This Week on The Credit Report with Bill Lewis


Interesting guests and timely topics will be on AM 1470 WWNN the week of October 17th and The Credit Report with Bill Lewis.

Former prosecutor and Fort Lauderdale criminal defense attorney Jim Lewis will appear and discuss his candidacy for Broward State Attorney as the only Republican for this countywide office in 2012.

Davie Mayoral candidate Mike Crowley will appear and discuss his candidacy for mayor and his plan to create jobs by attracting high-technology business to Davie.

Foreclosure defense attorney Carlos Reyes will appear and discuss the latest developments in the “robo-signing” controversy and investigations started by the Florida Attorney General’s Office.

Chairman Richard Denapoli of the Broward Republican Party will appear and discuss Congressman Allen West’s appearance at the monthly meeting and the continuing commitment of the Broward Republican Executive Committee to ensure success in the 2012 presidential election.

Talk show host Steve Kane will appear and discuss his upcoming appearance at Wings Plus in Coral Springs and other initiatives of The Steve Kane Show on AM 1470 WWNN.

Florida’s 34th Senator and current U.S. Senate candidate George LeMieux will discuss his candidacy in the Republican race to replace Democratic Senator Bill Nelson.

Tom Lauder of RedBroward will appear and discuss his political blog where “Making Broward See Red” is not such a hard job.

Coral Springs Commissioner and mayoral candidate Vince Boccard will appear and discuss his decision to run for mayor of one of Money Magazine’s “100 Best Places to Live” across America – ranked first in the State of Florida and 44th on the overall list.

Talk show host and attorney Lisa Macci will appear and discuss her recent move to AM 1470 WWNN and “The Justice Hour with Lisa Macci.”

Criminal defense attorney John Contini will appear and discuss the importance of criminal history records sealing when seeking employment in tough economic times.

Republican Party of Broward County Executive Director Rico Petrocelli will appear and discuss initiatives to grow the local party and upcoming events.

The Credit Report with Bill Lewis is a daily forum for business and financial news, politics, economic trends, and cutting edge issues.  Bill can be heard weekday’s at 9 o’clock on AM 1470 WWNN in south Florida or by streaming audio at www.wwnnradio.com.  Phone lines are open at (888) 565-1470. 

This Week on The Credit Report with Bill Lewis


Interesting guests and timely topics will be on the air the week of September 12th on AM 1470 WWNN and The Credit Report with Bill Lewis.

Florida’s 34th Senator and current U.S. Senate candidate George LeMieux will discuss his candidacy in the Republican race to replace Democratic Senator Bill Nelson.

Commander Michael Calderin of Broward County Crimestoppers will appear and discuss the recent reenactment of the homicide of BSO Sgt. Chris Reyka and the $267,000 reward being offered in the unsolved murder of a policeman.

Foreclosure defense attorney Carlos Reyes will appear and discuss the latest developments in the “robo-signing” controversy and investigations started by the Florida Attorney General’s Office.

Talk show host and attorney Lisa Macci will appear and discuss her recent move to AM 1470 WWNN and “The Justice Hour with Lisa Macci.”

Tom Lauder of RedBroward will appear and discuss his political blog where “Making Broward See Red” is not such a hard job.

Chairman Richard Denapoli of the Broward Republican Party will appear and discuss Presidency 5 and the continuing commitment of the Broward Republican Executive Committee to ensure success in the 2012 presidential election.

Cooper City Commissioner John Sims will appear and discuss the David Nall libel litigation against the city as well as other local business.

Fort Lauderdale attorney Christine C. Gill will appear and discuss “September is National Coupon Month” and initiatives at maximizing your dollar when shopping for groceries and other household goods in tough economic times.

Broward Sheriff Al Lamberti will appear and discuss CyberVisor, the agency’s version of Twitter, and other initiatives of the largest fully accredited law enforcement agency in America.

Criminal defense attorney John Contini will appear and discuss the importance of criminal history records sealing when seeking employment in tough economic times.

