Comments to the Florida Senate Banking Committee re: Senator Negron’s Position on Foreclosure Fraud & Crimes

Dear Florida Senate Banking Committee,

I was appalled and disgusted to read Senator Joe Negron’s comments denouncing the Florida Attorney General’s investigations into foreclosure mill law firms.  Senator Negron even had the gall to take umbrage at the term “foreclosure mill” and presented an alternate viewpoint that a “Foreclosure mill could also be called very busy law firm because you provide excellent service to your clients.”

Senator Negron may be representing his Gunster associates instead of the people of Florida.  The foreclosure fraud issue is an international hot button issue.  Violations of due process and constitutional rights have been clearly documented by academics, legal professionals, consumer rights agencies, and attorneys across the state of Florida.  The level of fraud and misconduct by predatory and abusive financial institutions and their corrupt law firms have been the focus of US Congressional hearings, investigations by the FDIC, the SEC, the OCC, the US AG, USDOJ, individual states’ AGs, a multi-state AG panel, etc.  These investigations were not initiated because law firms were providing excellent service to their principled financial industry corporate clients.

Numerous court opinions from across Florida have highlighted foreclosure mill misconduct.  The partners and associates of these mills fabricate the evidence needed for their client to prevail in court.  This “evidence” is created based soley on information generated by a computer task list, often sent to the mill by a default processor such as Lender Processing Services.  Is there a rule of attorney professional conduct deems that conduct acceptable?

Has Senator Negron read the announcements by the Office of the Florida Attorney General regarding their investigations into Florida’s foreclosure mills?  Does Senator Negron believe these acts are to be commended in the name of providing excellent service to clients?  Economic Crimes Division of the Florida Attorney General’s Office investigates four top foreclosure mills  http://ning.it/92f7xy and http://ning.it/cREUqI and http://ning.it/bVaJ9H and http://ning.it/aXvWH7 and http://ning.it/9I75pg

The five most galling actions taken by the foreclosure bar are:
1) Filing millions of deficient documents (assignments of mortgage, endorsements/allonges on promissory notes, complaint verifications, affidavits of lost instruments, affidavits of indebtedness) signed by low level “document solutions” representatives who have no attendant personal knowledge or competence
2) Foreclosure bar employees signing assignments of mortgage, and thereby transferring property, under the guise of being a representative of the grantor when they are employees of the law firm who is representing grantee.  The grantee is the Plaintiff in the foreclosure action where these documents are often the sole proof of standing and ownership of the mortgage.

3) Filing signed legal documents by attorneys who exhibit such wild variations to their signatures that one is left to question the authenticity of the signers’ signatures

4) Distancing attorneys from accountability and liability for their actions by filing pleadings under the name of one attorney but always signed by a second attorney and then adding a third independent attorney into the mix by the commonplace practice of hiring local, independent counsel (who do not file any notice of appearance and refuse to state the name of their client) to litigate the cases, and

5) Willful disregard for the spirit and intent of the amended rule 1.110(b) published on Feb. 11, 2010 by the Florida Supreme Court.

  • Florida Default Law Group Sanctioned by Judge John K Olsen, Federal Judge in Ft Lauderdale   http://tinyurl.com/28lkk5s
  • Smith Hiatt Diaz Sanctioned by FL Judge Dennigan SHD Show Just Cause & Defreitas Smith Hiatt Contempt hearing Transcript 8-30-10%20transcr… & Dunnigan Order 49K Sanction
  • Smith Hiatt Diaz reminded of obligations by FL trial Judge Silver: Smith Hiatt Diaz SHD Hillsborough Judge Silver Reminder Order.pdf
  • Marshall Watson deficiencies discussed by FL trial Judge Rondolino Decker Dismissal Granted by Judge Rondolino.pdf
  • Law Office of David J Stern ex-employee admits to fraud factory practices Tammy Kapusta, paralegal KAPUSTAtammie.pdf
  • Attached assignments of mortgage executed by mill lawyers or employees
    • Cheryl Samons, employee at Law Office David J Stern (unsigned, witnessed assignment of mortgage)
    • Law Office of David J Stern, fraudulently dated to prior to the date of notary stamp existence – FL notaries are commissioned for a 4 year duration.
    • Marshall Watson attorney Caryn Graham executes two assignments of mortgage with variations of her signature for clients
    • Marc Ben-Ezra executed assignment of mortgage for his client
    • Roy Diaz & Virginia Hiatt of Smith Hiatt Diaz executing assignments of mortgage for clients
    • Ron Wolfe, managing partner of Florida Default Law Group signing assignment of mortgage for his client
    • Douglas Zahm of Law Office of Douglas Zahm signing assignment of mortgage for his client
    • Ilene Cooper, VP of Law Office of Shapiro Fishman signing assignment of mortgage for his client

Public perception will be thoroughly eroded if fraud, misconduct, and as defined by Florida statute §817.545, criminal acts by law firms are done in the name of providing “excellent service”.

