1. Dismiss all cases filed after February 11, 2010, that do not include a verification in accordance with the Florida Supreme Court revised rules of Civil Procedure. The big foreclosure firms, particularly the Law Offices of David Stern, are choosing to ignore the rule requiring verifications. All parties should be required to follow the rules.
2. Dismiss all of the cases where the plaintiff is a bank “as Trustee” but the name of the trust is not disclosed. Failure to identify the actual trust is one of the newest strategies of the foreclosure mills. The trust, not the trustee, is the real party in interest.
3. Dismiss all of the cases where the complaint is not signed by the attorney whose name appears on the pleading. The big foreclosure firms in thousands of cases have someone other than the attorney on the pleading sign “for” the attorney who drafted the pleading. This is done so that both attorneys can deny responsibility.
4. Dismiss all of the cases that include these boilerplate allegations by the bank or trust: “We own the note. We had possession of the note. We lost the note.” These allegations appear in over 20,000 cases. By now it is apparent this is a ruse – no one actually lost 20,000 mortgages and notes. Frauds upon the courts should not be tolerated.
5. Dismiss all of the cases that include a Mortgage Assignment that was signed by an employee of the foreclosure mill law firm signing as a MERS officer. This would include thousands of cases where Cheryl Samons and Beth Cerni, administrative employees for David Stern, signed as a representative of the GRANTOR when the firm was actually working for the GRANTEE. This would also include cases where Patricia Arango and Caryn Graham, two associates working for The Law Offices of Marshall C. Watson, signed as MERS officers. This would also include all cases where Christopher Bossman, an administrative employee in the Daniel Consuegra fiirm, signed as a MERS officer. This would also include all cases where officers of Florida Default Law Group signed as MERS officers. In all of these cases, no disclosure was made to the Court or to the homeowner/defendants that the Assignments were prepared by law firm employees with no knowledge of the truth of the matters asserted therein.
6. Dismiss all of the cases where a Mortgage Assignment was signed by Jeffrey Stephan of GMAC (notarized in Montgomery County, PA). Stephan has already admitted in sworn testimony that a notary was NOT present when he signed mortgage assignments, even though the Assignments contained a contrary statement.
7. Dismiss all of the cases where the documents were prepared by employees of Lender Processing Services since this company has already admitted in its Annual Statement with the SEC that investigations, internal and otherwise, revealed problems with the documents that were so significant that the company implemented a “remediation” program (and in January, 2010, laid off most of its employees in Alpharetta, GA. Until this company discloses which documents were determined to be defective, and what corrective actions were taken, no documents from LPS submitted to establish ownership and standing (notarized in Fulton County, GA; Duval County, FL and Dakota County, MN) should be relied upon by the Courts.
8. Dismiss all cases where a Mortgage Assignment has been made by American Brokers Conduit, American Home Mortgage Acceptance or American Home Mortgage Company, or nominees or mortgage servicing companies working for these American Home companies, after August 6, 2007, the day these companies filed for bankruptcy. The bankruptcy court did not authorizing these actions.
If Palm Beach County judges looked critically at the documents submitted by the foreclosure mills, they would reach the same conclusion as judges in other Florida Circuits – that the documents submitted by the foreclosure mills are worthless and the attorneys submitting these documents deserve strict sanctions.
The Law Offices of David J. Stern has only about 15 attorneys, according to legal directories.
However, it’s the biggest filer of mortgage foreclosure suits in Florida, reports the Tampa Tribune. Aided by a back office that dwarfs the law firm, with a staff of nearly 1,000, the Miami area firm files some 5,800 foreclosure actions monthly.
The back-office operation, DJSP Enterprises, is publicly traded and hence must file financial reports with the Securities and Exchange Commission. It netted almost $45 million in 2009 on a little over $260 million in gross revenue that year. The mortgage meltdown of recent years apparently has been good to the company: In 2006, it earned a profit of $8.6 million on $40.4 million in revenue.
Stern, who is the company’s chairman and chief executive officer, could not be reached for comment, the newspaper says.
