Matt Weidner – Fighting For The American People

Posts Tagged ‘anthony rondolino’

Congratulations to Ice Legal for really being on the front lines of the fight to ensure basic rights and the rules of the courts are respected and thanks to Mike Dillon for the early morning heads up on the story.

Now the national media is picking up on what all of us have known for far too long…..the rich foreclosure barons are shoveling in millions of dollars and abusing courts and homeowners in the process.

One of my questions is how courts can continue to sanction the conduct reported in this article?  How can our federally-backed lenders and servicers continue to sanction such conduct?  It’s a terrifying commentary on what our country has become when the conduct reported in this article has become so institutionalized that it’s widely accepted.  We should all be reminded that this fight we’re in is a fight for the very heart and soul of this country and our courts.  There are judges that “get it”.  (Note that one of Pinellas County’s great judges Hon. Anthony Rondolino is quoted prominently in the article.)  There is a small but growing band of activists that are sounding the alarm bells.

Let’s just hope this evil fire gets extinguished before we reach a point of catastrophic no return….if we have not already.

Read on.  Visit the Mother Jones website for the full story.

— Illustration: Lou Beach

How the federal housing agencies—and some of the biggest bailed-out banks—are helping shady lawyers make millions by pushing families out of their homes.

Advertise on MotherJones.com

A Florida notary’s stamp is valid for four years, and its expiration date is visible on the imprint. But here in front of Ice were dozens of assignments notarized with stamps that hadn’t even existed until months—in some cases nearly a year—after the foreclosures were filed. Which meant Stern’s people were foreclosing first and doing their legal paperwork later. In effect, it also meant they were lying to the court—an act that could get a lawyer disbarred or even prosecuted. “There’s no question that it’s pervasive,” says Tom Ice of the backdated documents—nearly two dozen of which were verified by Mother Jones. “We’ve found tons of them.”

This all might seem like a legal technicality, but it’s not. The faster a foreclosure moves, the more difficult it is for a homeowner to fight it—even if the case was filed in error. In March, upon discovering that Stern’s firm had fudged an assignment of mortgage in another case, a judge in central Florida’s Pasco County dismissed the case with prejudice—an unusually harsh ruling that means it can never again be refiled. “The execution date and notarial date,” she wrote in a blunt ruling, “were fraudulently backdated, in a purposeful, intentional effort to mislead the defendant and this court.”

More often than not in uncontested cases, missing or problematic documents simply go overlooked. In Florida, where foreclosure cases must go before a judge (some states handle them as a bureaucratic matter), dwindling budgets and soaring caseloads have overwhelmed local courts. Last year, the foreclosure dockets of Lee County in southwest Florida became so clogged that the court initiated rapid-fire hearings lasting less than 20 seconds per case—”the rocket docket,” attorneys called it. In Broward County, the epicenter of America’s housing bust, the courthouse recently began holding foreclosure hearings in a hallway, a scene that local attorneys call the “new Broward Zoo.” “The judges are so swamped with this stuff that they just don’t pay attention,” says Margery Golant, a veteran Florida foreclosure defense lawyer. “They just rubber-stamp them.”

But the Ices had uncovered what looked like a pattern, so Tom booked a deposition with Stern’s top deputy, Cheryl Samons, and confronted her with the backdated documents—including two from cases her firm had filed against Ice Legal’s clients. Samons, whose counsel was present, insisted that the filings were just a mistake. She refused to elaborate, so the Ices moved to depose the notaries and other Stern employees whose names were on the evidence. On the eve of those depositions, however, the firm dropped foreclosure proceedings against the Ices’ clients.

It was a bittersweet victory: The Ices had won their cases, but Stern’s practices remained under wraps. “This was done to cover up fraud,” Tom fumes. “It was done precisely so they could try to hit a reset button and keep us from getting the real goods.”

Backdated documents, according to a chorus of foreclosure experts, are typical of the sort of shenanigans practiced by a breed of law firms known as “foreclosure mills.” While far less scrutinized than subprime lenders or Wall Street banks, these firms undermine efforts by government and the mortgage industry to put struggling homeowners back on track at a time of record foreclosures. (There were 2.8 million foreclosures in 2009, and 3.8 million are projected for this year.) The mills think “they can just change things and make it up to get to the end result they want, because there’s no one holding them accountable,” says Prentiss Cox, a foreclosure expert at the University of Minnesota Law School. “We’ve got these people with incentives to go ahead with foreclosures and flood the real estate market.”

Stern’s is hardly the only outfit to attract criticism, but his story is a useful window into the multibillion-dollar “default services” industry, which includes both law firms like Stern’s and contract companies that handle paper-pushing tasks for other big foreclosure lawyers. Over the past decade and a half, Stern has built up one of the industry’s most powerful operations—a global machine with offices in Florida, Kentucky, Puerto Rico, and the Philippines—squeezing profits from every step in the foreclosure process. Among his loyal clients, who’ve sent him hundreds of thousands of cases, are some of the nation’s biggest (and, thanks to American taxpayers, most handsomely bailed out) banks—including Wells Fargo, Bank of America, and Citigroup. “A lot of these mills are doing the same kinds of things,” says Linda Fisher, a professor and mortgage-fraud expert at Seton Hall University’s law school. But, she added, “I’ve heard some pretty bad stories about Stern from people in Florida.”