Scott Spages will appear and discuss a special screening of the documentary: “Iranium the Movie” on Friday, September 16th at Calvary Chapel Ft. Lauderdale, under the Faith Forum program. 

Republican Party of Broward County Executive Director Rico Petrocelli will appear and discuss initiatives to grow the local party and upcoming events.

The Credit Report with Bill Lewis is a daily forum for business and financial news, politics, economic trends, and cutting edge issues.  Bill can be heard weekday’s at 9 o’clock on AM 1470 WWNN in south Florida or by streaming audio at www.wwnnradio.com.  Phone lines are open at (888) 565-1470. 

This Week on The Credit Report with Bill Lewis


Interesting guests and timely topics will be on the air this Labor Day week on AM 1470 WWNN and The Credit Report with Bill Lewis.

For Labor Day, Republican National Committee co-chair Sharon Day will appear and discuss the recent resignation of RPOF chairman Dave Bitner as well as Presidency 5 later this month in Orlando.

Following Sharon, we will have appearances by Commander Michael Calderin of Broward County Crimestoppers, Tom Lauder of RedBroward where “Making Broward See Red” is not such a hard job, and Florida’s 34th U.S. Senator George LeMieux.

The rest of the week will feature:

Foreclosure defense attorney Carlos Reyes will appear and discuss the latest developments in the “robo-signing” controversy and investigations started by the Florida Attorney General’s Office.

Broward Sheriff Al Lamberti will appear and discuss CyberVisor, the agency’s version of Twitter, and other initiatives of the largest fully accredited law enforcement agency in America.

Talk show host and attorney Lisa Macci will appear and discuss her recent move to AM 1470 WWNN and “The Justice Hour with Lisa Macci.”

Chairman Richard Denapoli of the Broward Republican Party will appear and discuss Presidency 5 and his endorsement of Republican Party of Florida vice-chair Lenny Curry to succeed the outgoing Dave Bitner.

Cooper City Commissioner John Sims will appear and discuss the David Nall libel litigation against the city as well as other local business.

Criminal defense attorney John Contini will appear and discuss the importance of criminal history records sealing or expungement when seeking employment in tough economic times.

Republican Party of Broward County Executive Director Rico Petrocelli will appear and discuss initiatives to grow the local party and upcoming events.

The Credit Report with Bill Lewis is a daily forum for business and financial news, politics, economic trends, and cutting edge issues.  Bill can be heard weekday’s at 9 o’clock on AM 1470 WWNN in south Florida or by streaming audio at www.wwnnradio.com.  Phone lines are open at (888) 565-1470. 

This Week on The Credit Report with Bill Lewis


Interesting guests and timely topics will be on the air this week on AM 1470 WWNN and The Credit Report with Bill Lewis.

Fort Lauderdale personal injury attorney David Singer will appear and discuss Tuesday’s “Up-the-River” Cruise on behalf of Jail and Bail as well as the Broward unit of the American Cancer Society.

Broward Republican Party Executive Director Rico Petrocelli will discuss Tea Party favorite Christine O’Donnell and her successful book signing last Thursday on behalf of the party at the Coral Ridge Yacht Club in Fort Lauderdale.  O’Donnell appeared to discuss her new book, “Troublemaker: Let’s Do What It Takes to Make America Great Again.”

Florida’s 34th Senator and current U.S. Senate candidate George LeMieux will appear and discuss his candidacy in the Republican race to replace Democratic Senator Bill Nelson.

Foreclosure defense attorney Carlos Reyes will discuss the latest developments and controversies surrounding the foreclosure crisis in Florida.

Davie Mayoral candidate Mike Crowley will appear and discuss his candidacy for mayor and his plan to create jobs by attracting high-technology business to Davie.

Fort Lauderdale criminal defense attorney John Contini will discuss the importance of the sealing or expungement of criminal history records when seeking employment in a tough economy.

Broward Sheriff Al Lamberti will appear and discuss Hurricane Preparedness and other initiatives of the largest fully accredited law enforcement agency in America.

