Foreclosure Defense Florida

Litigation Alert- Florida Default Law “Withdraws” Affidavits

By September 14, 20104 Comments

stephan-foreclosureOver the last week, I’ve received a very interesting pleading from the attorneys at Florida Default Law Group.   They are attempting to withdraw affidavits that have been submitted in cases by “Jeffrey Stephans”.   God only knows why they are taking this unprecedented step of trying to revoke or withdraw evidence that has been submitted in a court case, but these questions will be subject for interrogatories and depositions over the months to come.

Depending on the explanation given we will have to question whether Summary Judgments already entered based on those “withdrawn” affidavits should be set aside.   Whatever the explanation given, no further Summary Judgments should be entered in cases where affidavits of Jeffrey Stephans have been filed.   A real question has to be asked about whether these affidavits should just be permitted to be withdrawn with no consequence….

Keep on the lookout for these notices and look out for more information about this most interesting development and please share your intel with me!

Thanks to Ice Legal for originally sharing the deposition of Jeffrey Stephan.   One can only think that Ice’s good work has something to do with this new development.   Read Stephan’s depositions below:




  • ForeclosureHamlet says:

    In progress: “Anthology of the Works of a Prolific Robosigner: Jeffrey Stephan” on Foreclosure Hamlet:


  • steven0329 says:

    This law firm filed a lawsuit against us in November 2007 on behalf of US Bank As Trustee (never disclosed who it was acting as Trustee for) on basis of destroyed/lost note and so-called affidavits by firm. Couldn’t afford attorney at that time but argued some of what we knew on our own. Several months later, the servicer changed and all of a sudden they mysteriously produced the alleged original Note and Mortgage which the judge refused to let us inspect before issuing summary judgement against us in November 2008. We were able to keep our home but we knew there was fraud. Over a year later (Friday, January 8, 2010), we went to the courthouse to view copies of the alleged originals, at which time the clerk told us the court still had the originals in a box. We told her we wanted to inspect them for authenticity, and she said she would call us in a couple of days once the documents were pulled. The following Tuesday, January 12th, the clerk called and told us that they just so happened to have mailed the originals back to Florida Default “on the exact same day” (Friday) and stated we wanted to inspect them for authenticity. Someone didn’t want us to inspect those documents.

    We still wonder if we have recourse considering all of the fraud that has been disclosed since our case, which we could not have know about at the time.

  • steven0329 says:

    For the record, the new servicer in the middle of the foreclosure case was GMAC. It was right after GMAC became the servicer that US Bank suddenly produced the alleged original note and mortgage to the court, which we’ve never been permitted to inspect or have inspected by a forensics expert.

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