Mark Stopa | Foreclosure Fraud… by Lawyers?

Foreclosure Fraud… by lawyers?

Those damn zealots at www.4closurefraud.org and www.foreclosurehamlet.com, they’re always screaming about fraud in foreclosure cases. We all know the cries of fraud are overblown, something asserted by deadbeat homeowners as an excuse to not pay their mortgages … right?

I’m going to have to exercise some restraint on this one and save the commentary. Instead, take a look at this document and compare it to this document. Notice any differences? You won’t at first – the distinction is subtle. Before I point out the difference, a little background.

I’ve been defending this foreclosure lawsuit for some time, and the plaintiff chose to voluntarily dismiss it, entitling me to seek prevailing party attorneys’ fees. Under Rule 1.525, that motion has to be filed within 30 days of the dismissal. This document was served upon my office, and it reflects the case was dismissed on January 17, 2012. As a result, I did a motion for fees on February 16, 2012 – within 30 days. (Usually I don’t wait until the last day, but that’s what happened here.)

Rest here…

Wish we had more time to spend on this one but been out of town for a few days (going out of town again tomorrow) and still playing catch up.

~

4closureFraud.org

Comments
9 Responses to “Mark Stopa | Foreclosure Fraud… by Lawyers?”
  1. Imanda Waldon says:

    Our fight has been with Citi since 2002 and lawyered up in 2005. Still have boxes packed since 2005. 3 Mediations through the Collins Center and Citi provided NO required documentation. Court order that Citi had to produce documents by March 30, 2012. (Still nothing) Motion to dismiss on May 04, 2012. Citi admits this case is a lost title case and judge rules in their favor. Citi lost over $13,000.00 in our payments and should that not be a simple fix? NO WAY! Oneday before Motion to Dismiss we all of a sudden qualify for a loan modification. They are stating our interest rate could drop from 10.81% to 5.4% with an increase of $100.00 in our monthly payment because they will include over $40,000.00 more on our loan that we do not owe. We have been paying on our home for 18 years, and owe more than than our original note. To crazy. Now Citi is threatening us and our attorney. Will keep all posted. Oh yeah…..IF WE QUALIFY FOR A PERMANENT MODIFICATION, the new loan will be for 30 MORE YEARS. We have paid over $200,000.00 on this loan since orgination; we bought our home for $42,000.00. We have paid more than that in attorney fees, interest fees, etc. We paid Citi over $40,000.00 in 54 months. CRAZY< CRAZY<CRAZY!

    • Glenda Chauncy says:

      I am hoping some suggestions will help you. Here in Florida, well Central Florida, very few of us have done the following with very quick results…the term that is being used is “reformation” of mortgage terms. First if you look at the origination of Mortgage, who was the “lender” listed on your documents. Can you research if this company was LICENSED to do business in your State. 2nd…on your foreclosure SUMMONS…do yo have a robo signer on your assignment of mortgage or allonge of note? Google all names listed on these two documents. If you don’t have these documents you must go to the County Records to see what they filed in your case to say who now has the note and mortgage. See if the assignment was filed prior to foreclosure summons or after the foreclosure summons. Did they file and ADDITION amendments to the foreclosure complaint at any time??? Another call to make is directly to the lender and ASK them WHO IS THE INVESTOR of your mortgage…YOU MUST make this call….if they will not give it to you verbally…ask them where to send a letter to request that information. This is VERY important on how to get a possible solution!!! Did you qualify for the Independent Foreclosure Review??? VERY IMPORTANT in FBI investigations task force that is now in place. If you can do some of this work…I will see if I can assist you further!!!!

  2. Mark Bowen says:

    I will re-post here my comments to the original Stopa blog article now, which was not approved by Stopa, so you can’t see it on his site:

    Fraud on the Court? By Officers of the Court? NO WAAAAAAAAYYYYYY!!!!!

    The fact is, many members of the Florida Bar (a/k/a self-regulated Official Arm of The Supreme Court) are clearly guilty of fraud and fraud on the Court, but only a pro se litigant would ever proffer such claims.

    The Florida Bar (Supreme Court) is complicit with fraud and fraud on the Court, and I nave a mountain of evidence to prove it.

    Consider this: There is NO governing law in the State of Florida which gives the authority to represent a client to any other than a member in good standing of the Florida Bar. A law firm cannot be a member of the Bar, only an attorney can. Florida Statute 1.01(3) states “The word “person” includes…firms,…corporations,…and all other groups or combinations. Florida Statute 454.23 states that “Any person not licensed or otherwise authorized to practice law in this state who practices law in this state…commits a felony of the third degree…”.

    Now consider this: Have you ever seen a representation agreement with an attorney that was actually with an attorney, or was it an agreement with a law firm?

    I submit that any law firm that claims legal authority to be capable of representing a client is in violation of UPL.

    MUCH more where that came from…more to follow.

    In the mean time, yes, Circuit Court Judges, Appellate Court Judges, Supreme Court Judges, and prosecuting and defense attorneys have all been corrupted by a legal system in this state which clearly favors Corporatism over individual Due Process Rights, and the people of this State are being swept under the rug (lives destroyed) in their effort to appease their Masters.

