorough explanation.”

The move by Senator Sobel and Rep. Soto follows their request this week to U.S. Senator Bill Nelson and the U.S. Justice Department to investigate the firings. Last month, Rep. Soto also sought under Florida’s public records laws documentation substantiating claims by Bondi’s office that both Edwards and Clarkson were terminated due to “poor performance.”

A copy of the latest Sobel/Soto public records request is attached.

###

[ipaper docId=61631683 access_key=key-wbk5gyc79whxv4hu8ns height=600 width=600 /]

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Taxpayers fund, get smacked by Pam Bondi’s ‘revolving door’

Taxpayers fund, get smacked by Pam Bondi’s ‘revolving door’


OS

Earlier this year, the Florida Attorney General’s Office was in the midst of a pull-no-punches investigation into foreclosure fraud.

Investigators were exposing rampant abuses. They’d netted a $2 million settlement from one company. And they were gunning for more.

But then in May, two things happened:

First, the “special counsel” to Attorney General Pam Bondi left to take a high-level job with one of the very companies the office was investigating.

One week later, the investigators were forced out of their jobs, told late on a Friday afternoon that they had 90 minutes to decide whether to resign or be fired.

[ORLANDO SENTINEL]

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MUST READ | Chief Judge Warns- We’ve Got A Whole Pile Of Voice Service Of Process, the “POOF” Problem solved…

MUST READ | Chief Judge Warns- We’ve Got A Whole Pile Of Voice Service Of Process, the “POOF” Problem solved…


Hint: This is NOT about borrowers, make sure you read the email in the link below!

“How do you think we can help out those poor defendants today? We may not be able to cure their legal issues, but we’d sure like to help give them some strong legal arguments in their case!”

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IL Appeals Court Vacates Judgment, Quash Service of Summons

IL Appeals Court Vacates Judgment, Quash Service of Summons


LASALLE BANK NATIONAL ASSOCIATION,
as Trustee for Certificate holders of Bear Sterns
Asset Back Securities I LLC Asset Backed
Certificates, Series 2004-FR3,

v.

UNKNOWN HEIRS AND LEGATEES OF
CANDICE WILLIS, DECEASED, AVANTA R.
WILLIS, ENRICO D. WILLIS, MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS,
INC., as nominee for Fremont Investment & Loan,
UNKNOWN OWNERS and NON-RECORD

Excerpt:

ORDER
Held: The trial court erred in finding defendant Avanta R. Willis waived the issue of personal jurisdiction by filing documents with the court after entry of a default judgment and therefore, the trial court improperly denied defendant’s motion to vacate judgment and to quash service of summons. The judgment of foreclosure
and confirmation of judicial sale are vacated. The cause is remanded to the trial court for further proceedings.

<SNIP>

The motion included defendant’s assertion that she was not a white woman as set forth in the proof of service, that she was not personally served with process in this case, and that a copy of the summons was “stuffed into her mail box.”

<SNIP>

On January 12, 2010, new counsel entered his appearance on defendant’s behalf, and the court continued the cause for hearing. On January 26, 2010, defendant’s new counsel filed a reply to plaintiffs’ response to defendant’s motion to vacate judgment and quash service. In the reply, defendant stated that Karen Crohan, listed as the special process server on plaintiffs’ affidavit of service, was not a licensed detective in the State and was not appointed by the court to serve defendant. According to the reply, Crohan was an employee of Proveset LLC, a licensed detective agency. Also according to the reply, defendant again claimed that she was not served with summons, that plaintiffs failed to rebut defendant’s affidavit that she was not served, and that the trial court’s ex parte order of default was void.

On February 18, 2010, the trial court conducted a hearing on defendant’s motion to vacate judgment and quash service. Defense counsel argued to the court that plaintiffs’ affidavit of service indicated that the process server served a white female, that defendant was African American, that no one else lived with defendant and that the special process server did not comply with the relevant statutes. Plaintiffs’ counsel responded that defendant had waived the issue because defendant filed two prior petitions to vacate and that neither petition attacked personal jurisdiction.