Senator Negron made yet another extremely uninformed comment, “Doesn’t a bank have a right to foreclose on property if someone doesn’t pay the mortgage, even if financially it would make more sense to go to a short sale? Or is there some theory that I’m not aware of where the attorney general would have the right to tell a bank, ‘No, we’ve decided what’s in your best economic interest and we can enforce that’?”

In response, I direct Senator Negron to review the U.S. Congressional actions that occurred on October 3, 2008 when Congress provided the U.S. Treasury with the authority to spend $700 billion to stabilize the U.S. economy. Congress created the Office of Financial Stability (OFS) within Treasury to implement a Troubled Asset Relief Program (TARP). At the same time, Congress created a Congressional Oversight Panel (COP) to “review the current state of financial markets and the regulatory system.”

From the Congressional Oversight Panel website,

COP is empowered to hold hearings, review official data, and write reports on actions taken by Treasury and financial institutions and their effect on the economy.

Through regular reports, COP must:

  • Oversee Treasury’s actions
  • Assess the impact of spending to stabilize the economy
  • Evaluate market transparency,
  • Ensure effective foreclosure mitigation efforts
  • And guarantee that Treasury’s actions are in the best interest of the American people.

Lastly, Congress has instructed COP to produce a special report on regulatory reform that will analyze “the current state of the regulatory system and its effectiveness at overseeing the participants in the financial system and protecting consumers.”

Other oversight bodies examining TARP include the Special Inspector General for TARP (SIGTARP) and the Government Accountability Office (GAO). Further information on TARP is available through the U.S. Department of the Treasury and the official TARP website, FinancialStability.gov.

I also urge Senator Negron to familiarize himself with the FinancialStability.gov website where it is clearly stated, “Mortgage Foreclosure Mitigation: All recipients of capital investments under the Financial Stability Plan are required to commit to participate in mortgage foreclosure mitigation programs consistent with guidelines Treasury released as part of its Making Home Affordable mortgage modification program.”

In closing, please respond by email with fee for a recording of the Jan 11, 2011 hearing on Foreclosure Fraud.  I have asked for the cost of the recording for the December 8, 2010 hearing on Foreclosure Fraud and have yet to receive a response.

Sincerely,
Lisa Epstein
ForeclosureHamlet.org

~

EXHIBITS

Samons Unsigned Notarized Witnessed

Caryn Graham1

Graham v2

Ben Ezra Assignment of Mortgage as Grantor

Complaint With Diaz Assignment

Virginia Hiatt AOM

RWAOM3

zahm aom

Ilene Cooper1

 



Comments
16 Responses to “Comments to the Florida Senate Banking Committee re: Senator Negron’s Position on Foreclosure Fraud & Crimes”
  1. doubtful says:

    “Foreclosure mill could also be called very busy law firm because you provide excellent service to your clients.”

    This is as far as I needed to go in this article to know that the Senator works for the bank’s, has an interest in the Foreclosure mills or is just living in a closet with the door shut. It has already been proven that these firms have either taken part in the fraud or by their actions supported the illegal acts. Remember this guy at election time.

    • Dear Senator Negron: Please contact me ASAP if you can clue me in as to why an assistant AG in FL’s Economic Crimes unit who was authorized to notarize docs for FDLG on Mon, Wed & Fri was notarizing documents on Sunday. ON SUNDAY – when she was only authorized to notarize documents on Monday, Wednesday and Friday from 7:00 to 7:15pm. This in addition to documents found notarized in Florida on dates that conflict due to travel. Do you not see anything wrong with this picture?

      stop_govt_waste@hotmail.com

      [scribd id=39771809 key=key-auzo1nrdz3e56e680po mode=list]

    • lisamarie says:

      Absolutley. Hope their happy for voting him in! He won’t get in again.

  2. l vent says:

    I found an interesting website some might find pretty interesting called theforbiddenknowledge.com.

  3. l vent says:

    This is exactly the type of rhetoric that is creating a worldwide furor. It is not the free speech and the guns that are the issue in this country. It is the constant cycle of lying and covering-up by our Government and trying to sweep crimes under the rug as in FRAUDCLOSUREGATE. These things are what is causing mass Government dissention in this country and around the world. The internet is creating a huge global community of free speech and free thinkers sharing knowledge, truth and this is creating unity among the people. They hate this. Many of their secrets are no longer secrets. Many of us no longer believe them or their versions of things. They love to divide, divert and distract us, that keeps us from finding out the truth. We need to all keep thinking “outside of the box”.