    “Resistance to Tyrants is obedience to God.” Thomas Jefferson

    • J. Alonzo says:

      It’s so sad this is how most Americans feel in some way or another. Are judicial system is all bought and corrupt. Not to mention, Bush gave us the Patriot Act, which is a tool that basically pillages are civil rights and now Obama gives us the NDAA which is, well you know. Another Ass F@&$ to the American SHEEPLE. What’s so scary is the corruption and big corporate favoritism so in your face, now more Then ever, that it has just hit a dangerous level of exception. Keep fighting the Patriot fight. Give me liberty or give me death. Patrick Henry.

  3. To Tell The Truth says:

    Perhaps they thought it would not be reviewed by him personally but the assistant? Not sure but there are attorneys out there that are irrisistable greedy and dishonest.

    I received a call today from WPB. The elderly lady, 86, was visited by a realtor property management gang ho on listing the property for a so called lender who just sold the property on auction on the 4th May. To my surprise he said the lender was Saxon and the servicer was Saxon but the foreclosure was initiated and judgment brought by Country wide and the fees by BAC. First time the name saxon appearing…the first sale was topped/overturned by a judge…the proeprty was a crime against the elderly, stolen by a false quit claim ..l.ong story but now another new lender is the new owner? Something is not right so am investigating. If anyone know anything about a saxon mortgage let me know, thanks.

    • Glenda Chauncy says:

      We have seen this too OFTEN lately, especially when BAC is involved. First, I would call the “servicer” Saxon directly and ask questions. One being, what notification was presented to the elderly lady that a new servicer was now responsible for her mortgage? If in fact there was a change of hands…then a documented letter should be in her records with Saxon. If not, then the break down begins!!! And again, with BAC involved this has been the “usual” procedure that NOTHING has been given to the homeowner, let alone Plaintiff’s counsel or the courts. What we have found with BAC, Fannie Mae and Freddie Mac and multiple servicers “possessing” the so called bad paper are NOT FILING proper documentation to say they are the new “owner” of note and mortgage, but continue to foreclose on properties. WHY?? Because most homeowners and some DEFENSE Attorneys have NO CLUE how to fight and the Plaintiff’s counsel, judges and the banks/servicers all know that there are MORE out there NOT educated to know what is happening and steal the homes anyway!! HATE speaking the truth…but it is what it is!!!! Check the county records that have recently been filed or not filed. There has to be notification that Saxon is now involved AND they must change the PLAINTIFFS position by properly filing with the Clerk of the Court. If they haven’t, then they have NO RIGHTS to foreclose on the property!! You should file a MOTION TO QUASH asap!! You need to research the “CHAIN OF Failure” is how we describe it. Also when making that call to Saxon…find out who the investor is!!! If in fact it is Fannie Mae or Freddie Mac they are to STOP any foreclosure proceedings if that homeowner is a QUALIFIED candidate for the HAMP program!!! You would then contact by phone and IN WRITING to the Plaintiff’s counsel…putting them on notice that the procedure should STOP until all documents are reviewed to help this elderly woman who qualifies for the HAMP..Hope this helps!!!

  4. Glenda Chauncy says:

    I surely HOPE that this is reported to the Florida Bar and that some disciplinary action takes place. This smacking people on the hands for fraud or illegal documentation alterations MUST stop. What has this country come to??? We have AG Funds that pay out “whistle blowers” knowing fraud and illegal behavior has been committed ….we have funds that pay homeowners for illegal behavior…WHY??? People who signed with initials, not full signatures to falsify legal documents to STEAL homes from people???? WAKE UP AMERICA….when have we stooped so low that this is acceptable in our country???? ALL PEOPLE involved in FRAUD, ALTERING CONTRACTS or LEGAL DOCUMENTATION should be serving jail time, let alone work for the public!!! All the ROBO-SIGNERS every single last one of them should be serving time…every EXECUTIVE that KNEW this fraud was taking place should be serving time and ALL THE LAW FIRMS in this COUNTRY who knew when Attorneys Mark Stopa and many others were bringing this to the courts the fraud…should not be practicing law….Judges who granted EVICTIONS….should be out of office….END OF STORY….I don’t know how any of these people sleep at night…knowing the debacle of decisions based on greed and money has changed not only my community, but changed communities around the country. 1 out of 5 CHILDREN will go hungry today because of job loss, medical reasons, LOSING HOMES to foreclosure…I AM ASHAMED TO SAY I AM AN AMERICAN….we MUST get our HEADS out of the SAND before it is too late….

  5. see says:

    It is clearly obvious that the doc sent to Stopa was different than the one sent to the records office. It would be interesting to hear the explanation as to why the docs have different dates. I see a date stamped and in my opionon white out was used because some of the lettering is covered and then I see a date stamped with the the number 3 written over what I think is a 7. I want to say unbelievable but it is not. Are they this stupid that they thought Stopa would not catch this? The things they do for fraud.

    • mee says:

      but what is the record date?
      so how does something dated allegely the 17th get recorded on the 13th??

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