His law firm has been in the news lately, after one Florida judge dismissed a foreclosure case due to what he described as a “fraudulently backdated” mortgage document, and another said, in a hearing earlier this month concerning another of the Stern firm’s foreclosure cases, “I don’t have any confidence that any of the documents the court’s receiving on these mass foreclosures are valid.”
Earlier coverage:
ABAJournal.com: “Judge Dismisses Mortgage Foreclosure Over ‘Fraudulently Backdated’ Doc”
Looks like an Assignment of Mortgage was FRAUDULENTLY created by David Sterns office and signed by Cheryl Samons. Who woulda thunk…
“By now the fact that foreclosure mills, pretender lenders and their document mills across the country are perpetrating widespread and systemic fraud on the courts is not news. Well sure major questions remain unanswered such as what will be the ultimate price of all this fraud…as reported previously much of this fraud will go unpunished because much of the evidence is apparently being sent back to the law firms that commit the fraud. (In violation of court rules) But so much is sliding by these days.
We all must do everything we can to bring fraud to the court’s attention and to preserve the evidence when it is found. Attached here is the brilliant work of a Foreclosure Fraud Fighter, Ralph Fisher of Tampa, Florida who shows us what the courts are willing to do when a good attorney makes AND PROVES a case of fraud…..Case dismissed WITH PREJUDICE”.
From the order
The hearing time was set for March 1, 2010 at 3 p.m. for a 20-minute hearing but the Plaintiff failed to appear.
after sounding the halls and after awaiting telephonic communication from the Plaintiff. The Plaintiff still failed to appear. An assistant for Plaintiff s counsel called at about 3:44 p.m. to find out the outcome of the hearing.
Motion to Compel, the court finds that the Plaintiff has failed to produce answers to the Interrogatories for a period of 26 months
The Defendant’s Motion in Limine/Motion to Strike was based on an allegation that the Assignment of Mortgage was created after the filing of this action, but the document date and notarial date were purposely backdated by the Plaintiff to a date prior the filing of this foreclosure action.
The Assignment, as an instrument of fraud in this Court intentionally perpetrated upon this court by the Plaintiff, was made to appear as though it was created and notorized on December 5, 2007. However, that purported creation/notarization date was facially impossible: the stamp on the notary was dated May 19,2012. Since Notary commissions only last four years in Florida (see F .S. Section 117.01 (l )), the notary stamp used on this instrument did not even exist until approximately five months after the purported date on the Assignment.
The court specifically finds that the purported Assignment did not exist at the time of filing of this action; that the purported Assignment was subsequently created and the execution date and notarial date were fraudulently backdated, in a purposeful, intentional effort to mislead the Defendant and this Court. The Court rejects the Assignment and finds that is not entitled to introduction in evidence for any purpose. The Court finds that the Plaintiff does not have standing to bring its action.
IT IS THEREFORE. ORDERED AND ADJUDGED THAT:
The Motion to Compel is granted. As a sanction for egregious failure to comply with discovery Rules the Plaintiff shall be prohibited from presenting the alleged Promissory Note to this Court.
The Plaintiff shall be prohibited from introducing into evidence the alleged Promissory Note.
The Plaintiff’s recording and filing regarding the fraudulent Assignment of Mortgage is stricken, and the Plaintiff is prohibited from entering the Assignment of Mortgage into evidence.
The Motion for Rehearing of Defendant’s Motion to Dismiss is granted and the Motion to Dismiss is granted. The Plaintiff’s complaint is dismissed with prejudice, based on the fraud intentionally perpetrated upon the Court by the Plaintiff.
Moral to the story… ALL assignments are FRAUDULENT.
Lynn I am working on your YELLOW LAMBORGHINI… Question: What entity should I assign title to? If it is “TOTALLED” who should I vest title to after I SWAP out the VIN # onto another Car to? We can do this as many times as you like for a fee.
“This is no different to what these Banks are doing with the help of the MILLS.”
CHERYL SAMONS states in her DEPOSITION:
She is not a Paid Employee for MERS, Does not answer to ANY President, Any Supervisors…Heck she doesn’t even know where any offices are for MERS!!! BUT SHE DOES KNOW SHE IS AN ASSISTANT SECRETARY FOR MERS.
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