Foreclosure Attorneys May Be Committing Fraud

When markets run rampant so does fraud.  Fraud in real estate is nothing new nor is fraud in the mortgage industry.  It has been around long before the “bubble” began.  In fact, fraud exists most everywhere but the last place you expect to find it is in our legal justice system.

Attorneys, while not always enjoying a very good reputation, are, in fact, “officers of the court”.  By this virtue, it would appear that they are people you can “trust” and again, in fact, are the ones you turn to as “trusted” practitioners of the law.  They are there to “protect” you and your money.

Not always have attorneys been trustworthy.  Many have often misused funds entrusted to them by us and placed in their Trust Accounts.  Even with very stiff legal penalties – jail time – and loss of their license to practice law, many gambled and lost.

Now comes a new wave of attorney fraud in the rapidly increasing foreclosure business by those representing the banks or servicing companies.  There is not only thousands to be made prepresenting a bank in foreclosure, there seemingly is many more thousands available by speeding up the foreclosure process often using fraudulent means.

 This is a story of just one such law firm – The law offices of David J. Stern of Plantation, Florida who also has offices in Tampa.

House Flipping Makes A Comeback In Florida Foreclosed Homes Sold On Court House Steps for Cash, David J. Stern Law Office Forecloses Buys and Flips for Profit, FBI Needs to Investigate.

In this article you will see how this firm allegedly conspired with a process seriving company to back date summons service which is very definitely against the law.  You will also see how this firm employs attorneys who also hold real estate licenses and participate in notifying investor clients(?) about upcoming foreclosure sales at the courthouse and then allegedly participating in “kick back”.

To be sure, there are many law firms – many called foreclosure mills – who violate the law, commit fraud and perjury to effect “rocket docket” type foreclosure actions for their client banks.

You see, the faster they can effect a foreclosure for a client bank, the more business they get from that bank.  It all comes down to dollars and cents (or is the word nonsense?).  But even with evidence against them, sanctions by the courts against them and investigations into their actions by the Bar Association, litte, let me say it louder LITTLE is ever done to punish them.

Attorney fraud is a growing enterprise amongst these “mills”.  Make no mistake about it.  I know of several who have lied at hearings, falsely answered interogatories and failed to follow proper procedure in the courts. 

You might think that once these actions are discovered or brought to the attentionn of the court, the judge would take appropriate action to “serve and protect” the public, but many, too many don’t.  They just allow these abuses and unlawful acts just to ease their work load.  One such major “turn the other way” action by many judges is to not uphold the “rightful party in standing” law whereby the plaintiff must prove that they are the right party to bring the action.  We all know that you must prove ownership of a morttgage note in order to sue.  We also know that most plaintiff’s don’t own the note therefore do not have the right to bring the acition against you in court.

So perhaps I should have titled this post, “Fraud in the Justice and Court System”.

We must all take it upon ourselves to fight back.  We cannot depend on a fair and equitable legal system to protect us.  Government does not protect us.  Only we can protect ourselves. 
Read the full article above…click here  It is written by a Private Investigator (PI)

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Comments

  • L.Fitzgerald  On February 3, 2010 at 9:37 AM

    I have sent the following letter to our Florida Legislators . You are welcome to copy -paste and customize it any way you like . AS homeowners we can’t fall asleep while the fox is circling the hen house.

    To : Florida State Legislature

    From : A Florida Resident ___________________

    Ref: The Florida Bankers Association 400-member

    bankers association Proposal to change the

    foreclosure laws in the state of Florida into a non-

    judicial State.
    ____________________________________________________________________

    It seems the Bankers Association is trying to push legislation that only benefits the

    Bankers..“ The Florida Bankers Association would prefer that foreclosures skip the

    auction process and the courts entirely”.

    It would become a much easier transaction , and a fast-tact tactic for the “ Banks or

    Lenders “to continue committing fraud against helpless and un-represented

    homeowners who can’t afford the cost of attorney fees.

