Foreclosure FAIL – The Case to Follow in FL – Sovereign Bank, Plaintiff, Vs. Florida Default Law Group, p.l., DBA Echevarria Codilis & Stawarski, Defendants

HA!

Check this out…

Not only is this the most comical case ever, it enlightens us all on the internal procedures and the secret contracts with the banks…

Many thanks to Foreclosure Hamlet for taking the time to go down to Broward county and pull these most anticipated case files…

SOVEREIGN  BANK,

Plaintiff,

vs.

FLORIDA DEFAULT LAW GROUP, P.L., d/b/a ECHEVARRIA, CODILIS  & STAWARSKI

Defendants

From the complaint…

The within  action  arises  from  legal services  provided  by Defendants to Plaintiff in Broward County,  Florida.

On or about February 2, 2007, Plaintiff engaged Defendants to bid on a foreclosure sale  in Broward County, Florida.

Specifically, Plaintiff was  the holder of a second mortgage,/home  equity line of credit…

On or about August 17, 2006  the Brandts were sued by the homeowners association…

Plaintiffs nominee, Mortgage Electronic Registration  Systems, Inc., was named as a defendant…

The HOA  lawsuit proceeded  to final  judgment  in the County Court in Broward County, Florida,  and  the  foreclosure  sale was scheduled for February 9, 2007…

A copy of the final judgment in the amount of $4,294.68,  is attached…

Pursuant  to the February  2,2001  engagement letter, Composite Exhibit “B” the approved  bid amount  was $383,700, since Plaintiff at  the time believed  that  in order to protect  its interest  it had  to pay off the first mortgage  on the Real Property in addition to the HOA judgment amount, and  that the approved  bid amount would be sufficient  to pay off the  first mortgage and  the home owner’s  judgment and acquire a first lien on the Real Property.

Thus, Defendants knew from  the moment  they received  the facsimile  transmission on February  2, 2007, that the amount  of the Final Judgment was only $4,294.68 although  the approved  bid amount was $383,700.

Defendants failed  to give Plaintiff proper  legal advice  that a bid amount of $383,700 was completely unnecessary  to satisfy  the HOA  judgment and that all that had  to be paid to obtain  a certificate of sale and certificate of title, subject to the first mortgage, was $4,294.68

Additionally, apparently believing  that $383,700 was an  insufficient sum  to satisfy a$4,294.68 judgment,  on or about February  6, 2007, Defendants requested Plaintiff wire monies in the total amount of $392,148.90, or $8,448.90 additional,  in order to bid at the February 9, 2007  sale and  to pay for court costs and documentary  stamps.

Although  the Real Property could have been purchased at the February 9, 2007 foreclosure  sale  for $4,294.68,  subject  to the first mortgage, Defendants  failed to advise Plaintiff of this  fact and proceeded  to bid and pay $392,148.90  at  the sale on behalf  of Plaintiff.

Since Defendants bid $392,148.9A at a foreclosure  sale when the Final  Judgment was $4,292.68,  excess funds of $376,200.50 were placed into  the court registry.

Defendants  compounded  their errors and  failed  to  timely and properly  advise Plaintiff of the steps  to take  to reclaim the excess  funds

Instead,  the Brandts,  the parties  in default,  petitioned  for and received  the $376,200.50  in excess funds…

And you know what?

The homeowners took the money and ran…

Hahahahhahahhha

Thereafter, Plaintiff was named as a defendant  and subordinate  lienholder in a separate  foreclosure  action, styled U.S. Bank v. Erwin J. Brandt, et al., Case No. 07-I8075 after which Plaintiff will be left without the Real Property  and without  the $392,148.90 bid at the first  foreclosure sale…

CLASSIC!!!

Check out the case files below…

This should get very interesting…

~

4closureFraud.org

~

Complaint Sovereign Bank, Plaintiff, Vs. Florida Default Law Group, p.l., DBA Echevarria Codilis & Stawarski Defendants
[scribd id=34615984 key=key-1vzaa0hofxyc229q1on0 mode=list]

Exhibits Sovereign Bank, Plaintiff, Vs. Florida Default Law Group, p.l., DBA Echevarria Codilis & Stawarski Defendants
[scribd id=34615732 key=key-i9oq18v9yb1inof5ol9 mode=list]

Comments
14 Responses to “Foreclosure FAIL – The Case to Follow in FL – Sovereign Bank, Plaintiff, Vs. Florida Default Law Group, p.l., DBA Echevarria Codilis & Stawarski, Defendants”
  1. Joan Kimmett says:

    Hello my name is Joan. My husband and I have been fighting a 11 year foreclosure ( we did NOT intially DEFAULT!) on our homestead that,s been in my husbands family since the 1800,s. 3rd attorney firm in we just got a win. After 2 post sale exceptions hearings ( an appeal between them) judge ruled for a ” FULL EVIDENTIARY HEARING” pursuant to MD rule 14-211. Our attorney is unable to continue.

