Posts Tagged ‘foreclosure fraud fight’
Critical Issues Update, THE POWER HOUR, DAVIS V. INDYMAC, TAYLOR V. DEUTSCHE BANK
Author: Matthew D. Weidner, Esq.
This is a critical week in the Foreclosure Fraud Fight, with the eyes of the nation focused on what’s happening in the Sixth Circuit of Florida. Thanks to Ice Legal, Foreclosure Hamlet, 4ClosureFraud, April Charney and all the JEDTI members who are helping to carry the load in these epic battles!
What Exactly is Fraud on the Court?
Author: Matthew D. Weidner, Esq.
As the Foreclosure Fraud Fight continues to heat up, we should all step back and talk about the words we’re using to make sure we are accurately describing the events and situations that we are referring to.
Yesterday I posted an Order signed by Judge Michael Traynor out of Jacksonville where he dismissed a case with prejudice filed by a foreclosure mill because the law firm misled the court about key facts in the case. In its order, the court questioned the authenticity of the documents filed in three separate foreclosure cases and noted that the documents changed three separate times in order to try and fit the facts as needed by the Plaintiff at each time and that assignements appeared and vanished as needed. The court did not use the words “fraud on the court”, but has scheduled an evidentiary hearing to examine how the facts and documents kept changing…the eyes of the Foreclosure Fraud Fighting Community will be on that courtroom…there’s even talk of members of the Foreclosure Fraud Fighting Community appearing in the courtroom to witness the events. From where I sit that may be more interesting than the OJ trial! Read the Order below and make your own conclusions:
Next, I encourage everyone to visit the 4ClosureFraud website for examples of documents that are clearly fraudulent on their face but have been submitted in courtrooms all across this state. I think we’re only just touching the tip of the iceberg in terms of the fraud that is being committed in courtrooms across this country in foreclosure cases. Questionable documents and documents executed with dubious authority may not rise to the level of fraud on the court but the more clear cut and egregious examples clearly do. The questions we need to be asking are:
1) Just how pervasive is the fraud being perpetrated in courtrooms all across the country?
2) What are the levels and seriousness of the fraud that is being perpetrated?
3) What are we as a society and as members of the Bar going to do about fraud?
FRAUD ON THE COURT- CASE DISMISSED! EVIDENTIARY HEARING TO DETERMINE POSSIBLE SANCTIONS ON FORECLOSURE MILL!
Author: Matthew D. Weidner, Esq.
For those fighting the good foreclosure fraud fight, this latest decision, just released today will really make your weekend!
Read the order in all its fine findings of fact and glory. This judge took the time to examine and document the fraud on the court and is following up his Order with an evidentiary hearing to determine whether to sanction the plaintiff or the plaintiff’s counsel.
What is so extraordinary about this order is it is in fact so extraordinary. There is so much fraud and abuse occurring in our court systems, but many judges are now taking notice and starting to do something about it. Decisions like this one should serve as an inspiration to all of those out there fighting the good fight to keep up the fight and keep working for outcomes like this.
Congratulations to First Class Foreclosure Fraud Fighter Jim Kowalski- GREAT JOB!
Foreclosure Defense Attorney WAR ROOM- Thursday, June 24th, Boca Raton
Author: Matthew D. Weidner, Esq.
Click here for the link to the Florida Bar’s Annual Meeting. The Florida Bar is starting to take notice of the very significant issues that the foreclosure crisis presents for all attorneys and for the judges of this state who are charged with upholding and protecting the rights of all consumers.
One of the reasons the Second District of Florida has such well-developed case law and such informed and proactive judges is members of the Foreclosure Defense Bar meet on a regular basis to discuss strategy, share case law and help refine our arguments before judges.
A key component of this WAR ROOM meeting will for attorneys from across the state to sit in a room and share our strategies and discuss how foreclosure cases are being handled.
The meeting will commence at 5:00 p.m. and will continue until at least 8:00 p.m. at the Boca Raton Grand Ballroom Room A. Mark your calendars and make plans to attend.
This meeting will be restricted to Foreclosure Fraud Fighters. Advanced registration will be required to ensure that all who attend the meeting are legitimate advocates for consumers and homeowners. A small fee will be collected from each attorney who attends this session to help support the larger goals of foreclosure defense.
Homeowners and other advocates are encouraged to visit the Foreclosure Hamlet website at www.foreclosurehamlet.org for important details about a meeting that they will hold on Friday, June 25, 2010 which will be focused on helping homeowners and advocates develop the skills they need to be powerful forces in the Foreclosure Fraud Fight!
We’re all working together here and producing good results…the more we stick together the better the fight becomes for all of us!
A Brilliant Foreclosure Dismissal By Foreclosure Fraud Fighter Jon Coats
Author: Matthew D. Weidner, Esq.
Jon Coats is a Pinellas County attorney and a dedicated friend in the Foreclosure Fraud Fight. In Pinellas County, we’re blessed with a very active, well-researched and supported foreclosure defense bar. The challenge for consumers looking for powerful advocacy in this area isn’t finding a good attorney, it’s deciding which of the many good attorneys to choose from.
A big part of the reason we see good decisions out of the courts in this Circuit is the defense attorneys who are making these arguments invest hours and hours and hours of time and money into the research necessary to properly prepare a case.
Coats’ work is an example of this preparation. As a foreclosure defense attorney, you don’t just slap something together…you nail all your facts down tight. You have the research on every single possible case that may come up or be useful in hearing and you prepare, prepare, prepare for these hearings. All of this shows respect for the court, for the judge, for the judicial assistant.
The good attorneys in this area have been doing all this for many months now. As a result of this research, preparation and effort, we are not just helping our clients, we’re helping our judges understand and see what’s happening in front of them….that’s our job as dedicated and committed members of this bar.
Read Jon’s Order carefully and use it as a model for your Orders…..congratulations Jon!
The Order is here and his website is here.
While Judges Suffer- David Stern One of Florida’s Largest Foreclosure Mills Profits BY MILLIONS!
Author: Matthew D. Weidner, Esq.
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!