    These “ Bankers or Lenders “ and their “ Foreclosure Mills” have foreclosed on

    thousands of homes ..with out the proper documentation , or with fabricated

    paperwork.

    It is a known fact that all these mortgage loans have been paid off by the wall street

    credit default swaps , A.I.G., AMBAC insurance policies , Hedge funds ,and the

    American Taxpayer/ Federal Govt. funds with those trillion dollar “ Bail outs.”

    These Banks have been paid many times over for the mortgage loan that defaulted , yet

    they want it all. The money that they already received , and the house. for a massive

    windfall in their favor. These mortgage loans were financed by the investors, who are the

    real lenders. These Banks were middle men that facilitated the loan transactions.

    They have no real interest in these loans . They

    have made billions in profit with the

    “ Wall Street Securitization scam “ and are stealing again from both the

    homeowners and the investors.

    We are reading in the newspaper’s , in the internet legal websites .and internet

    “Attorney and Legal “ Blogs. of the many courts rulings that are finding that fraud is

    running amuck in the Circuit Court foreclosing proceedings .

    If a Florida Legislator joins the Banks with their intensions of transforming the state of

    Florida into a non- judicial state and votes in favor for this unjust law , we will all know

    that the Legislator has bought and sold to the “ Wall Street Bankers & Lenders”

    Soon this massive fraud and grand theft of the homeowners of America , by these “Wall

    Street Bankers” will be know to the general public.

    The Outcry will be heard from coast to coast , and the lawmakers will be considered

    accomplices, and facilitators’ of this massive fraud.

    L FitzGerald

    Foreclosed Homeowner

  • DinSFLA  On February 3, 2010 at 8:27 PM

    YUP my foreclosure with David J. Stern is FRAUD…stemming from the Assignment Of Mortgage (1) Indymac Bank Vice President Signing on behalf MERS etc…Erica Johnson-Seck , Roger Stotts , Dennis Kirkpatrick all appear on Public Records hundreds of times. The Note Owner is Deutsche Bank National Trust. But the Judge refused to hear my argument of Fraud. Thank you Judge Dale Ross….Yes Google this man in Broward County. I think there needs to be an FBI investigation done with all these Parties.

  • DinSFLA  On February 10, 2010 at 12:01 PM

    I have made several videos demonstration how they are taking our homes via FRAUD via Foreclosure Mills like the Law Offices Of David J. Stern in Plantantion FL 33324.

    Please help spread this message out.

    http://www.youtube.com/user/DinSFLA

  • Rob Harrington  On February 21, 2010 at 10:29 AM

    Looking for all WAMU homeowners who believe WAMU defrauded them (and JPMorgan Chase potentially aided and abetted their fraudulent lending.) Have we got great news for you!!! Bring your f/c defense attorney with you (or we will help you find one.) We are gathering at their gate with pitchforks, torches, and lawsuits galore!

    Rob Harrington
    850 259-6422
    crharrington@cox.net

  • Rob Harrington  On April 17, 2010 at 11:24 PM

    666(?) pages of the Seanate Subcommittee’s findings regarding WAMU’s lending fraud spree… read it and give this to you attorney… happy hunting. Don’t forget to research JPMOrgan Chase, OTS and FDIC!

    http://hsgac.senate.gov/public/_files/Financial_Crisis/041310Exhibits.pdf

    Rob Harrington
    co-founder – National WAMU Homeowners Support Group
    crharrington@cox.net

  • Three Angry Women in Cincinnati  On October 19, 2010 at 8:58 PM

    Amen, for this article. If our houses were taken by gunpoint,although hard to accept,we could understand. But to have our houses taken illegally by judges, and lawyers, for their own personal enrichment, is hard to accept. There is so much more that hasn’t come out, yet. Keep up the good work, and thank you for this article. These practices are rampant in Ohio.

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