Matt Weidner – Fighting For The American People

Posts Tagged ‘david stern foreclosures’

The following post comes from the blog: Mandelman Matters:

I encourage you to log on and subscribe to his blog to read the entire article, his post starts below:

Stern is emblematic of everything that’s ugly and wrong with the mortgage banking and finance industries in this country.  Whether all the allegations about him are true is irrelevant.  In my view, he’s an unethical, arrogant, abusive and callous piece of itinerant garbage who obviously cares nothing about who he harms as he pursues his sole objective of putting people out of their homes as quickly as possible… the sort of person that I personally might gladly go pay-per-view to watch get hit by a fast moving city bus.

Stern’s firm has been accused of gouging homeowners trying to get out of default, as exemplified by the 1998 class action lawsuit filed by Tallahassee attorney, Claude Walker on behalf of tens of thousands of homeowners alleging that Stern piled on excessive fees when they were trying to keep their homes.  Stern settled the case for $2.2 million after a couple of years, and both the Florida Supreme Court and Florida State Bar Association reprimanded him for “professional misconduct,” related to the case.

Now that Florida has a new Attorney General, the question everyone is asking is just how aggressively will she pursue the investigation?  I believe she will move even more aggressively than former Attorney General Bill McCollum…I don’t believe she has any choice but to move even more aggressively.

In support of this argument, I invite you all to consider all that we’ve learned just since the investigations were announced just a few short months ago.  Think of all the details that have emerged in the national and even international press.  Consider the details contained within the deposition transcripts….There really is no turning back.

Attached below is a transcript from a hearing that was recently held in Broward County.  Stern’s defenders were arguing (presumably with a straight face) that the Florida Attorney General did not have the authority of jurisdiction to investigate the law firm.  The AG’s attorneys and investigators responded by providing details of the hundreds of complaints investigators had been receiving from all across the state.

Read the transcript carefully and consider the case the Florida Attorney General has already built against these firms.

sternhearing

The following link needs no commentary from me…just keep the images that are in the following link in mind in the weeks to come…

MOTHER JONES HERE

The bombshells are going to start falling like infantry fire on a battlefield….there are consequences for lies and fraud and open deceit….

Judges can either ignore the blatant lies, fraud and deceit or they can enter the Orders just like this one.  If they enter Orders like this it will be a sign to the American people that there is some fairness and equity left in this country.  All it takes is a few mortgages being wiped out as a penalty for fraud and deceit before the world will really, really take notice of the battle we’ve all been fighting for so many years.

This is not just about fighting for individual homes in foreclosure, it’s about fighting for the heart and soul of America.  There must be some victory for the Common Man and Orders like this are it….

BOMBSHELLORDER

Our entire justice system is based on the quaint notion that lawyers and their employees, like process servers, are telling the truth.  Here’s a big secret…….THEY’RE NOT ALL TELLING THE TRUTH.

The depositions from David Sterns’ employees describe disturbing, systemic failures and abuses of the system and reports rolling in from all over the state of flawed Service of Process and no notice of hearings and proceedings are very disturbing.  Process servers are not delivering proper service on Defendants and some of the foreclosure mills in some cases are not sending notices of hearings and other pleadings to defendants.  Any defense practitioner can cite any number of cases where they are not receiving hearing notices and pleadings….and if it’s happening when  a Defendant is represented by counsel, what do you think is happening to unrepresented people?  Let me sketch this out on a chart….

No Service of Process = No Due Process

No Service of Process = The Homeowner Still Owns The Home

Homeowner Ownership Claims = Massive Title Insurance Claims

Massive Title Insurance = Insolvency of the Title Insurance Market

Just wait until the smaller local press picks up on these issues and starts advising the minority members of the community about their Constitutional Right to Due Process. (The minority communities are going to be hardest hit by abuses by the process servers and the trash out companies.)  It’s going to be hard to explain how Rosita Diaz got served on January 1, 2009 in Miami Dade when she just happened to be in Puerto Rico at the time.  Process in some cases is just thrown on doorsteps or tossed at strangers….but we know that in too many cases, the process servers have abused the process.  Forget about Robo Signers, Sewer Servers are where the real title claims are going to come from and you cannot just ignore those issues.

Attached below is an example of claims of no service based on a local attorney who I know well.  I am certain that this attorney has absolute confidence and belief in his client’s claims and we are going to see many more such claims going forward.  Remember, there are no statues of limitations on No Service of Process claims and that any Final Judgments or Titles to property based on fraudulent service of process is void.  I expect that we’re going to hear wild stories and see quite a bit of documentation that will show just how out of control and flawed the process servers have become in the middle of this foreclosure chaos…..

NoService

Wow….just Wow…..

sternscottdeposition

sterrncordovadepo