[ipaper docId=50172892 access_key=key-2ff9kwv7i9ynuvk04zbb height=600 width=600 /]

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FL AG INVESTIGATES PROCESS SERVICING CO. PROVEST, LLC and GISSEN & ZAWYER

FL AG INVESTIGATES PROCESS SERVICING CO. PROVEST, LLC and GISSEN & ZAWYER


PROVEST, LLC

The case file cited below relates to a civil — not a criminal — investigation. The existence of an investigation does not constitute proof of any violation of law.

Case Number: L10-3-1197

Subject of investigation:

Provest LLC

Subject’s address:

4520 Seedling Circle Tampa, Florida 33614

Subject’s business:

Process Serving Company

Allegation or issue being investigated:
Numerous Complaints being looked into, among them are questionable proper service of complaints, questionable billing practices, filing questionable affidavits filed with the Courts.

AG unit handling case:

Economic Crimes Division in Ft. Lauderdale, Florida


View contact information for Ft. Lauderdale.

_______________________________________

GISSEN & ZAWYER PROCESS SERVICES, INC.


The case file cited below relates to a civil — not a criminal — investigation. The existence of an investigation does not constitute proof of any violation of law.

Case Number: L10-3-1228

Subject of investigation:

Gissen & Zawyer Process Service, Inc.

Subject’s address:

1550 Biscayne Blvd. Suite 200 Miami, Florida 33132

Subject’s business:

Service of process company

Allegation or issue being investigated:
Numerous complaints being looked into, among them are questionable proper service of complaints in foreclosure law suits, questionable billing practices, filing questionable affidavits with the Courts, back dating returns of service,

AG unit handling case:

Economic Crimes Division in Ft. Lauderdale, Florida

View contact information for Ft. Lauderdale.
© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in STOP FORECLOSURE FRAUDComments (6)

Fraud in foreclosure summons a disturbing trend

Fraud in foreclosure summons a disturbing trend


CALAMITY Summonses are being misplaced or forged by servers CAUSES Critics say sloppiness and fraud leading to sudden spike

Posted: October 22, 2010 – 12:00am
.

The foreclosure case against Patrick Jeffs was thrown out of court when a Jacksonville judge ruled that the summons to inform him of the lawsuit was counterfeit.

Mark Browne was in Iraq when a process server tried to give his mother in New Mexico a summons to inform him that his house in Jacksonville was being foreclosed on. She didn’t accept it, but the server signed a document that said she did. A judge threw that out, too.

Nancy Rush sold her Jacksonville condo in March, walking away poorer after the short sale and was getting on with her life when her phone rang with unlikely news: She was in foreclosure. A week after she unloaded the unit at Kendall Town in Arlington, a Jacksonville judge ordered the home sold at auction to settle a $190,000 mortgage debt, even though Rush had never received a summons saying she was being sued. “I didn’t even know there was a court date,” Rush said. “It scared the crap out of me.”

Even the summons, the simple but important legal notice required to inform homeowners that they are being foreclosed on, has not been immune to the massive problems surrounding what has become known in Florida and across the nation as the foreclosure mess.

The Times-Union has reviewed documents where the same name with obviously different signatures was used to certify that papers were served to the homeowner.

While there is no simple way to know how often every type of irregularity occurs, there is documentation showing a sharp rise in one narrow area of concern.

Instances where summonses entrusted to servers have been reported as lost, once fairly rare, have skyrocketed, making it harder to document the fate of important paperwork. From barely more than 100 annually six years ago, more than 2,000 summonses have been lost in Duval County in each of the last two years.

Critics attribute the problems to both sloppiness and fraud.

Tammie Lou Kapusta, a paralegal in the office of David Stern, the foreclosure law firm at the center of much of the investigations, described the serving process as “a complete mess” during a recent deposition. Renters were served rather than property owners, Kapusta told the Florida Attorney General’s Office. An affidavit of service – the legal document required to verify that the summons was served properly – would be filed when the summons hadn’t been served, she said.

© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in sewer service, STOP FORECLOSURE FRAUDComments (1)

Full Deposition Transcript of Jessica Cabrera Law Offices of Marshall C. Watson

Full Deposition Transcript of Jessica Cabrera Law Offices of Marshall C. Watson


Make sure to catch the exhibits in the deposition towards the very end.

Will do excerpts when I have a chance.

