UNITED STATES BANKRUPTCY COURT
DISTRICT OF NEW JERSEY

Re: In re Rodriguez (Chapter 13)
Case No. 07-24687 (MBK)

EXCERPT:

D. The Attorneys’ Fees Requested are Reasonable
Having ruled that the Debtors are entitled to attorneys’ fees, the Court must determine whether the requested fees are reasonable. See Miller, supra, 447 B.R. at 434 (“For Debtors to recover attorneys’ fees, however, such fees must be reasonable and necessary”). Indeed, the policy to discourage willful stay violations is tempered by a reasonableness standard. Id. While such policy guards against excessive litigation, however, it was Countrywide’s actions that created such substantial litigation costs to the Debtors in this case. Moreover, Countrywide has voiced no objection to the reasonableness of the fees requested by Debtors’ counsel. The Court has reviewed the documentation in support of the requested attorneys’ fees and regards the fees to be reasonable in light of the work performed in this case.

V. Conclusion
For the foregoing reasons, this Court: (i) finds that Countrywide willfully violated the
automatic stay pursuant to § 362(k), (ii) awards damages to the Debtors in the form of attorneys’
fees in the amount of $85,033.814, and (iii) directs Countrywide to make payment of the award
to “Francisco and Anna Rodriguez, in care of Abelson & Truesdale, LLC” within 30 days of
entry of this ruling. The Court will enter an order consistent with its findings.

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© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.

Boy oh Boy… I think everyone in Florida needs to examine, re-examine exactly what the heck is going down there. All this funny business is beginning to seem like the new norm.

St. Pete Times-

TALLAHASSEE — For a second time, e-mails to and from Florida Gov. Rick Scott have been deleted in possible violation of state law.

Scott’s team acknowledged in August, months after a Times/Herald request for transition records, that dozens of e-mail accounts had been deleted from a private computer server where the documents were stored.

Now, Scott’s office has confirmed e-mails stored on Scott’s iPad were deleted when a Governor’s Office staffer in charge of technology tried to print the documents. Both incidents have been described as accidental.

[ST. PETE TIMES]

The e-mails run the gamut from details on Scott’s new stationery to the hiring of agency heads to meeting a Florida Supreme Court justice.

Tampa Bay-

The e-mail accounts of Rick Scott and most of the governor-elect’s transition team were deleted soon after he took office, potentially erasing public records that state law requires be kept.

Scott’s team acknowledged for the first time this week that the private company providing e-mail service deleted the records as early as mid January, about the time the Times/Herald first sought transition e-mails.

[St. Pete Times]

This isn’t the first time. For the first from 2002 go to THE FLORIDA BAR vs. DAVID J. STERN

IN THE SUPREME COURT OF FLORIDA

THE FLORIDA BAR,

Complainant,

v.

DAVID JAMES STERN,

Respondent.
——————–~/

Excerpt:

By the conduct set forth above, respondent violated the following R. Regulating Fla. Bar:

A. Rule 3-4.2 [Violation of the Rules of Professional Conduct as adopted by the rules governing The Florida Bar is a cause for discipline.];

B. Rule 4-3.4(c) [A lawyer shall not knowingly disobey an obligation
under the rules of a tribunal except for an open refusal based on an assertion that no valid obligation exists.]; and

C. Rule 4-8.4(a) [A lawyer shall not violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another.].

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A homeowner who is unable to find a local address or phone number for their trustee should file a complaint with the Attorney General’s Office online at http://atg.wa.gov/FileAComplaint.aspx. However, this will not stop a foreclosure sale.  Homeowners should also contact a housing counselor or an attorney.

Washington is a “non-judicial foreclosure” state, which means that a lender can proceed directly to selling a home at public auction without first filing a lawsuit. This process was created by the state Legislature. Although lenders may foreclose in court in Washington, they almost always choose non-judicial foreclosures.

If a trustee is unwilling to stop a foreclosure, then the homeowner must file a lawsuit under the Deed of Trust Act and obtain a court order before the sale. Bankruptcy may stop or delay a foreclosure but it may also put the homeowner in a worse position. Legal representation is essential to a successful case, McKenna said.

BORROWER RESOURCES:

• If you believe unlawful activity has occurred in regard to your mortgage, you should speak with an attorney. A homeowner may file a suit to challenge a foreclosure, but they must do so prior to the foreclosure sale.
• If you are unable to afford a lawyer, you should contact the Washington State Homeownership Information Hotline at 1-877-894-4663 (HOME) for referral to the Home Foreclosure Legal Aid Project. The hotline can also refer to you to a free, state-approved housing counselor.
• Te Attorney General’s Office cannot stop a foreclosure or provide individuals with legal advice, as the office is barred by law from representing private citizens.
• Homeowners should read the Washington Foreclosure Prevention Resources Guide, provided by the Seattle-King County Asset Building Collaborative Foreclosure Prevention Team and recommended by the Attorney General’s Office and the Washington State Department of Financial Institutions.
• Additional resources can be found at www.atg.wa.gov/foreclosure.aspx.

Source: http://atg.wa.gov

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