Immediately following the Steve Kane Show on AM 1470 WWNN, The Credit Report with Bill Lewis is a daily forum for business and financial news, politics, economic trends, and cutting edge issues.  Bill can be heard weekday’s at 9 o’clock on AM 1470 WWNN in south Florida or by streaming audio at www.wwnnradio.com.  Phone lines are open at (888) 565-1470.

Foreclosure Fraud Case Settled at the Florida Supreme Court


In a matter of “great public importance” that has gone largely ignored this week, the high-profile foreclosure fraud case of Roman Pino versus The Bank of New York has been settled.  According to the Florida Supreme Court, the matter was dismissed upon Pino’s “Notice –Dismiss (Voluntary Stipulation)” on July 25th.

The opportunity for a precedent setting opinion for attorney Thomas Ice, of Ice Legal, whose boutique litigation firm specializes in uncovering forged and fraudulent foreclosure documents, must mean outright success for Pino. 

Although details of the settlement were not provided in the brief stipulation before the high court, one can only speculate whether Pino received a mortgage modification, principal reduction, right to short-sale, waiver of deficiency balance, or his home free and clear. 

One thing is clear, though.  Any settlement agreement between the parties would contain a confidentiality agreement.

Neither Ice, nor Enrique Nieves – Pino’s attorney of record – were available for comment despite several messages left at Ice Legal and on their cell phone voicemail.

An appeals court in February requested that the Florida Supreme Court consider the case of Greenacres homeowner Roman Pino as a matter of “great public importance.” The decision by the 4th District Court of Appeal in West Palm Beach was unusual as neither the bank nor the homeowner had requested such a review.

“We conclude that this is a question of great public importance, as many, many mortgage foreclosures appear tainted with suspect documents,” the appeals court wrote in certification to the Supreme Court.

Had the matter been adjudicated on its merits and a decision rendered in favor of Pino, thousands of foreclosure cases could have been impacted as allegations of document fraud and robo-signing run rampant throughout the nation.

According to land records, Pino purchased his Greenacres home in July, 2006 for $203,000 by securing a $162,400 mortgage with Silver State Financial Systems. After falling behind on the mortgage, the Bank of New York moved to foreclose in October, 2008.

In their foreclosure complaint, the Bank of New York alleged that it was the owner of Pino’s mortgage note through an assignment from another lender, but did not include said assignment as part of its original complaint.

Pino retained Ice, who in moving to dismiss the complaint, argued that the bank needed an assignment in order to have standing to foreclose.

Attorneys from the Law Offices of David J. Stern in Plantation filed an amended complaint and attached an unrecorded mortgage assignment “which happened to be dated just before the original pleading was filed,” the appeals court wrote.

Stern’s now defunct law firm is one of several foreclosure mills throughout Florida that are under investigation by Florida Attorney General Pam Bondi.

Just as Pino’s attorneys were set to take depositions of Stern employees to determine how the assignment was created, the Bank of New York dismissed its foreclosure action.  Ice had wanted an opportunity to prove that Pino was the victim of fraud but was unable to do so because of the voluntary dismissal. The bank refiled the foreclosure in August 2009, and that case is pending.

In its written opinion, the Fourth District Court of Appeal agreed with the lower court’s ruling about the dismissal but because of its importance on similar foreclosure matters, sent the case to the state’s highest court in Tallahassee. One appellate judge, Gary Farmer, dissented saying he thought the trial judge could have kept the case open to litigate Pino’s claim of fraud.

“I’m not surprised at a settlement of this matter considering the allegations of forged or fraudulent documents and the risk of substantial loss to the bank,” said Carlos J. Reyes, of the Reyes Law Group in Fort Lauderdale.  “As a foreclosure defense attorney, my preference would have been for a written opinion from the Florida Supreme Court, but the client is the ultimate decision maker in any settlement discussions.”

Foreclosure Defense: Dead Man Served with Foreclosure Papers


 

Foreclosure defense attorneys have long alleged that process servers occasionally file false affidavits in support of personal service in foreclosure matters.  Some homeowners are defending themselves stating that mortgage lenders did not serve them properly.

