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.
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.
The Florida attorney general’s office issued subpoenas to two South Florida foreclosure law firms regarding business done with Lender Processing Services and LPS Default Solutions’ “Strategic Partnership Group.”
Federal mortgage backer Freddie Mac is taking its foreclosure cases from the Fort Lauderdale-based Marshall C. Watson law firm, one of eight Florida firms facing state scrutiny for its handling of home repossessions.
Brad German, a spokesman for Freddie Mac, confirmed the removal of the cases this morning, but did not say why Watson will no longer be used.
“Going forward our servicers will be directing business to other counsel,” German said.
In a statement, the Marshall C. Watson law firm said the parting was a mutual decision made by both sides.
“Freddie Mac and our firm mutually decided to part ways,” that statement said. “The Freddie Mac portfolio was only a small portion of the firm’s business, representing less than ten percent. Our firm will continue to work with Freddie Mac to ensure the transition of files is expedited and smooth. We are operating as normal with respect to all other clients and as always remain focused on providing superior service.”
Scott Anderson
Deutsche Bank National Trust Co.
Law Offices of Marshall Watson
New Century Mortgage Corp.
Ocwen Loan Servicing, LLC
Action Date: October 21, 2010
Location: St. Petersburg, FL
On October 21, 2010, in St. Petersburg, Florida, Circuit Court Judge Anthony Rondolino dismissed the plaintiff’s First Amended Complaint in a foreclosure action, Deutsche Bank National Trust Co., et al. v. Donnie J. Decker, et al., Case No. 09-20548-CI-13, 6th Judicial Circuit, in and for Pinellas County, Florida.
The complaint was brought by Deutsche Bank as trustee for a mortgage-backed trust, Morgan Stanley Dean Witter Capital, Inc., under a Pooling & Servicing Agreement dated May 1, 2001. The original complaint was dismissed due to chain-of-title problems.
The amended complaint included an Assignment from New Century Mortgage Corp. to the plaintiff that was executed on February 17, 2010 by Scott Anderson in his capacity as an Executive Vice President of Residential Loan Servicing for Ocwen Loan Servicing, LLC through its authority as Attorney-In-Fact for New Century Mortgage Corporation. Regarding this Assignment, Judge Rondolino commented as follows:
“There is nothing about this assignment which would support a determination at the pleading stage that it is invalid. On the other hand, should evidence be presented at a summary judgment hearing that New Century Mortgage Corporation, LLC became the subject of a bankruptcy proceeding which resulted in a liquidation order, the validity of this assignment would be called into question. Then, absent specific proof that Ocwen had authority from either the bankruptcy court or the liquidation trustee, this disposition of New Century’s (the debtor in bankruptcy) asset there would be a disputed material fact precluding a summary judgment. These concerns however are not ripe at this time…”
In closing, Judge Rondolino warned the plaintiff and its counsel, the Law Offices of Marshall Watson, that any new complaint must be verified, in accordance with the revised Florida Rules of Civil Procedure.
Judge Rondolino then warned very plainly, “If it is thereafter determined that the verification was not based on an appropriate investigation or that the allegations were false, the Plaintiff and the person who signed the verified complaint will be subject to sanctions which may include dismissal of the action with prejudice, assessment of fees and costs, monetary or incarcerative sanctions and referral to the State Attorney for prosecution pursuant to F.S. 837.”
Rondolino’s concerns arose in part because the Assignment came after the foreclosure action was filed. Plaintiff’s law firm is one of four law firms under investigation by the Florida Attorney General for using forged and fraudulent documents in foreclosure actions.
Scott Anderson of Ocwen has been named in foreclosure opinions of Brooklyn Judge Arthur M. Schack as an individual who signs using many different job titles. The trust in this case had a closing date in 2001, but according to the Anderson Assignment, acquired Decker’s non-performing loan in February, 2010. These same or similar facts have been presented in hundreds of foreclosure cases across the country.
Almost every major robo-signer, including Liquenda Allotey, China Brown, Linda Green, Alfonzo Greene, Korell Harp, Bethany Hood and John Kennerty have signed as Attorney-In-Fact for New Century Mortgage Corporation in 2009 and 2010 to transfer mortgages to securitized trusts that closed years earlier.
Judge Rondolino’s opinion lays a blueprint for other judges to follow when presented with mortgage assignments that appear to have been specially created to facilitate foreclosures. It is the first opinion in Florida to warn of possible “incarcerative sanctions.” (Five different versions of the “Scott Anderson” signature are posted in the “Pleadings” section of this web site.)
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