In the matter of:
The Application of Quinn Emanuel Urquhart
& Sullivan, LLP to subpoena documents
from CUSTODIAN OF RECORDS, THE
DEPOSITORY TRUST COMPANY, under
a Commission issued in an action entitled
MBIA INSURANCE CORPORATION, a
New York corporation, Plaintiff v.
INDYMAC ABS, INC., a Delaware
corporation; HOME EQUITY MORTGAGE
2006-H4, a Delaware statutory trust; HOME
BACKED TRUST, SERIES INDS 2007-1, a
New York common law trust; HOME
BACKED TRUST, SERIES INDS 2007-2, a
New York common law trust; CREDIT
SUISSE SECURITIES (USA), L.L.C., a
Delaware limited liability Corporation; UBS
SECURITIES, LLC, a Delaware
corporation; JPMORGAN CHASE & CO., a
Delaware corporation; MICHAEL PERRY,
an individual; A. SCOTT KEYS, an
individual; JILL JACOBSON, an individual;
KEVIN CALLAN, an individual; and JOHN
and JANE DOES 1 – 100, Defendants,
pending in the Superior Court of California,
Los Angeles County, Central District, Case
No. BC422358.

ORDER DIRECTING
PRODUCTION OF BUSINESS
RECORDS FOR USE IN AN
ACTION PENDING
OUTSIDE NEW YORK STATE

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For those who may not know both David J. Stern and Cheryl Samons both were former employees of Shapiro & Fishman prior to Mr. Stern and Mrs. Samons departing from Shapiro & Fishman…“thats all“. <grin>————————–>

180 PAGES!

PROTECTIVE ORDER? Lender Processing Services? Specialized Loan Servicing? American Home Mortgage Servicing? DEPOS? SUBPOENAS?

DISMISSAL WITH PREJUDICE!

(a) Voluntary Dismissal.

(1) By Parties. Except in actions in which property has been seized or is in the custody of the court, an action may be dismissed by plaintiff without order of court

(B) by filing a stipulation of dismissal signed by all parties who have appeared in the action. Unless otherwise stated in the notice or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication on the merits when served by a plaintiff who has once dismissed in any court an action based on or including the same claim.

Many thanks to Foreclosure Hamlet for the documents.

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Today an article was released about the the foreclosure mills moving forward to quash the subpoenas served upon them by the Florida Attorney General. In this article there was a tad bit of heresay going on…

One of the firms is represented by WPB attorney Gerry Richman:

The subpoena has had a chilling effect on clients and has led to defense lawyers citing the investigation in motions to have the Shapiro firm disqualified from cases. One judge, according to the petition, has said in open court he will deny all summary judgment motions filed by the law firms named by the attorney general based solely on the existence of the investigation.

In an interview, attorney Gerald Richman, who is representing the Shapiro firm, said he did not know who the judge is. He denied the Shapiro firm falsified any documents.

“One of our concerns is the broad brush,” he said. “We are not in the category with David Stern, we are not in the category with any other law firm. Hopefully we will not lose clients. We’re doing whatever we can to fight back.”

Ok, well how can anyone make such a statement without clarifying who the judge is? This is clear speculation!

The Attorney General’s office is fighting back stating the facts…

McCollum spokeswoman Sandi Copes responded, “our office is responsible for protecting consumers year-round, and this investigation has been ongoing for some time.”

Last is information requesting from David J. Stern regarding the subpoena from the AG…

“This request would include entities that have nothing to do with the Law Firm’s legal practice, e.g., if David J. Stern owns a piece of real estate in an entity or he has trusts set up for his family,” according to the petition filed by Stern’s attorney, Jeffrey Tew of Miami. “This request should be narrowed to include entities that have a connection with his legal practice.”

This statement is clearly hiding some important crucial information. Rumor has it but not confirmed that some Foreclosure Mills have been stocking up on real estate they foreclosed on into trusts. Again this is just a RUMOR!

I say keep on digging…eventually an ant hole will turn into a sink hole!

Remember you only have one case to look after…as attorneys may possibly have hundreds. You may be lost!

Choosing an Attorney

The hiring of an attorney is an important decision that should not be based solely upon advertisements.  Before you decide, make certain you review their qualifications and experience. In making your decision, you may want to consider the following factors:

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