Contrary to the sworn affidavit of process server Robin Lucas-Peters on one local foreclosure case, the homeowner was not served at all.  Having died on August 4, 2010 “personal service” upon him on April 21, 2011 was simply not possible. 

“It’s equivalent to perjury,” said Andrew Dinnerstein, the Sunrise attorney representing the family of the deceased.  “The system is being abused to such an extent that people aren’t even being served properly.”

The homeowner has not been identified to protect the family’s privacy.

Foreclosure defense attorneys have documented a number of cases where process servers allegedly filed false affidavits.  While investigating the law firms that employed “robo-signers,” state investigators are closely examining the service of process in a number of cases.

The process server in this case said she attempted to serve the homeowner on five separate occasions.   On the fifth attempt, the person answering the door said he was the homeowner being sought and accepted the foreclosure papers.

Several recent foreclosure cases allege homeowners never received foreclosure papers even though they still occupied their home.  Others allege that process servers did not take the required steps to locate them or filed false affidavits about whom or when they delivered papers.   

This is the first reported case of a deceased homeowner being served with foreclosure papers.

Lucas-Peters filed a falsified document, swearing foreclosure papers were properly served when they were not, Dinnerstein said.

When a homeowner is deceased, the mortgage lender must request that the court assign an administrator and then serve foreclosure papers upon them.

Dinnerstein indicates that he will seek sanctions against the lender and ProVest, which is under investigation by the Florida Attorney General for allegations of false returns of service under oath and forged signatures of process servers.

In a number of unrelated foreclosure defense matters, some process servers allegedly violated rules related to the personal delivery of legal papers.  Like robo-signing foreclosure documents without reviewing them for accuracy, a number of homeowners are now alleging they were never served with foreclosure papers.

Once rare, “bad service” of process has become more common as lenders and their attorneys speed thousands of foreclosure cases through “rocket dockets” that are designed to clear an ever growing backlog.

“With the foreclosure debacle, it’s become more complicated,” says Carlos J. Reyes, a foreclosure defense attorney with the Reyes Law Group in Fort Lauderdale. “For the sake of expediency, process servers are being rushed. As they are paid by the piece, they have an interest in earning a higher income.”

Homeowners involved in foreclosures are required to receive a summons and complaint personally delivered by a process server. Repeated attempts at personal service are required before court permission can be obtained to publish a legal notice in the alternative.

In the case of a deceased homeowner, foreclosure papers are served upon an administrator. 

Some process servers have allegedly cut corners.  One recently claimed she could not find a homeowner facing foreclosure on a second home, despite conducting extensive record checks. This held true even though the foreclosure complaint clearly provided a primary home address in Connecticut.

Lenders and attorneys typically contract their summons delivery work to large process serving firms, who sub-contract to private independent servers. In her deposition to state investigators, former Stern paralegal Tammie Lou Kapusta, testified that summons serving procedures were a “complete mess,” with homeowners routinely complaining they never received papers.

She and another former employee, Kelly Scott, said their managers told them move forward with the foreclosures anyway.

Investigators also questioned staff at Stern’s firm regarding billing practices that involved serving multiple parties at an address and billing for each one.

“Good service of process is crucial”, Reyes said. He has heard of homeowners losing their home because they never received a summons and missed filing dates or court hearings.

While a court summons must be accepted by an adult, state law does not require it to be served upon the property owner. No one has to sign, verifying receipt, “which makes it easier to say the person was served, when they weren’t,” Reyes said.

Laws governing the service of process vary from state to state. In Florida, there is no statewide licensing or regulating body for process servers, and rules vary greatly among the 20 judicial circuits.

While ProVest declined to comment on specific cases, company president James Ward stated they “utilize properly licensed or authorized independent contractors” and require them to “fully comply with state and local guidelines.”

“ProVest is confident the vast majority of notifications are being conducted appropriately and where there are anomalies of inadequate service we strive to learn from those situations,” Ward said.