[ipaper docId=39632683 access_key=key-g4rsv1f15iz3h6fw9pf height=600 width=600 /]

© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in STOP FORECLOSURE FRAUDComments (1)

Florida Foreclosure Firm Fudged Forms, Ex-Paralegal Claims

Florida Foreclosure Firm Fudged Forms, Ex-Paralegal Claims


By Phil Milford and Denise Pellegrini – Oct 9, 2010 12:01 AM ET

A former paralegal told Florida investigators that workers at a law firm that processed foreclosures signed paperwork without reading it, misdated records and skirted rules protecting homeowners in the military.

Tammie Lou Kapusta, who said she spent more than a year at the Law Offices of David J. Stern PA, made the accusations in a Sept. 22 interview with lawyers for Florida Attorney General Bill McCollum. In August, McCollum announced a probe of three law firms to see whether improper documents were created and filed with state courts to hasten the foreclosure process.

Jeffery Tew, a lawyer for the Stern firm, denied Kapusta’s claims.

Kapusta, who spoke under oath, said the Stern firm ballooned from 225 employees when she started in March 2008, to more than 1,100 when she was fired in July 2009. She described a disorganized workplace where documents got lost and mortgages were misfiled. The training process was “stupid and ridiculous,” she said.

“There were a lot of young kids working up there who really didn’t pay attention to what they were doing,” she said, according to a transcript. “We had a lot of people that were hired in the firm that were just hired as warm bodies.”

Kapusta’s statements were reported Oct. 7 in the Tampa Tribune. Tew, of Tew Cardenas LLP in Miami, said he wasn’t aware of the interview until it was released to the public.

“We didn’t get a chance to cross-examine her,” he said. “It was a one-sided statement by a disgruntled employee. There was a lot of animus and personal references, and she seeks to besmirch people’s reputation. The law firm denies there’s any accuracy in the charges.”

Jurisdiction Challenged

There’s a court hearing set for Oct. 12 to determine whether McCollum’s office has jurisdiction over the firm’s conduct, Tew said.

“This is a civil investigation, and the attorney general hasn’t made any conclusions,” Tew said.

Continue reading…BLOOMBERG

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Related:

EXPLOSIVE DEPOSTION!!!! BUSTED!! DAVID J. STERN “MILL” KNEW THIS ALL ALONG…THIS FORECLOSURE FRAUD!!!

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© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in assignment of mortgage, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, Law Offices Of David J. Stern P.A., ProVest, robo signers, sewer serviceComments (1)

EXPLOSIVE DEPOSTION!!!! BUSTED!! DAVID J. STERN “MILL” KNEW THIS ALL ALONG…THIS FORECLOSURE FRAUD!!!

EXPLOSIVE DEPOSTION!!!! BUSTED!! DAVID J. STERN “MILL” KNEW THIS ALL ALONG…THIS FORECLOSURE FRAUD!!!


FORMER EMPLOYEE WHISTLE BLOWER!!!

.

Via: 4ClosureFraud

.

HEY JUDGE COX, THIS IS WHAT YOUR MOTION TO QUASH IS PROTECTING!

~

MY GOD!

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WHERE ARE THE F***ING FEDERAL AGENTS!!!

~

“I personally did not do it because I refused to do it.”

“I wasn’t going to falsify a military document.”

“I was told that that’s fine, somebody else on your team will do it.”

~

This just in and it is unbelievable!

We are neck deep in issues today so I do not have time to go through and highlight everything, and there is a lot, but here are some snips…

TAKE THE TIME TO READ THIS IN ITS ENTIRETY

THIS SHOULD BE THE BOMBSHELL THAT STOPS IT ALL IN FLORIDA

MORE TO FOLLOW ON THIS

1                             STATE OF FLORIDA
OFFICE OF THE ATTORNEY GENERAL
2                             DEPARTMENT OF LEGAL AFFAIRS

3                             AG # L10-3-1145

4

5   IN RE:

6   INVESTIGATION OF LAW OFFICES
OF DAVID J. STERN, P.A.
7

8   ____________________________/

9

10

11

12               DEPOSITION OF TAMMIE LOU KAPUSTA

13

14

15

16                    12:11 p.m. – 1:58 p.m.
September 22, 2010
17                Office of the Attorney General
110 Southeast 6th Street, 10th Floor
18                Fort Lauderdale, Florida 33301