  4. About that Perjury, Judge…
    http://www.ritholtz.com/blog/2011/01/about-that-perjury-judge/

    *from the comment section;

    “Judges find people in contempt all the time… what is more contemptuous than lying to the Court?”

  5. Hope... says:

    With all due respect, I feel that Senator Negron has not done his homework in regard to one of the largest issues we are having in Florida, which is foreclosure.

    If one of the largest foreclosure mills “The Law Office of David J Stern” was considered a busy law firm providing excellent service to their client’s, why did Fannie, Freddie, Bank of America etc…..pull their files from his office? Or is this type of behavior condoned, as long as they are not caught.

    This is also why we all need to begin doing our own homework in regard to who we are voting into office. Here is a great site to start with.

    http://www.followthemoney.org/

    Time to get rid of the dead weight who are NOT working for the people.

    • l vent says:

      Problem with that is we don’t “vote” anyone into office. No one gets into office that they do not want in office. Voting is just another tool they use to make us think they don’t control the country.They have tried very hard to brainwash all of us but now we are all starting to see they have been lying to all of us for a long time on a massive scale. They have used many techniques to brainwash us but they have failed miserably. Repubs, Dems, meet the new boss, same as the old boss. Maybe no one should vote in 2012 and see what they do. We must do our homework and think outside of the box and be unified as a people.

      • Hope... says:

        I agree….Negron was choosen by the Republicans to replace Foley. He did not “get there” on his own accord. He was losing, till his absentee ballets came through….a little funny how that went down.

        I believe we need to vote someone outside of the corruption. I think many thought Obama would be their hope and he has failed our country, IMO, he is doing nothing but watching us as we crumble. They are all in bed together…

  6. debi J says:

    This response is the very best thing I have read to date. Thank u Lisa for all you do. Thank u Lisa for all of your hard work and dedication and homework and time and sacrifices u have made so that WE are informed and represented. You are amazing and a blessing to all of us caught up in the fraud and fight of the century. Thank you for acknowledging this is real and that we are not just dead beats who deserve it. I have personally been crushed by this real estate crumble. It was designed to fail. It was set up to confiscate all the homes and the money. It was designed straight out of GREED. Thank you lisa for your ambition and willingness to fight and put your self out there. If only we had more like you. God bless you Lisa and may God please bless America– we certainly need it.
    — ps – I am helping one person try to recover their home which was stolen by wells and david stern bought the 300k mortgage for 90k and now has the property. BoA is actively working on a loan mod! If that’s not fraud – I don’t know what else to say besides we need a new senator for sure!! Debi. 561-389-9339

  7. Mr. Joe Senator speaks what he thinks…trouble is..his mouth works faster than his brain can think. Sad..that government does not require an MRI and polygraph before running for a government position. Sounds terrible..but I and many other’s think it would tell the public if a candidate has a brain and are not liar’s. This is getting so disgusting…is it the water or the sun causing this dysfunctional system…or is it bribery ? I don’t think Mr. Joe knows who pays his salary and who he works for…sure does not sound like he works for the citizens of Florida.

  8. Gabe says:

    Politicians are financed by Corporations no wonder Corporations are above the law.

    It is very said that we have representatives in the US who suppose to represent the people and protect the public from these acts. Unfortunately America has the best carrier politicians money can buy.

    I wonder how can they sleep at night, knowing that milions of people and children loosing their homes. Because they take the side of the banks and doing nothing to stop these frauds commited by Banks.

  9. Officer of the Law says:

    Senator Joe Negron, Jr., faces the voters in 2012, and in his special election in 2009, he was elected with less than 9% of the registered voters voting for him. It looks like it is time to make an example of this boy for the banksters, and it looks like he could easily be defeated by anyone who has actually worked on behalf of the public’s best interests.

    If you want to see his campaign web site and his false claims that he works for the people, works to improve the economy, works to improve the justice system, etc., it is at http://www.joenegron.com/ However, I expect that most of his campaign contributions come from the banking and insurance industries and lawyers.

    His law firm profile is at http://www.gunster.com/attorney/joseph-negron-jr/ Naturally, he and his firm represent big business interests, not the people.

    It looks like it is time to investigate Senator Joe Negron, Jr. I expect that he can be easily caught engaging in criminal activity by covering up crimes of foreclosure mill attorneys, banksters, and other members of government who work for the banksters, but of course, most public officials could be caught engaging in criminal activity like this. It’s too bad that none of the foreclosure defense attorneys seem to know how to do this.

  10. Joe, shame on you. The Ten Commandments mention a little ditty about THOU SHALT NOT LIE and THOU SHALT NOT STEAL! And you are going to defend these s-bags? I understand attorneys thinking they are above the LAW, BUT GOD’S LAW?

    No re-election for you, buddy.

    Vote, boycott and litigate in the next coming years, people.

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