To learn more about the foreclosure crisis or to file a complaint with the Florida Attorney General, visit their website at http://www.myfloridalegal.com or call (866) 9-NO-SCAM (866-966-7226).

Court’s stance on foreclosure case could have big impact


A Palm Beach county homeowner fighting alleged foreclosure fraud has ended up before the Florida Supreme Court.

An appeals court last week requested that the high court consider the case of Greenacres homeowner Roman Pino as a matter of “great public importance.” The decision by the 4th District Court of Appeal in West Palm Beach was unusual as neither the bank nor the homeowner requested such a review.

“We conclude that this is a question of great public importance, as many, many mortgage foreclosures appear tainted with suspect documents,” the appeals court wrote in certification to the Supreme Court.

Should the case be accepted by the Florida Supreme Court and a decision rendered in favor of Pino, thousands of cases could be impacted as allegations of document fraud run rampant throughout the state.

According to land records, Pino purchased his Greenacres home in July, 2006 for $203,000 by securing a $162,400 mortgage with Silver State Financial Systems. After falling behind on the mortgage, the Bank of New York moved to foreclose in October, 2008.

In their foreclosure complaint, the Bank of New York alleged that it was the owner of Pino’s mortgage note through an assignment from another lender, but did not include said assignment as part of its original complaint.

Pino retained Thomas Ice, of Ice Legal, whose boutique litigation firm specializes in uncovering forged and fraudulent foreclosure documents. In moving to dismiss the complaint, Pino’s attorney argued that the bank needed an assignment in order to have standing to foreclose.

Attorneys from the law offices of David J. Stern in Plantation filed an amended complaint and attached an unrecorded mortgage assignment “which happened to be dated just before the original pleading was filed,” the appeals court wrote.

Stern’s firm is one of four foreclosure mills under investigation by Florida Attorney General Pam Bondi. In addition to Stern, the Florida Default Law Group, the Law Offices of Marshall C. Watson, P.A. and Shapiro & Fishman, LLP, have all denied wrong doing.

Just as Pino’s attorneys were set to take depositions of Stern employees to determine how the assignment was created, the bank dismissed its foreclosure action. Ice had wanted an opportunity to prove that Pino was the victim of fraud but was unable to do so because of the voluntary dismissal. The bank refiled the foreclosure in August 2009, and that case is pending.

In its written opinion, the Fourth District Court of Appeal agreed with the lower court’s ruling about the dismissal but because of its importance on similar foreclosure matters, sent the case to the state’s highest court in Tallahassee. One appellate judge, Gary Farmer, dissented saying he thought the trial judge could have kept the case open to litigate Pino’s claim of fraud.

“In recognizing the procedural issue at hand, the District Court of Appeal is inherently signaling that forged or fraudulent documents have been introduced into foreclosure cases,” says Carlos J. Reyes, a foreclosure defense attorney with the Reyes Law Group in Fort Lauderdale. “The Pino case illustrates an issue where banks have dismissed foreclosures when problematic documents have been discovered only to be refiled later with different documents.”

To learn more about the mortgage foreclosure crisis or to file a complaint with the Attorney General’s Office, please visit www.myfloridalegal.com or call (866) 9-NO-SCAM (866-966-7226).

To review Bill Lewis’ entire consumer protection series, visit http://www.williamlewis.us.

William E. Lewis Jr. & Associates is a solutions based professional consulting firm specializing in the discriminating individual, business or governmental entity. To learn more, tune into The Credit Report with Bill Lewis, weekdays at 9 o’clock on AM 1470 WWNN.

The Credit Report with Bill Lewis, as reported in the Highlands Today, a Media General Group publication: http://www2.highlandstoday.com/content/2011/feb/06/courts-stance-on-foreclosure-case-could-have-big-i/

Foreclosure fraud: AG releases critical report


One day after a reported settlement between Bank of America, JP Morgan Chase, Citigroup, Wells Fargo and Ally Financial with attorneys general across the U.S. in the foreclosure epidemic, Florida Attorney General Pam Bondi released a highly critical presentation detailing legal issues surrounding the crisis.

