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.
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.
TampaBay.com recently exposed how some foreclosure mills are striving with wealth. In particular one law firm in the Fort Lauderdale area.
Here is another ‘Mega Estate’ under a “CERTAIN TRUST AGREEMENT” c/o The Law Offices of David J. Stern, PA 900 S. Pine Island Rd., Suite 400, Plantation Florida 33324. This is not far from his other $15,000,000.00 dollar “Mega Estate” and his $5 million dollar Ft. Lauderdale Beach condo.
This Hillsborough Estate, like his Ft. Lauderdale Estate also features a tennis court. According to BCPA.net this double lot MEGA ESTATE was purchased for a combined total of $17,000,000.00 in 2008.
Mr. Stern’s ‘nonlegal’ company DJSP Enterprises, Inc recently filed their Form S-8 with the SEC. I wonder where all these SHARES are going?
Individual does not want to disclose their name. I have authenticated this to be true.
I have spoke to others and this has happened to them …but without ANY violations.
Could this be the way that the MBA might get around to allow banks to foreclose on “Non-Homestead” properties?? Just CURIOUS?
“DISTURBING BEHAVIOR”
1. Non-Creditor places a Lis Pendens
2. County/City revokes your HOMESTEAD
3. County/City issues code violations
4. County/City places a lien on the subject property
5. County files a Foreclosure Notice for unpaid Code Violations (ie: not getting a $2-3K sewer connected that turns into $67K FASTand growing …while in Lis Pendens)
6. County sends you a letter letting you know that they CANNOT foreclose on a homestead residence.
GUESS WHAT? They revoked it! So now they can foreclose and get in first place of the bank(s) foreclosing… Kick you to the CURB!
Bank now pays the “County/ City” off. It can be any violation…Did you clean your pool? mow the lawn? ANYTHING!
“DISTURBING BEHAVIOR”
But why you ask…
It’s the only property you own!
It’s the only “Primary” residence you have!
It’s the only mortgage in the Country….So why is this not your Homestead property?
Continue reading …MIAMI HERALD
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