Homeowner Fights Foreclosure in Lawsuit Claiming Documents are Fraudulent

Jeffrey Tew, a Miami attorney who represents Stern’s firm, said while the attorney general may have received complaints, there “will not be evidence of fraud.” Due to the large volume of foreclosures, there may have been clerical mistakes, he said.

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But he disputes that Stern’s law firm fabricated any documents. “I haven’t seen any example where a bank didn’t have a mortgage in default,” Tew said.

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Guess he hasn’t looked hard enough…

Homeowner fights foreclosure in lawsuit claiming documents are fraudulent

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After months of wrangling with CitiMortgage, Dennis and Joyce Brown got fed up and hired an attorney to fight CitiMortgage’s foreclosure on their Lauderdale Lakes home. The Browns claim they are victims of fabricated documents used to foreclose after CitiMortgage failed to credit them for mortgage payments.

“They ran my blood pressure up so bad,” said Dennis Brown, who hired Fort Lauderdale lawyer Kenneth Eric Trent to fight the foreclosure.

CitiMortgage and its lawyers, David Stern Law Offices, voluntarily withdrew the case against the Browns in Broward County Circuit Court on June 16. But the Browns can’t rest easy. Recently, they’ve received new foreclosure letters from another lawyer representing CitiMortgage.

The Browns’ story is just one example of foreclosures resulting from allegedly fraudulent mortgage assignments and other tactics that “eliminate due process for the homeowner,” Trent said.

He also is suing Stern and his Plantation law firm in federal court in a separate foreclosure case with similar allegations.

In that lawsuit, on behalf of Oakland Park homeowner Ignacio Damian Figueroa, Trent contends that Stern and a mortgage registration firm generated fraudulent mortgage documents that are intentionally ambiguous to cloud the real ownership of Figueroa’s mortgage note.

The foreclosure practices of Stern and two other law firms are under investigation by the Florida Attorney General’s Office. The attorney general recently requested records going back to Jan. 1, 2008, from Stern as well as The Law Offices of Marshall C. Watson, P.A., and Shapiro & Fishman, LLP.

Thousands of Florida homeowners may have lost their homes as a result of improper actions by the firms under investigation. In announcing the probe, Attorney General Bill McCollum, a Republican who is a running for governor, said the law firms may have presented fabricated documents in court to speed the foreclosure process and obtain judgments against homeowners.

Jeffrey Tew, a Miami attorney who represents Stern’s firm, said while the attorney general may have received complaints, there “will not be evidence of fraud.” Due to the large volume of foreclosures, there may have been clerical mistakes, he said. “In the past two to three years, the Stern law firm has processed probably 100,000 foreclosures.”

But he disputes that Stern’s law firm fabricated any documents. “I haven’t seen any example where a bank didn’t have a mortgage in default,” Tew said.

Stern represents well-known mortgage lenders including Bank of America, Chase, CitiMortgage, Inc., Fannie Mae, Freddie Mac, HSBC, SunTrust and Wells Fargo. These lenders also are the shareholders of Mortgage Electronic Registration Systems (MERS).

MERS is at the heart of the matter for Trent and other lawyers trying to stop what they view as illegal foreclosures in the nation.

The mortgage registry was created by lenders in the early 1990s to track home loans, including those repackaged as securities and sold to investors. When such loans were in foreclosure, MERS — not the original lender — was often the entity foreclosing. Some lawyers have successfully fought foreclosures by contending that MERS doesn’t own the note, or the borrower’s obligation to repay.

University of Utah law professor Christopher Peterson said MERS mortgage processing system goes against long-standing principles of property law in assigning rights to a note or mortgage. He said the “owner” of a mortgage can’t be the same as the “agent” representing the homeowner, for example.

Yet MERS records “false documents” with names of people who are not executives of the registry system, but often paralegals and clerks of law firms, he said. “It’s an extremely controversial and arguably fraudlent practice,” Peterson said.

Merscorp spokeswoman Karmela Lejarde declined to comment on the criticism of MERS or Trent’s lawsuit, citing company policy not to comment on pending lititgation.

Continue reading here…

4closureFraud.org

Comments
11 Responses to “Homeowner Fights Foreclosure in Lawsuit Claiming Documents are Fraudulent”
  1. mimirayo says:

    There have been so many versions of my DOT presented to the court it’s hard to tell which is the original. The newest one is a “certified true copy” no real estate stamps no notary just initials……considering the one I got a few months ago doesn’t have this on it but does have the real estate stamps etc…I think this “copy” is need to show something

  2. maia says:

    StopGovtWaste–Would you explain how to tell if the ink is freshly applied–I have even checked several notes with a microscope–please tell me what to look for.

    • I’d start by researching articles on ink dating science. Funny thing is… just about any cashier can take a pen and mark a $50 or $100 to see if it is authentic. Pretty soon we’ll have a similar device that you can rub across a signature and it will turn a certain shade depending on the age of the ink <<>>

  3. Whoa… wait a moment there Mr. Tew…

    Alex Sanchez (President of the Florida Bankers Association) stated in his remarks to the
    Florida Supreme Court that “original” mortgage notes were “destroyed.

    See here for pdf;
    http://www.foreclosurehamlet.org/forum/topics/florida-bankers-association

    Was this so they could be copied/cloned/counterfeited and sold in to multiple investment pools and insured with multiple sets of credit default swaps?

    *So if the “originals” were destroyed, what are you bringing to court sir?

    I hear the ink on most of these so called originals looks fresh – like it just came off the shelf at office depot. You know there are TWO ways to date ink right, the date it was created and the date it was applied to the paper.

    You may want to call Alex Sanchez and get your stories straight (LMAO!!!)

  4. KT says:

    Thank-you for this post!!!

    Basically this is my story… CitiMortgage wasn’t applying our mortgage payments also, we have fraudulent assignments, MERS included, our fraudulent signer is Mary Jo McGowan and notary is Maria L Gerholdt, these people have signed for 4 different banks and MERS as VP’s…The only thing different between these 2 cases is the Law office…The Browns being Stern and our is Nationwide Title Clearing…

    If anyone has any information on these signers and/or Nationwide Title Clearing please contact me, any help is very much appreciated, I can be found on http://www.foreclosurehamelt.org (member KT). or email to holliemae15@yahoo.com

    In my opinion…NATIONWIDE TITLE CEARING should be looked at in the same light as David Stern, Marshall Watkins, and Shapiro & Fishman…

    The lawyers suing me for CitiMortgage are Shapiro & Morley and Shapiro & Kreisman…

    Blessing to all who seek Justice for the wrongs being done to all of us in FC!!!

  5. lisamarie says:

    Sometimes pooled mortgages get ‘lost’. mine is ‘lost’. Nobody knows where it is. What MERS says and what is are two different things.

  6. indio007 says:

    “I haven’t seen any example where a bank didn’t have a mortgage in default,” Tew said.

    The “mortgage in default” has to match the property being foreclosed on…. jackass….
    Liars and their weasel words.

    • I haven’t seen any example where a bank didn’t have a mortgage that was ***ALREADY PAID FOR***

      [youtube=http://www.youtube.com/watch?v=YwAtteDfHkw&fs=1&hl=en_US&color1=0x5d1719&color2=0xcd311b]
      [youtube=http://www.youtube.com/watch?v=28x4llyqQm0&fs=1&hl=en_US&color1=0x5d1719&color2=0xcd311b]

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