While the mortgage fiasco has so far cost American homeowners an estimated $7 trillion in lost equity, it has made Stern (no relation to NBA commissioner David J. Stern) fabulously rich. His $15 million, 16,000-square-foot mansion occupies a corner lot in a private island community on the Atlantic Intracoastal Waterway. It is featured on a water-taxi tour of the area’s grandest estates, along with the abodes of Jay Leno and billionaire Blockbuster founder Wayne Huizenga, as well as the former residence of Desi Arnaz and Lucille Ball. (Last year, Stern snapped up his next-door neighbor’s property for $8 million and tore down the house to make way for a tennis court.) Docked outside is Misunderstood, Stern’s 130-foot, jet-propelled Mangusta yacht—a $20 million-plus replacement for his previous 108-foot Mangusta. He also owns four Ferraris, four Porsches, two Mercedes-Benzes, and a Bugatti—a high-end Italian brand with models costing north of $1 million a pop.

Despite his immense wealth and ability to affect the lives of ordinary people, Stern operates out of the public eye. His law firm has no website, he is rarely mentioned in the mainstream business press, and neither he nor several of his top employees responded to repeated interview requests for this story. Stern’s personal attorney, Jeffrey Tew, also declined to comment. But scores of interviews and thousands of pages of legal and financial filings, internal emails, and other documents obtained by Mother Jones provided insight into his operation. So did eight of Stern’s former employees—attorneys, paralegals, and other staffers who agreed to talk on condition of anonymity. (Most still work in related fields and fear that speaking publicly about their ex-boss could harm their careers.)

For the rest of the article, click here.

According to many metrics, the St. Petersburg Times is one of this country’s best newspapers.  The journalists working for this publication have receive independent awards and recognition from organizations all over the world and the subjects covered in this important paper are considered by important policy makers all over the country.  So when this important paper continues to report on the foreclosure issues we see everyday, it serves as a battle cry or a wake up call to the larger community.

Lately we’ve all been talking a lot about affidavit, assignment and notary fraud. I’ve been vocal about the fraud that permeates this whole foreclosure crisis as have many other attorneys and advocates.  Today’s article in the St. Petersburg Times is evidence that the larger community is taking notice of our legitimate concerns.  Oh and the quote a above….that’s one from one of the toughest judges in the Second Circuit, Hon. Anthony Rondolino.  I encourage everyone to read the transcript I’ve attached below from a hearing in his courtroom where he expresses his growing frustration with the practices of the foreclosure mills.  The transcript shows real judicial muscle being applied to the foreclosure process….and that muscle works on both sides of the argument….so whatever side you’re arguing, don’t step into his courtroom unless you’re prepared to engage in real legal argument and work.

With all the being said read the entire article here. Have a look at the documents that are posted with the article.  For those of you in other communities, print out this article and ask your judges, your reporters and other activists why they are not showing the same concern that the policy makers and reporters in this community have shown. While the questionable actions described in the article are instituted in Pinellas County, the questionable documents produced are used to obtain foreclosures all across the country.

Brian Bly

WHEN WILL WE ALL SCREAM LOUD ENOUGH TO DEMAND AN END TO THE WIDESPREAD FRAUD AND RECKLESS ABUSES OF CORPORATIONS THAT ARE TEARING DOWN THE VERY FABRIC OF THIS COUNTRY?

Courts now across the country are starting to recognize that the affidavits and other documents submitted to them do not meet even the most basic evidentiary requirements.  I am of the opinion that affidavits which are hearsay on their face and which do not contain any copies of the “books and records” to which they refer, should be rejected by the court and summary judgment should not be granted in such cases even if the case is unrepresented.

Please read transcript from Pinellas County Judge Anthony Rondolino here where the judge cites the body of case law dealing with hearsay affidavits.  Next, read an excellent opinion here from the Honorable Samuel Bufford where he explains the requirements that must be met to overcome an objection that affidavits of amounts due and owing are hearsay.  Pay particular attention to ELEVEN step process that a proponent of a computer record must take in order to have computer records admitted into evidence over a proper hearsay objection.

NOW ASK YOURSELF, IF PLAINTIFFS WERE REQUIRED TO FIGHT HEARSAY OBJECTIONS, JUST HOW MANY FORECLOSURE

CASES WOULD THEY SUCCESSFULLY COMPLETE?

Viscaro Transcript

IN RE FORFEITURE OF 1998 FORD PICKUP

Sarasota Tribune Article Recognizes the Unethical Conduct of Foreclosure Mill Attorneys

If you’re an attorney or other advocate involved in defending homeowners or consumers, you should be acutely aware of the difficulties lenders or creditors face in trying to obtain foreclosure or judgments that entitle them to collect the debts.  The bottom line is that in the vast majority of cases,

Plaintiffs trying to foreclose or collect debts have absolutely no admissible evidence that a court could use t0 grant them a judgment.

This is so important I want to state it again.

