Foreclosure Defense Florida

Are The Jeffrey Stephan Affidavits The Beginning of The End for Foreclosures in Florida?

By September 21, 20105 Comments

foreclosure-attorney-floridaThe stunning reports from across the state that Florida Default Law Group was “withdrawing” affidavits that were submitted in foreclosure cases signed by Jeffrey Stephan are just mind blowing.   I’ve posted two depositions below.   What we’re all trying to figure out is just what this all means.   The Rule of Professional Conduct cited by the law firm as the basis for withdrawing the affidavits is very serious and citing it has profound consequences.   Here is the rule:

RULE 4-3.3 CANDOR TOWARD THE TRIBUNAL

(a) False Evidence; Duty to Disclose. A lawyer shall not knowingly:

(1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer;

(2) fail to disclose a material fact to a tribunal when disclosure is necessary to avoid assisting a criminal or fraudulent act by the client;

(3) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or

(4) offer evidence that the lawyer knows to be false. A lawyer may not offer testimony that the lawyer knows to be false in the form of a narrative unless so ordered by the tribunal. If a lawyer, the lawyer’s client, or a witness called by the lawyer has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures including, if necessary, disclosure to the tribunal. A lawyer may refuse to offer evidence that the lawyer reasonably believes is false.

(b) Criminal or Fraudulent Conduct. A lawyer who represents a client in an adjudicative proceeding and who knows that a person intends to engage, is engaging, or has engaged in criminal or fraudulent conduct related to the proceeding shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.

(c) Ex Parte Proceedings. In an ex parte proceeding a lawyer shall inform the tribunal of all material facts known to the lawyer that will enable the tribunal to make an informed decision, whether or not the facts are adverse.

(d) Extent of Lawyer’s Duties. The duties stated in this rule continue beyond the conclusion of the proceeding and apply even if compliance requires disclosure of information otherwise protected by rule 4-1.6.

By filing these notices across the state the foreclosure mills have opened up a Pandora’s box big enough to fit every single foreclosure courtroom in the State of Florida, perhaps even the country.   Just what is the magnitude of these disclosures?   How many were sent out?   Are the notices limited to Jeffrey Stephan?   To GMAC?   To just this law firm? Finding out the answers to these important questions should keep this nation’s best and brightest reporters and journalists busy for quite some time.   Whatever the answers to those questions, the implications are so profound.

I have been saying for months now, and I will state again for the record that,

“IN THE VAST MAJORITY OF FORECLOSURE CASES, THERE IS NOT A SINGLE PIECE OF CREDIBLE, ADMISSABLE EVIDENCE UPON WHICH A COURT SHOULD RELY TO GRANT SUMMARY JUDGMENT”

Let me add to that statement the following:

“THERE ARE TENS OF THOUSANDS OF FORECLOSURE JUDGMENTS AND TITLES TO FORECLOSED PROPERTIES THAT ARE VOID OR VOIDABLE AND WILL BE CHALLENGED AND TOSSED OUT WHEN THE GLARING ERRORS THAT HAVE BEEN COMMITTED ARE PURSUED AFTER THE FACT.”

And the following:

“IF THE FLORIDA ATTORNEY GENERAL CONTINUES TO AGGRESSIVELY PURSUE ALLEGATIONS OF FRAUD AND DECEPTIVE PRACTICES IN FORECLOSURE CASES, THE RESULTS WILL BE A BROAD INDICTMENT OF THE FAILURES OF FLORIDA’S ENTIRE COURT SYSTEM.”

I am so profoundly disappointed that the charges that will come will not come because our judges stood up and put an end to it all.   They will not come because the Florida Bar took a leadership role and took a stand to protect consumers and they will not come because law enforcement, legislators or consumer protection agencies and official stepped in.   They will come because the perpetrators and purveyors of this flawed system turned on themselves.

But most importantly, it will come because our press is doing their vital and essential function of raising the alarm bells and sounding the alarm of a crisis that is unfolding that affects us all.

GOD BLESS OUR FOREFATHERS FOR UNDERSTANDING THE CRITICAL IMPORTANCE OF A FREE PRESS!

stephan

stephan2

5 Comments

  • ForeclosureHamlet says:

    I personally have presented this information to the Florida Bar and the Palm Beach County Bar.

    Lots of emails & then there was this May 18thpresentation of these serious issues:

    https://4closurefraud.org/2010/05/19/palm-beach-county-bar-association-professional-committee-thank-you-for-listening/

    Lisa
    ForeclosureHamlet.org

  • commit11 says:

    Here’s another thought. We need to do more depos. In my case, there is an assignment that was created after the action was filled and is clearly fraudulent. It is signed by two current employees of J.P. Morgan Chase as vice-president and asst. vice president of Home Savings of America, a company that ceased to exist 12 year ago. In addition, the assignment alleges to be a direct assignment from Home Savings of America to J.P. Morgan Chase which is a physical impossibility and other filings by the Plaintiff and their answers to request for admissions prove that the assignment is fraudulent.

    Does the Judge care? No! Do the fraudsters at the Florida Default Law Group that created and filed the document care? No! Does the Plaintiff care? No! They know that at worse they might lose the case and at best they will get my house even though they lack standing and have filed with the court and in pubic records a document that is fraudulent. If I did that, I would end up in jail.

    If we all begin to take the necessary legal action to hold the Plaintiffs, their robo-signers, and the fraudsters at the mills, to account and if they faced civil and criminal penalties for their actions, things would change real fast. If we all work together and take this action, share the depos from case after case, and pursue civil and criminal actions against the perpetrators of this fraud, I believe we will be able to strike fear into the hearts of the heartless and turn the tide in this war. We must use every tool available and it is long past time that we go on the offensive and file lawsuits, both individual and class action, and lodge criminal complaints where there is evidence of intentional fraud.

  • alrady says:

    MATT here in AZ our local pro se groups have been addressing this (showmetheloan.net) and across the nation (yahoo groups mortgage-challenge).

    I too blog and you are on my twitter feed. I know that GMAC has backed off their statements but this is as you said a PANDORA’s BOX especially for you guys in Florida. I personally plan on printing out your statement here adn reading it to our judge as GMAC tries to lift their stay in our BK action.

    Keep up the good work. I know that many of the banks do this same thing. Bank of America, or BNY did this with our trustee sale documents.

    They have frauded the courts, they have committed fraud by filing FALSE documents in county recorders office and they have frauded insurance companies by collecting insurance money based on fraud. There is bunches of other crimes too…. involved with all of this. can we spell RICO

  • bmurphy says:

    The question is, when will they catch on and start coaching the robo signors so they know how to answer the questions?

  • litgant says:

    If only we had a right to sue the courts.

    Lit Gant

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