Haven’t heard much about David J. Stern lately, but remember David Stern ran one of Florida’s most prolific foreclosure mills.
Not much in the way of sanction or penalty or punishment for the chaos the collapse of his firm has caused and no one really talking about the fact that clients suing attorneys is a big, big, very big deal.
Here are excerpts from the complaint:
causing and/or permitting DJSPA”Ÿs employees to execute, witness and/or notarize assignments of mortgage that were back-dated;
(ii) causing and/or permitting DJSPA”Ÿs employees to witness and/or notarize assignments of mortgages, affidavits of indebtedness and/or other affidavits on a daily basis prior to and without actually witnessing execution of the document by the person whose signature was to be witnessed and/or notarized;Case 0:11-cv-61526-MGC Document 13 Entered on FLSD Docket 07/15/2011
(iii) causing and/or permitting DJSPA”Ÿs employees to prepare and execute affidavits of indebtedness for submission to the foreclosure court that failed to follow appropriate professional practices and procedures;
(iv) causing and/or permitting DJSPA”Ÿs employees to sign the name of another person on foreclosure-related documents without any indication of that fact on the documents;
(v) charging clients such as GMACM substantial fees and costs for legal services that DJSPA knew or should have known fell below the minimum standard of professional care owed by DJSPA.
19. Upon information and belief, Stern himself has admitted that allegations made about DJSPA”Ÿs improper procedures are true.
20. In light of the on-going investigations by the Florida Attorney General, as well as other events and information, GMACM contacted DJSPA and conducted an on-site review of many of GMACM”Ÿs files maintained by DJSPA.
21. On or about November 16, 2010, GMACM terminated its relationship with DJSPA and sought to recover its files from DJSPA.
22. DJSPA refused to release any files to GMACM until GMACM placed funds allegedly owed to DJSPA into escrow. In order to obtain its files as quickly as possible, GMACM agreed to this arrangement, without conceding that any amounts were owed to DJSPA.
23. Since recovering its files from GMACM, GMACM has expended significant time and money transitioning files to other law firms. Upon information and belief, GMACM has expended over $1.5 million in order to recover and transition files previously handled by DJSPA.
24. Because of its concern over the allegations and evidence of unprofessional practices followed by DJSPA, GMACM directed these newly-assigned law firms to review the recovered files and to take appropriate steps to attempt to remedy errors committed by DJSPA, as well as re-initiating foreclosure proceedings, in whole or part, due to concerns over the
Case 0:11-cv-61526-MGC Document 13 Entered on FLSD Docket 07/15/2011 documents previously filed by DJSPA.
25. GMACM has since learned that DJSPA committed gross malpractice in the handling of GMACM matters. For example, in one foreclosure matter assigned to DJSPA for handling, DJSPA failed to communicate to GMACM that counterclaims had been brought. Indeed, DJSPA neglected to put forward any defense to such counterclaims, with the result that a default judgment was entered on or about May 5, 2011 for over $450,000. DJSPA”Ÿs conduct in this and other instances has been wanton or reckless.
I am waiting, hoping, the same thing happens to Ben Ezra & Katz PA. Could not happen to nicer people.
DJS is free and not in jail because the Florida Bar is gutless. You cannot say that Mr. Weidner or they would slap you down to hades, but I can say it. I see the Florida Bar as a fox hole of shyster lawyers and judges. It is a rotten shame that I as a citizen who should be able to respect the law profession, must now be demanded and required to accept the level of shysterism in the members of the Florida Bar as the most perfect and benificial level of honorable conduct of lawyers in the State of Florida. The Florida Bar needs a new head. It needs men and women who are honest and fair. And it needs experts in law who will not allow the big banks to come in a gut the legal system and dirty up the land records. Right now, the Attorney General is a big pie in the face of the Florida legal system. Mrs Bondi needs to resign. So does the head of the Florida Bar. Look, if some $25k out of law school attorney can put together a compelling case against DJS and we do not have one equat in the AGs office on at the Florida Bar, then the legal system in Florida is the same as a bankrupt prostitute. Words here I know with bark in them. But it is how I feel. It is a low down shame that all the good lawyers in Florida will be looked upon with scorn and contempt and as shysters when they do not deserve this attitude. What is the Florida Bar doing to make the image of attorneys respectable? And what are they doing to put men like DJS in jail were he belongs?
You are right, both of these dirty bastards need to be destroyed, stern and his lawers need to be fined and locked up, GMAC needs to just go away and all of the big wigs go to jail, as far as the st att gen yeah they have screwed up ,i just uncovered in my case where they dropped the ball back in 2003 and didnt investage my claims even when gmac addmitted they messed up my account but the att gen did NOTHING, its time we the public stop taking one for the team and fight the coruption in this country.
GMAC Mortgage, which engaged in its own creating its own false affidavits, forged endorsements and fraudulent assignments is suing it law firm for doing the same. What does resonate, on a quick review of the answer and counterclaim, is the allegation of withholding of client files and failure to notify the client of a counterclaim. The reply to the counterclaim should be revealing.
Let us not forget that GMAC Mortgage is a loan servicer, not the lender. It services securitization trusts and employed robosigners, including Jeffrey Stephan, to do exactly what it complains DJSPA did: the creation of documents to make it appear that GMAC Mortgage had standing to sue. I look forward to seeing the reply to the counterclaims.
My personal favorite pleading of all time: “Upon information and belief, Stern himself has admitted that allegations made about DJSPA’s improper procedures are true.”
GMAC just made David J. Stern a material witness when foreclosure defense lawyers plead unclean hands in any past or present GMAC or Stern case. They must know this obliterates any privilege claim.