1 P R O C E E D I N G S
2 – – –
3 Deposition taken before Kalandra Smith, Court
4 Reporter and Notary Public in and for the State of
5 Florida at Large, in the above cause.
6 – – –
7 THERE UPON:
8 TAMMIE LOU KAPUSTA
9 having been first duly sworn or affirmed, was examined
10 and testified as follows:

1 Q Let’s go to the assignments of mortgage. They
2 were prepared in-house?
3 A Yeah.
4 Q You’re smiling. You want to tell me about
5 them?
6 A Assignments were done sometimes after the
7 final judgement was entered.
8 Q Do you know why that is?
9 A Because that’s what we were directed to do

19 Q Can you tell me the execution of the
20 assignments, how it worked?
21 A Assignments were prepared again from the
22 casesum. All of our stuff comes from the casesum. They
23 would be stamped and signed by a notary or not. Per
24 floor we had a designated spot to place them and Cheryl
25 would come once a day and sign them.
22
1 Q Sign them as what?
2 A As –
3 Q For the bank?
4 A Correct.
5 Q Or for MERS or whoever it was for?
6 A Correct.
7 Q Would these notaries be there watching her as
8 she signed?
9 A No.
10 Q She would just sit there and sign stacks of
11 them?
12 A Correct. As far as notaries go in the firm I
13 don’t think any notary actually used their own notary
14 stamp. The team used them.
15 Q There were just stamps around?
16 A Yes.
17 Q And you actually saw that?
18 A I was part of that.
19 Q You did it? Are you a notary?
20 A No, I’m not.
21 Q Did you sign as a witness?
22 A I did not. I signed as a witness on one
23 document and after that I decided that I didn’t want to
24 put my name as a witness anymore.
25 Q Tell me about the stamps. You stamped them?
23
1 A Yeah, I had stamps. Each team had a notary on
2 them or notaries that I was aware of. Whether they were
3 or weren’t wasn’t –
4 Q You had stamps?
5 A Correct. We would stamp them and they would
6 get signed.
7 Q Stamp them in blanks?
8 A Yes.
9 Q Who would sign them?
10 A Other people on the team that could sign the
11 signature of the person or just a check on there or
12 whatever.
13 Q Was that common practice?
14 A Yes.
15 Q Was that standard practice?
16 A Pretty much.
17 Q What about the witnesses?
18 A Those would be signed by juniors who were –
19 Q Standing there?
20 A Here, sign this. It has to go to Cheryl, sign
21 it. Then it would go and sit at the desk where Cheryl
22 would sign everything.
23 Q Out of view of the notary and out of view of
24 the witnesses?
25 A Correct.
24
1 Q Do you know who implemented this procedure?
2 A Cheryl.
3 Q Cheryl did?
4 A Um-hum.
5 Q Did anybody else sign with the firm for the
6 banks?
7 A Yes.
8 Q Who was that?
9 A There were people that were responsible for
10 signing Cheryl’s name. Cheryl, Tammie Sweat, and Beth
11 Cerni. Those were the only three people that could sign
12 Cheryl’s name. If you ever look at assignments you’ll
13 see that they are not all the same.
14 MS. EDWARDS: What are the names again?
15 Cheryl, Tammie?
16 THE WITNESS: Tammie Sweat and Beth Cerni.
17 MS. EDWARDS: Could you spell that.
18 MS. CLARKSON: C-E-R-N-I.
19 BY MS. CLARKSON:
20 Q Did they practice Cheryl’s signature?
21 A I would assume so.
22 Q Did you ever see them?
23 A Not practicing but I’ve seen them sign it.
24 Q Did you see somebody sign Cheryl’s name?
25 A Yes.
25
1 Q That wasn’t Cheryl?
2 A Yes. All the time.
3 Q Did Cheryl know about this?
4 A Yes.
5 Q Was it at her direction?
6 A Yes.