    The court already had set our date for October 16th, 2020. We’ve come so far.

    We are looking for further discovery for our case. We were dupped by American Brokers Conduit 4/7/2007. Ocwen along with this attorney group is claiming Deutsche is the ” bank “. Never to answer several QWR’s & failed to show under a court order for a bank rep to appear. Through my research of ABC, actually being Sand Canyon Corp found while trying to figure out who Option One was. They were the company cashing our mortgage payments that weren’t being applied to our note. We are just figuring this part out recently. I am aware of reading cases of Sand Canyon Corp had liquidation on 3/19/14 at the direction of SLS.

    We have robo signing on our documents ( court doesn’t want to acknowledge ( prove it). All the BS with Wilbur Ross on American Home Mortgage, the servicing on ours by AHMSI. Destruction of the original documents ( followed the Lynne E. Szymoniak vs American Home Mortgage case). Our case has a stamp of blank endorsement over my initials from American Broker Conduit AFTER they ceased to exsist.

    Our attorney was able to stick with that and our Pooling & Servicing agreement of post ” procedural irregularities & legal title ? equitable title
    In all my research I found Ross’s bankruptcy, SEC fine, settlement to investors etc.

    I’m looking for the ” proof moving forward” solid for court in discovery as that”s what the court wants, judge’s opinion in Chapter 11 American Brokers Conduit was a reorganization. Ocwen attorney tried same.

    I’m looking for guidance ANY & ALL help to prove all this BS with American Brokers../ American Home? Ocwen & Deutsche Bank National Trust company, as Trustee for American Home Mortgage Asset Trust 2007-4. PLEASE. And too, if anyone knows of a good attorney in MD, Anne Arundle County ( ours attorney again is out due to family health issues)

    From the bottom of our hearts,

    Jon & Joan

  2. 20 something years ago, my family had to fend off comfed savings and loan, with their bogus paperwork, and I helped them, as well as some people I met going thru the same thing. I seen a decorated green beret veteran, who put his life on the line for all of us, be removed from his home, by a show of force by US marshalls.
    here, now decades later, MERS, and countrywide, took advantage of my sick mother, and my DYING stepdad, forging my mothers name, and basically bullshitting my step dad, who just recieved a new liver 2 months pryor to the “signing” that his credit would cover it, you dont need your wifes. he passed on 12/2007. a few more banks later, and a few months after bill passed, the payments jumped, banks changed, interest went up, How many red flags you see so far? how many liver transplant patients you know make a full enough recovery to repay 340 grand? That poor guy was a blue collar, just like me, mortgage broker was a scumbag, talking his crap, bamboozled him, with talks of “god” and “Jesus” saving him, hes doing the right thing, and 30 40 minutes of allied mortgae, and countrywide propaganda. My mom said, NO BILLY, Im not signing that!! Funny, my mother, a perocial school girl, impeccable penmanship, very distinctive handwriting, I seen that paperwork, a few weeks ago, now that BOA is harrassing her, it looks like a 2 fingered blind person signed it, compared to her real one. I have a message for all the con artists, and scammers in the fraud world. My mom was diagnosed with lupus recently, if she loses her house, if her health slips any more, if I lose my mom,due to your harrasment, and undue stress you have put on her, IM coming for you…and I will bring HELL with me…be warned.

  3. TheHutMaster says:

    FLORIDA DEFAULT LAW GROUP needs to be in the Jail Cell next to their Pal David J. Scumbag, opps, I mean Stern. I think they are DBA Name is ” Boy, DO We, Cheat Um, and How.

    Bunch of Cocaine snorting SCUMBAG THUGS.

    “Fight The Good Fight”

  4. FraudinOhio says:

    That is too rich-I wonder how they like the receiving end?! I am a certified paralegal and wondered why none of the foreclosure mills were interested in me – I would only want to work for them to see exactly what they do-but in the depo of a Lerner Sampson Rothfuss class action suit from Cleveland, their paralegal only has a GED, no legal education or expertise and operates under the title of “paralegal.” I actually have an undergrad degree, and a year of ABA accredited Law School paralegal education. In other words, I would know that they are falsifying documents and submitting fraudulent affidavits to a court and would not do it. Her depo and the law firm defending the fraud mill law firm-they are both fraud mills-who defend each other.

    Maybe they will lose their jobs at the law firm who screwed their client-sometimes they just don’t care who they are screwing-but this one will cost them some bucks and a client.

  5. Hey so what’s the latest?

  6. This is too funny! I really needed a laugh today! Thanks….

  7. Alina says:

    that is too funny!!!! way to go Brandts!!!!

    I did not know that FDLG was part of the infamous Codilis group. Now it’s all starting to make sense.

  8. ….psst, hey kid – come here (law school grad) – want to learn how to make some quick cash?

    see these papers – go file em’ in court, oh – don’t bother reading em’ – just sign here, press hard

    there ya’ go! you’re a real go getter, i can see you’ll be going places in this firm!

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