The presentation, titled “Unfair, Deceptive and Unconscionable Acts in Foreclosure Cases,” was provided by the attorney general’s economic crimes division during an early December conference of the Florida Association of Court Clerks and Comptrollers as an overview and was not representative of any specific misconduct.

The comprehensive presentation was compiled in exploration of foreclosure malpractice and condemns banks, mortgage servicers, and law firms for contributing to the crisis by cutting corners.

Although not aimed at a specific case, four of Florida’s largest foreclosure law firms are under investigation by the state. The Florida Default Law Group, the Law Offices of Marshall C. Watson, P.A.; the Law Offices of David J. Stern, P.A.; and Shapiro & Fishman, LLP, all have denied wrong doing.

Sweeping evidence of mortgage fraud was outlined in the 98-page presentation complete with copies of alleged forged signatures, false notarizations, bogus witnesses and improper mortgage assignments. Examples of alleged fraud and missteps made during the securitization process by major financial institutions when they wrote, packaged, and sold mortgages during the boom years was also provided.

The “Unfair, Deceptive and Unconscionable Acts in Foreclosure Cases” presentation meticulously documents cases of questionable signatures, notarizations that could not have occurred when claimed due to expired notary commissions and foreclosures filed by banks or law firms that lacked legal standing to foreclose on a particular property.

The presentation also focused largely on assignments of mortgage, a legal document that transfers ownership of mortgages from one bank to another. Mortgage assignments became an issue after the real estate boom, when mortgages were sold and resold, packaged into securitized trusts and otherwise transferred in a fashion that made tracking difficult.

“The Attorney General’s Office has a long standing commitment to fighting mortgage fraud and is dedicated to continuing this critical effort,” said Florida Attorney General Pam Bondi. “Since 2008, our office has started over 150 formal mortgage fraud investigations, 70 which remain active, 21 that resulted in civil lawsuits, and over 50 companies in review.”

As the foreclosure crisis mounted, banks and law firms appointed people to create assignments, of which tens of thousands were executed by robo-signers who failed to properly verify the claims in which they were swearing upon.

In one example, the signature of an individual named Linda Green appears – in varying styles – on hundreds of thousands of mortgage documents from dozens of banks and mortgage companies.

In another example, the signature of Scott Anderson, an employee of West Palm Beach-based Ocwen Financial Corp., appears in four styles on mortgage assignments.

Paul Koches, executive vice president of Ocwen, has acknowledged that the signatures were not all Anderson’s, “but that doesn’t mean they were forged,” he said. “Certain employees were given authorization to sign for Anderson on mortgage assignments.” Once the robo-signing crisis was revealed, Ocwen stopped allowing other employees to sign for Anderson.

“For the sake of expediency, no one bothered to verify or otherwise validate these assignments and affidavits prior to signing them,” says Carlos J. Reyes, a foreclosure defense attorney with the Reyes Law Group in Fort Lauderdale. “In some cases, courts have found that banks did not have standing to foreclose on the property sued upon.”

To learn more about the mortgage foreclosure crisis or to file a complaint with the Attorney General’s Office, visit www.myfloridalegal.com or call (866) 9-NO-SCAM (866-966-7226). To review the scathing 98-page presentation, visit: http://scr.bi/gbSIsO

Source:  The Credit Report with Bill Lewis – Highlands Today, an edition of the Tampa Tribune – Media General Group http://www2.highlandstoday.com/content/2011/jan/09/foreclosure-fraud-ag-releases-critical-report/

To review Bill Lewis’ entire consumer protection series at the Highlands Today, visit www.williamlewis.us.

William E. Lewis Jr. & Associates is a solutions based professional consulting firm specializing in the discriminating individual, business or governmental entity. To learn more, tune into “The Credit Report with Bill Lewis,” a daily forum for business and financial news, politics, economic trends, and cutting edge issues on AM 1470 WWNN.

