What’s even more amazing is that this law firm is still in GOOD…yes GOOD standing with the Florida bar! But we all know exactly what’s going on here.
So how are the cases getting by if the original documents needed are being held hostage? Hmmm
Palm Beach Post-
The so-called foreclosure king of Florida knew his reign was over four months before his law firm’s doors would officially shutter.
“There’s nothing left for you here. There’s nothing left for me here. We’re done. And that’s the end of the story,” one of David J. Stern’s chief employees remembers him telling her in November 2010, according to her deposition.
The conversation followed what Stern characterized in his own deposition as the “unexpected catastrophic event” of being fired by the two biggest clients of his massive home repossession empire.
On March 31, 2011, he closed the firm, leaving as many as 100,000 Florida foreclosures, or nearly a third of the state’s backlog, in limbo.
A year later, thousands of his company’s former cases are still sputtering through the courts, sometimes stalled as new attorneys get their bearings or even dismissed so fresh paperwork can be filed, foreclosure defense attorneys say.
In fact, in the year since the epic collapse of Stern’s firm, much is unresolved.
Despite 377 complaints to the Florida Bar related to foreclosure fraud, not a single attorney has been sanctioned. Stern remains a member in good standing.
The attorney general’s investigation into foreclosure mills withered this year when the state’s power to subpoena them was quashed.
A required mediation program ordered by the Florida Supreme Court for lenders and homeowners died in December after a lack of participation and cooperation rendered negotiations impotent.
And the 368,000-case backlog in the state’s foreclosure courts has grown as the Stern firm’s wayward files added to the logjam, some attorneys said.
Jack Luzzo is replacing Marina Garcia-Wood in Family in July, with Luzzo to be replaced by Vic Tobin’s successor. A Senior Judge covers Luzzo’s division until the appointment is made some months from now. We’re hearing it’s Joel Lazarus.
It’s getting interesting …
Excerpt from the email:
Judge Marina Garcia-Wood has graciously offered to take over the foreclosure division in July. Recognizing the disruption that could occur in placing all of the pending foreclosure cases back into division, and after consulting with Judge Tuter, we have decided to maintain a separate foreclosure division. This will be done despite the lack of additional resources such as that appropriates through this fiscal year ending June 30th.
Excellent read in it’s entirety … you’ll be glad you did.
Kwtnblue-
The last few weeks, in this newspaper, I have made an attempt to expose what is truly going on in the foreclosure process, and how it ties back to a myriad of other systematic issues affecting our daily lives. Last week, we touched on the fact that the court system is incentivized directly by the Banks that have caused this crisis. But I would be remiss if I did not mention the Foreclosure and Economic Recovery Plan, aka the “Rocket Docket.” In FY 10 -11, our legislature, (clearly influenced by the Banking lobby) devised the Rocket Docket to appoint retired Judges to reduce the backlog (grease the skids) of foreclosure cases by 62 percent during the fiscal year. You might note that appointed retired Judges do not face the scrutiny of elections.
If you’re a foreclosure defense lawyer doing work in Broward County, there are lots of reasons to think Chief Judge Victor Tobin doesn’t side with homeowners. In his tenure at the top of the county’s legal system, he has instituted rules that make it tougher on homeowners to fight foreclosures and resisted changes that would protect them from cases being rushed through the system.
In a turn of events that consumer advocates are celebrating, Florida’s infamous “rocket docket” foreclosure courts may be on the verge of extinction, thanks to state budget cuts.
According to a document obtained by The Huffington Post, Palm Beach County has already started cancelling foreclosure cases. “Because of the lack of funding from the Florida legislature, judges will be unable to preside over foreclosure trials beginning July 1, 2011,” the order reads.
Broward County Chief Judge Victor Tobin is resigning from the bench to work for the Law Offices of Marshall C. Watson, a South Florida firm that recently paid $2 million to settle a state investigation into its foreclosure practices.
Tobin, 64, announced late Tuesday in a four sentence e-mail to staff at the 17th Circuit Court that his last day will be June 30.
The news shocked foreclosure defense attorneys who said it is unusual for a judge with three years remaining in his term to leave the bench, and questioned the move to a so-called “foreclosure mill.”
According to JAABlog, Broward County Judge Victor Tobin wrote in an email notifying all judges, Gov. Scott that effective June 30, 2011 he will be resigning as Circuit Judge and that effective July 1, 2011 he will return to private practice with the Law Offices ofMarshall C. Watson.
If you recall last October, the Miami Herald published an article about the rocket docket called “Florida judges face avalanche”, where they quote Judge Tobin as saying, “Batter up,” as he finished signing one stack of uncontested foreclosure cases and eyed the next.