16 Q Did anyone quit as far as you know due to the
17 practices?
18 A I’m sure but they wouldn’t come right out and
19 say I quit because of the practices. I know that people
20 had left because they were uncomfortable with the things
21 that they were being asked to do, as most of us were.
22 When it got really sticky there were a lot of us that
23 weren’t here.
24 Q What does really sticky mean?
25 A They wanted us to start changing the documents
33
1 and stuff and doing stuff that we weren’t supposed to be
2 doing as far as service.
3 Q What documents did they want you to change?
4 A Manpower documents. A lot of judges started
5 requiring, because of the Jane and John Doe issues,
6 required that you have a military search for all the
7 defendants. If you named a Jane and John Doe as an NKA
8 you had to pull a military search on them. Unless you
9 have somebody’s social security number technically you
10 can’t pull a military search supposedly.
11 The program that we used for the program that
12 we used, you could put in the main defendant’s social
13 security and John or Jane Doe’s name and it would give
14 us a military search saying that they were in the
15 military.
16 Q You would get their social security number
17 because the bank documents contained it?
18 A Correct. The lenders, the referrals had the
19 socials.
20 Q Did you put the social in on everybody to find
21 out their address for service?
22 A Not everybody. I personally did not do it
23 because I refused to do it. I wasn’t going to falsify a
24 military document. I was told that that’s fine,
25 somebody else on your team will do it.
1 Q What do you mean falsify a military document?
2 A Well, I’m using the main defendant’s social
3 security number on somebody else’s name, not his name.
4 John Doe and the main defendant was James, I was taking
5 James’ social security number and putting John Doe’s
6 name in there. I wasn’t but that’s what the practice
7 was. The judges started saying we’re not going to
8 consider service completed until –
9 Q There’s a miliary search?
10 A Correct.
11 Q So why wouldn’t they use the right social
12 security number for the right person?
13 A Because you don’t have a social for an NKA or
14 unknown tenant. They wouldn’t enter a final judgement
15 unless the military doc was there.
16 Q So you just used anybody’s?
17 A Correct.

9 A So what we had to do from that point, again
10 the affidavits were still split in two pages, at that
11 point we were supposed to be sending them back to the
12 banks to be signed now. The problem being that a lot of
13 times we wouldn’t get them back or executed in time for
14 the hearings. So we had what they called signature
15 pages that Tammie Sweat or someone else would have in
16 their possession. If we couldn’t get it back from the
17 bank executed in time we would just take a signature
18 page and put it on the affidavit.
19 Q What was on the signature page?
20 A The signature and notary from the bank.
21 Q Were these documents photocopied or were they
22 original documents?
23 A Some were photocopied.
24 Q How would you get that many from a bank
25 original? The bank supplied them to you.
42
1 A Well, what would happen would be like if I had
2 file A and that one didn’t go to hearing because there
3 was something wrong with it and file B was going to
4 hearing but it was the same bank, I would take the
5 signature page from A and give it to B.
6 Q Oh give it to another file?
7 A And just re-execute this file.
8 Q Okay. That was common practice?
9 A Yes, after Cheryl couldn’t sign.
10 Q Did Cheryl know?
11 A Yes.
12 Q Cheryl knew about all the practices because
13 she is the one who ran the office?
14 A She was the one who implemented them.
15 Q Were there any other activities or practices
16 over at David Stern’s firm that made you feel
17 uncomfortable or that you were unwilling to do?
18 A I don’t know how to answer that question.
19 It’s a loaded one.
20 Q Take your time.
21 A Yeah. Some of the things that were done there
22 just were not on the up and up.
23 Q Explain to me in as much detail as you can
24 what those things were.
25 A I don’t even know where to start with it.

Now that’s some BULLSHIT!

~

MUCH MORE IN THE DEPO BELOW…

~

Full-Deposition-of-Tammie-Lou-Kapusta-Law-Office-of-David-J-Stern

[ipaper docId=38901226 access_key=key-1qyc5k5u2jgdkg86i66p height=600 width=600 /]

Image credit: PI Bill Warner


© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in assignment of mortgage, aurora loan servicing, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, Law Offices Of David J. Stern P.A., MERS, MERSCORP, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., STOP FORECLOSURE FRAUD, Tammie Lou KapustaComments (6)

PROCESS SERVING INSIDER…Other monsters in the Sea: PROVEST, LLC

PROCESS SERVING INSIDER…Other monsters in the Sea: PROVEST, LLC


Posted by SUItheGATOR on May 24, 2010 ForeclosureHamlet.org

Another area that should be investigated in the foreclosure mill process is the “process serving” Mills such as ProVest LLC.