Florida Attorney General cracking down on foreclosure mills


Homeowners, attorneys, and Florida’s judiciary have long sounded the alarm over insufficient or fraudulent documents being used to take thousands of properties from unsuspecting homeowners in the foreclosure process. Not only has the Florida Supreme Court amended the rules of civil procedure in relation to home foreclosures, judges throughout the state have reversed foreclosure sales, dismissed cases for insufficiency, and created additional steps to ensure the proper filing and disposition of cases.

 

Coming on the heels of an investigation into the Florida Default Law Group, Florida Attorney General Bill McCollum announced Tuesday that his office has launched a new investigation into allegations of unfair and deceptive actions by three law firms handling residential foreclosure cases in the Sunshine State.

Handling over 35 percent of all foreclosure cases in the state of Florida, the investigation names the Law Offices of Marshall C. Watson, P.A.; the Law Offices of David J. Stern, P.A.; and Shapiro & Fishman, LLP. The Florida based law firms were hired by loan servicers to begin foreclosure proceedings when consumers were in default on their mortgages.

The Attorney General’s Economic Crimes Division is investigating whether documentation may have been fictitiously created and filed with Florida courts to speed up foreclosure processes, potentially without the knowledge or consent of the homeowners involved. Thousands of final judgments of foreclosure against Florida homeowners may have been the result of the alleged improper actions of the law firms under investigation.

Because many mortgages have been bought and sold by different institutions multiple times, key paperwork involved in the process to obtain foreclosure judgments is often missing. On numerous occasions, fabricated documents have allegedly been presented to courts in support of a final judgment against homeowners. The investigation will focus on whether these law firms created and filed improper documentation with Florida courts in an effort to deceptively strip Floridian’s of their homes.

The attorney general’s investigation will also look at whether the law firms created affiliated companies outside the United States where the alleged false documents are being prepared and then submitted to the law firms for use within the Florida court system.

“On numerous occasions, allegedly fabricated documents have been presented to the courts in foreclosure actions to obtain final judgments against homeowners,” stated Attorney General Bill McCollum. “As Attorney General, my job is to protect the rights of all Floridian’s by investigating unlawful activities and putting a stop to deceptive practices. To this end, my office will continue to investigate.”

News of the Florida Default Law Group investigation led to a number of complaints from homeowners and attorneys about the Law Offices of Marshall C. Watson, P.A.; the Law Offices of David J. Stern, P.A.; and Shapiro & Fishman, LLP. Subpoenas were served on each of the law firms demanding documents dating back to Jan. 1, 2008. The subpoenas also seek information on 18 specific foreclosure cases, in addition to general information about the law firms’ operations.

Defense attorneys who have long reported widespread fraud in home foreclosure cases called Tuesday’s announcement from the state’s chief law enforcement officer a “bombshell” for Florida’s foreclosure system.  “The fact that Bill McCollum is expanding his investigation into potentially unfair and deceptive practices should be commended” said Fort Lauderdale foreclosure defense attorney Scott Kleiman of Kalis & Kleiman. “The attorney general doesn’t spend limited state resources investigating these types of cases without reason.”

According to McCollum, 245 complaints have been filed against the Florida Default Law Group while 48 complaints have been filed against The Law Offices of David Stern. The Law Offices of Marshall C. Watson and Shapiro & Fishman each have 12 complaints pending. A number of other complaints are under review and additional subpoenas may be issued.

If you are the victim of a mortgage foreclosure fraud, file a complaint with the Attorney General’s Office by calling (866) 9-NO-SCAM (866-966-7226) or by visiting their website at http://www.myfloridalegal.com.

William E. Lewis Jr., is a credit repair expert with Credit Restoration Consultants and host of “The Credit Report with Bill Lewis” on AM 1470 WWNN, a daily forum for business and financial news, politics, economic trends, and cutting edge issues.