What is very puzzling here is exactly when and how discussions came about of possibly working together with a law firm who is under such scrutiny? Inquiring minds do want to know…how this all took place.
Lee County, Florida has become infamous for speeding foreclosure cases through its courts. The super-charged system — or “rocket docket” — can dispense with a foreclosure case in minutes, sometimes mere seconds. In the interests of speed, the courts have even refused requests for delay from foreclosing banks to get their papers in order and exempted banks from rules that apply to others.
Indeed, earlier this month Lee County Judge James Thompson denied a bank’s request to delay a foreclosure so it could try to complete a short sale under the government’s Home Affordable Foreclosure Alternatives program. A HAFA short sale was presumably in the bank’s interest, which is why it requested the delay, and it certainly was in the homeowner’s interest, as the program would protect the homeowner from having to pay the roughly $200,000 difference between the mortgage and the short sale price. Whose interests does Judge Thompson’s order serve?
Florida’s “rocket docket” has been suggested as a reason why so many banks are now voluntarily dismissing Florida banks just aren’t ready to go forward. Those voluntary dismissals have two negative consequences for the banks, so surely they wouldn’t undertake them lightly. The first is that the banks will have to pay new filing fees, some $2,000 per case. (The banks can recoup the costs from the proceeds of an eventual foreclosure sale.) The second is that banks can only do a voluntary dismissal once; if they file again and have to dismiss the case for some reason, it will be with prejudice.
For you to understand a little more about “the 4 minute foreclosure” you first have to know some key players in the controversy surrounding the foreclosure process today. I included a few excerpts from an article written by Gerlad B. Alt for DS News March of 2007 that you will find at the end. I only wish MERS was included in this article because without this device none of this would have been made possible.
The Federal Home Loan Mortgage Corporation (FHLMC), known as Freddie Mac, is a public government sponsored enterprise (GSE), headquartered in the Tyson’s Corner CDP in unincorporated Fairfax County, VirginiaFreddie Mac, one of America’s biggest buyers of home mortgages, is a stockholder-owned corporation chartered by Congress in 1970 to keep money flowing to mortgage lenders in support of home-ownership and rental housing.
Freddie Mac was the first investor to improve on the so-called standard timeframes by tightening the noose and imposing what seemed at the time like draconian and arbitrary standards for completion of legal actions for foreclosure and bankruptcy. To reinforce its point, the Federal Home Loan Mortgage Corporation adopted a designated counsel program under which the attorneys chosen to participate were expected to meet and be graded against these more stringent dates.
LOGS Network is a multi-state network of title companies and law firms and connecting them via a proprietary web-hosted software system. They developed a proprietary statistical program called ASAP (Attorney Scorecard and Performance) to help manage the more than 250 law firms its outsourcing division. By introducing , invented the field counsel industry that serves residential mortgage banking. LOGS Network was co-founded by Gerald M. Shapiro of Shapiro & Fishman PA a law firm who handles foreclosures for the financial industry. His network held a virtual monopoly on all foreclosure and bankruptcy work nationwide until the early 1990s. In addition, he preempted the entire industry by creating the “cradle to grave” concept through business developments in title, closing, document preparation, foreclosures, REO, outsourcing, collection, and debt acquisition businesses.
Fidelity National, a national default outsourcing and information provider, was one of the first in the industry to implement time-frames a high priority instead of a guideline standards. It instituted a policy recognizing and rewarding those attorneys who did work for its clients in a consistently shorter time than their competition. Fidelity mentality was the faster the better and by publicizing and comparing the time to completion of various legal tasks among the hundreds of law firms doing work for its client base. It created a demand for attorneys to keep up with their business practices in the same sequence that other industries have had to in the sense of “recreating the wheel” so to speak to keep up with growing competition.
By having a goal of recovering nonconforming assets for the servicers this put pressure on the time frames they had in order to recover title.
Of course, when the only acceptable
test for quality becomes a simple test
of speed, it is inevitable that some of
the participants will feel compelled
to cut corners to stay in the game.
Retired judges are rushing through complex cases to speed foreclosures in Florida
By Matt Taibbi
Nov 10, 2010 2:25 PM EST
The following is an article from the November 11, 2010 issue of Rolling Stone. This issue is available Friday on newsstands, as well online in Rolling Stone’s digital archive. Click here to subscribe.