Plaintiffs trying to foreclose or collect debts have absolutely no admissible evidence that a court could use t0 grant them a judgment.

If you don’t believe me, please read the following excerpt of an article that was written by a prominent Plaintiff’s debt collection attorney:

All of us know it is more difficult to collect purchased debt than originated debt by using the traditional legal collection
approach. The difficulties from a lawyer’s perspective lie mainly in problems of proof. A creditor that originates debt has
access to the documentation that courts require attorneys to introduce as evidence in order to obtain a judgment. Many debt
purchasers either do not have access to the source documents or can only obtain those documents at great cost. How then can
debt purchasers utilize the court system to collect debts that are legally due and valid? Ken Gelhaus reports that in New York
the problems of collecting on purchased debt have increased greatly in the last year. At one time in New York, court clerks
entered a default judgment on claims for “sums certain” without running the papers past a judge for review and signature. In
recent months, however, clerks are refusing to do so and requiring that a judge’s order granting default judgment be obtained.

The Full Article Can Be Found here

I wanted to emphasize that last paragraph for you.  That paragraph is a stunning admission that reflects what is still happening in foreclosure courts and other courtrooms all across the country.

COURTS CONTINUE TO GRANT SUMMARY JUDGMENT IN FORECLOSURE AND COLLECTIONS CASES WHEN THEY HAVE NOT A SINGLE PIECE OF ADMISSABLE EVIDENCE TO SUPPORT THE GRANT OF SUMMARY JUDGMENT.

I’ve examined thousands of affidavits to support foreclosure and I’ve seen very few that meet the most basic evidentiary basis to support summary judgment.  Some of the reasons are identified in the article described above, but there are others.  The bottom line is and let me state it again….

COURTS CONTINUE TO GRANT SUMMARY JUDGMENT IN FORECLOSURE AND COLLECTIONS CASES WHEN THEY HAVE NOT A SINGLE PIECE OF ADMISSABLE EVIDENCE TO SUPPORT THE GRANT OF SUMMARY JUDGMENT.

Some judges now get it and are starting to do something about it.  To refresh your memory, please review this recent post which details an article that appeared in the Wall Street Journal.  Importantly, take a moment to read this transcript from a hearing in front of Pinellas Judge Anthony Rondolino.  Note that this learned and experienced trial judge performed extensive research on the subject and essentially confirmed the serious problems Plaintiffs face in trying to obtain summary judgment.

Finally, I attach here a detailed Motion to Strike Affidavit that I have filed in a case which, in great detail, describes why the affidavits submitted in foreclosure cases are legally insufficient.  So what’s a crafty Plaintiff’s attorney or lender to do?  Well, right now they’re just trying to push through as many foreclosures as they can before more judges catch on to what judges in this circuit have learned.  But when courts finally shut down this evidentiary farce that’s occurring all across the country, they’re going to resort to other means….which brings us to the last exhibit in this post.

BEWARE OF ALL MODIFICATIONS!

Most mortgage modifications do very little, if anything to benefit the homeowner.  What they do accomplish however, in many cases, is the solve the Plaintiff’s very difficult evidentiary challenges. Remember the article above and how it details the challenges Plaintiff’s face in proving their foreclosure case.  The way they will seek to overcome these challenges is to enter the modifications or novation agreements as the proof they need to win their case…

And there you have it folks, that’s how the lenders will get their unwinnable case won!

Across this state judges, their assistants and clerks of courts are jumping to their feet, stopping what they’re doing and bending over backwards to meet the needs of the foreclosure mills who have dumped a big fat steaming pile of garbage in their chambers.

Such unprecedented–and unfunded–burdens are absurd in any case, but it is particularly absurd when one of the largest purveyors of this garbage and this mess–The Law Offices of David Stern in Broward County is apparently raking in obscene profits.

According to an article in the Tampa Tribune, David Stern’s Foreclosure Mill reported a $250 million profit since this crisis began.

A key message we’re bringing to Tallahassee today is we want our judges, their Judicial assistants, the Clerks of Courts and their staff to be properly funded.  I personally want to see the abuse of these public servants at the hands of the foreclosure mills stopped IMMEDIATELY.

The abuses are clear and well documented….for objective details of those abuses, read the Florida Supreme Court’s Task Force on Residential Mortgage Foreclosures.  For a start, let’s begin by canceling all telephone hearings.  Let’s enforce the rules in place that require ATTORNEYS TO MEET TO TRY AND RESOLVE ISSUES BEFORE HEARING.

and now the biggie…..

THE SUPREME COURT OF FLORIDA PASSED A RULE THAT THE FORECLOSURE MILLS HAVE DECIDED THEY CAN JUST IGNORE.

APPARENTLY, THE FORECLOSURE MILLS HAVE DETERMINED THAT MANDATORY RULES OF THE SUPREME COURT DO NOT APPLY TO THEM….

WRONG, THEY DO!

Today we will give our legislators the truth about foreclosure as practiced by the mills.  With that information, I want the Legislature to give our judges the political cover they need to understand this crisis.  Next, I want our legislature to properly fund our judges to give them and their staff the resources they need to do their jobs properly.

IT’S JUST THE RIGHT THING TO DO!