Mortgage and Foreclosure – Florida AG joins Mortgage Foreclosure Multi State Group


Attorney General Bill McCollum announced last week an ongoing effort to rein in mortgage servicers and protect Floridians from purported deceptive and unfair practices. Along with 49 other attorneys general who are part of the Mortgage Foreclosure Multi State Group, McCollum is leading an effort to stop mortgage loan servicers from submitting alleged false affidavits in support of mortgage foreclosure actions.

Homeowners, attorneys and investigators have long alleged that many of the affidavits contained within mortgage foreclosure complaints have been signed without personal knowledge of the facts asserted within them. Having recently come to light is the fact that many of affidavits were signed outside of the presence of a notary public. This process of signing documents without confirming their accuracy has come to be known as “robo-signing” and is in direct violation of Florida law.

In an effort to effectively address and investigate the robo-signing crisis, the Mortgage Foreclosure Multi State Group is now comprised of all 50 state Attorneys General, mortgage regulators and state banks. Led by Iowa Attorney General Tom Miller, plans are being made to speak with all relevant mortgage servicers to determine whether they have properly submitted affidavits or signed notices in support of foreclosure actions.

State banks and mortgage regulators are participating both individually and through their Multistate Mortgage Committee, which represents mortgage regulators from all 50 states. As a member of the Executive Committee, Florida has taken a leading role in this multistate initiative. The Executive Committee is also comprised of Attorneys General from Arizona, California, Colorado, Connecticut, Illinois, Iowa, North Carolina, Ohio, Texas, and Washington; and state banking regulators from the Maryland Office of the Commissioner of Financial Regulation and the New York State Banking Department.

McCollum previously initiated an investigation of the Florida Default Law Group, the Law Offices of Marshall C. Watson, P.A.; the Law Offices of David J. Stern, P.A.; and Shapiro & Fishman, accusing the four firms of faulty foreclosure practices. Those firms are fighting back, with one of the legal showdowns taking place last week in Broward County, where lawyers for David J. Stern presented a motion to “quash” the state’s subpoena.

Ruling for the attorney general in his efforts to subpoena the foreclosure records of Stern’s law firm, Broward County Circuit Court Judge Eileen O’Connor denied the Plantation attorney’s motion to quash McCollum’s subpoena.

O’Connor’s ruling was in stark contrast to an earlier ruling in Palm Beach County, where a judge told McCollum’s lawyers they could not subpoena the records of Tampa-based foreclosure firm Shapiro & Fishman.

Stern’s attorney said he would appeal the case to the 4th District Court of Appeal, meaning the difference between the two cases may become an issue at the appellate level. “We respectfully disagree with the judge’s ruling and plan to file an appeal,” said attorney Jeffrey Tew, who represents Stern.

While O’Connor did not provide a reason for her ruling, Palm Beach County Circuit Court Judge Jack Cox stated that “only the Supreme Court controls the conduct of lawyers in the courtroom and in court proceedings,” and that the attorney general did not have a right to subpoena the records.

Meanwhile, Stern’s support company, the publicly traded DJSP Enterprises, confirmed that it was cutting back 10 percent of its workforce. DJSP had grown to about 1,100 employees during the height of the foreclosure crisis. Lawyers from Greenberg Traurig were also retained to mount an internal investigation into allegations that its employees helped fabricate court documents in foreclosure cases.

If you would like to learn more about the mortgage foreclosure crisis or to file a complaint with the Attorney General’s Office, visit their website at www.myfloridalegal.com or call (866) 9-NO-SCAM (866-966-7226).

Source:  The Credit Report with Bill Lewis – Highlands Today, an edition of the Tampa Tribune (Media General Group) – http://www2.highlandstoday.com/content/2010/oct/17/florida-ag-joins-mortgage-foreclosure-multi-state-/  To review Bill Lewis’ entire consumer protection series, please visit http://www.williamlewis.us

William E. Lewis Jr., is a credit repair expert with Credit Restoration Consultants and host of “The Credit Report with Bill Lewis” on AM 1470 WWNN, a daily forum for business and financial news, politics, economic trends, and cutting edge issues.