I worked at ProVest for 7 months a few years ago, as jobs are scarce. There were some issues there of some of the servers just “drop serving” the summons, (just leaving at the door and saying they gave it directly) or Sewer serves, (saying it was served and they never even left at the door). A few borrowers obtained legal counsel and executed their rights, as they were never properly served, but there are probably more borrowers unaware they have been “had”.

If Improperly served, the court dates cannot be set.

Due to ProVest’s aggressive style, and high volume of work, it is possible many servers, not direct employees, were forced to do the serves this way due to the volume and ProVest’s unrealistic expectations. They wanted a serve within 10 days of it being filed at the court house. As an employee, server or not, if you did not meet their outrageous timeframes it provoked what I call “public floggings” of employees. Not a nice place to work.

ProVest does process serving for many of the foreclosure mills such as Stern and FDLG… And for the record, when I was there, a husband worked for FDLG, and the wife worked for ProVest…

So, if you want more dirt for your compaign, here it is.. Check to see if the borrowers were properly served.

RELATED STORY:

Lender Processing Services LPS and ProVest: Resemblance is uncanny

© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in FDLG, florida default law group, foreclosure, foreclosure fraud, foreclosure mills, insider, Law Offices Of David J. Stern P.A., sewer serviceComments (1)

House Flipping Makes A Comeback In Florida Foreclosed Homes Sold On Court House Steps for Cash, David J. Stern Law Office Forecloses Buys and Flips for Profit, FBI Needs to Investigate.

House Flipping Makes A Comeback In Florida Foreclosed Homes Sold On Court House Steps for Cash, David J. Stern Law Office Forecloses Buys and Flips for Profit, FBI Needs to Investigate.


“A ex-employee of the Law Offices of David J. Stern of Plantation has contacted me, Bill Warner, in response to the article I posted on Monday, May 18, 2009, that followed up on the Tampa Tribune article of April 2008, (see above), it appears that what I had claimed about “sewer service” by ProVest LLC in Tampa Fl (working for the Stern law office) is just the tip of the iceberg.

It appears from this ex-employee of the Law Offices of David J. Stern of Plantation that ProVest, the process service company in Tampa, also had an office in the same building as the Law Offices of David J. Stern in Plantation and that “sewer service’ was done all the time and if needed Provest would pre-date the service of summons to make it appear that you had already been served and allow Stern to put your foreclosure case on a “rocket docket’ to get the house up for sale on the Court House steps (David J. Stern Law Office appears to have severed ties to Pro Vest).

Then the sales girls in the Stern office (a lot of the associate attorneys at the Stern Law firm have real estate licenses) would contact outside buyers and inform them of the exact time and date of the “court house steps sale” and tell the outside buyers what the correct amount to bid that would be approved by the bank and the court,(this is ”bid rigging”).

A recent hire by the Law office of David J. Stern is Attorney Vivien Leora Lurlene who also has a Real Estate Sales License in the State of Florida, I have no knowledge of her involvement in the ”bid rigging”or any other illegal activity at the Law Office of David J. Stern. These outside buyers contacted by the sales girls at the Stern Law office would resell these super low bargain houses purchaed on the Court House Steps for a profit and pay off the sales girls in the Stern Law office for the tip. “

It appears from this ex-employee of the Law Offices of David J. Stern of Plantation that she was told to make up false documents for Freddie Mac and Fannie Mae when they came around to check their Foreclosure files, she was also instructed to lie to the banks when they requested a chronology report which is the foreclosure time-line on a file, there appears to be Federal violations that would necessitate an FBI investigation, the ex-employee is afraid to talk.

Continue HERE

© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in chase, concealment, conspiracy, corruption, fraud digest, geithner, george soros, Law Offices Of David J. Stern P.A., Lender Processing Services Inc., LPS, MERS, Mortgage Foreclosure Fraud, mozillo, scamComments (1)


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