The foreclosure lawyers down in Jacksonville had warned me, but I was skeptical. They told me the state of Florida had created a special super-high-speed housing court with a specific mandate to rubber-stamp the legally dicey foreclosures by corporate mortgage pushers like Deutsche Bank and JP Morgan Chase. This “rocket docket,” as it is called in town, is presided over by retired judges who seem to have no clue about the insanely complex financial instruments they are ruling on — securitized mortgages and labyrinthine derivative deals of a type that didn’t even exist when most of them were active members of the bench. Their stated mission isn’t to decide right and wrong, but to clear cases and blast human beings out of their homes with ultimate velocity. They certainly have no incentive to penetrate the profound criminal mysteries of the great American mortgage bubble of the 2000s, perhaps the most complex Ponzi scheme in human history — an epic mountain range of corporate fraud in which Wall Street megabanks conspired first to collect huge numbers of subprime mortgages, then to unload them on unsuspecting third parties like pensions, trade unions and insurance companies (and, ultimately, you and me, as taxpayers) in the guise of AAA-rated investments. Selling lead as gold, shit as Chanel No. 5, was the essence of the booming international fraud scheme that created most all of these now-failing home mortgages.
By The Palm Beach Post
Updated: 7:45 p.m. Thursday, Sept. 23, 2010
Posted: 7:33 p.m. Thursday, Sept. 23, 2010
Last month, Palm Beach County Senior Judge Roger Colton opened his afternoon foreclosure session by telling homeowners that he’d heard all their stories before, and he would give them a maximum of five months before letting lenders take their homes.
“I know all about the Chinese drywall problems. I know all about sickness,” Judge Colton said. “I know all about divorce. I know all about anything else as to why we find ourselves in this position today.”
In the first case, Judge Colton signed a final summary judgment giving Everhome Mortgage Co. the right to foreclose on a Lake Worth couple’s home despite their attorney’s objections that Everhome had failed to prove that it owns the note. Foreclosure defense lawyers cite the case as an egregious example of Florida’s so-called “rocket docket,” the process of expediting foreclosure cases through the courts by siding with lenders.
That was not the intent of state legislators this year when they appropriated $9.6 million to reduce the foreclosure backlog. Though the state has set a goal of reducing the more than 500,000 cases by 62 percent within a year, that goal should be met by handling each case based on its merit and not by watching the clock. That’s particularly important given the fraud perpetrated by lenders – many of which knowingly issued loans to buyers who couldn’t afford them – and their attorneys.
Tampa-based Florida Default Law Group has been withdrawing legal affidavits in its GMAC Mortgage foreclosure cases, acknowledging that information it gave to courts may have been inaccurate. The affidavits supposedly attest to the validity of documents submitted to verify that a lender has the right to foreclose. Florida law requires that lenders prove ownership of the note underlying the mortgage.
In the case before Judge Colton, attorney Loretta Bangor questioned the validity of affidavits submitted by Everhome’s attorney, a lawyer with Shapiro & Fishman, one of three firms under investigation by the Florida attorney general for “unfair and deceptive actions” in foreclosure cases. Judge Colton, one of two retired judges hired to handle foreclosures under the new state program, did not ask to see the documents. Nor did he question Shapiro & Fishman about the validity of the documents.
In 2006 MERS released a mortgage belonging to the Velez’s. MERS Vice President name is Merhl Gibson and the notary is Jane Eyler. Both from Maryland. It appears that the same individual signed the entire document. See exhibit below.
Now these same individuals are signing this document below as Vice President and Notary for CitiMortgage. But take a close look and compare the signatures to the release above.Both of these are about a few weeks apart. Merhl’s stamp is from New York.
“On 8/30, I had a Summary Judgment Foreclosure hearing on Palm Beach County’s “Rocket Docket”. The judge spoke for 14 minutes to the crowd, of mostly pro se defendants, about how they should just agree to the summary judgment and the plaintiffs, (whose attorneys (Shapiro & Fishman had a dedicated courtroom and to whom he referred to as “my attorneys”) would be gracious (Ha!) enough to allow them to stay in their homes for 120 days if needed (even though the statute says he only has to give them 30). When it came to hearing arguments which were fully briefed and provided to the court (pursuant to the instructions of the Divisions head judge) he only allowed 30-60 seconds for argument, failed to read any of the papers, failed to review the plaintiff’s foreclosure package,flatly ignored the Affidavit filed in Opposition, ignored my plea for a trial, signed the judgment and dismissed me. I never was permitted to even read the proposed judgment or to examine the “newly discovered” allonge which Shapiro’s counsel said I had no right to see. Thank God I had a court reporter!”
Well it just happens to be that Lori is an Attorney and got a transcript of what went down…
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