Palm Beach County’s backlog of cases is at about 53,500, which is fewer cases than earlier this year
1. Dismiss all cases filed after February 11, 2010, that do not include a verification in accordance with the Florida Supreme Court revised rules of Civil Procedure. The big foreclosure firms, particularly the Law Offices of David Stern, are choosing to ignore the rule requiring verifications. All parties should be required to follow the rules.
2. Dismiss all of the cases where the plaintiff is a bank “as Trustee” but the name of the trust is not disclosed. Failure to identify the actual trust is one of the newest strategies of the foreclosure mills. The trust, not the trustee, is the real party in interest.
3. Dismiss all of the cases where the complaint is not signed by the attorney whose name appears on the pleading. The big foreclosure firms in thousands of cases have someone other than the attorney on the pleading sign “for” the attorney who drafted the pleading. This is done so that both attorneys can deny responsibility.
4. Dismiss all of the cases that include these boilerplate allegations by the bank or trust: “We own the note. We had possession of the note. We lost the note.” These allegations appear in over 20,000 cases. By now it is apparent this is a ruse – no one actually lost 20,000 mortgages and notes. Frauds upon the courts should not be tolerated.
5. Dismiss all of the cases that include a Mortgage Assignment that was signed by an employee of the foreclosure mill law firm signing as a MERS officer. This would include thousands of cases where Cheryl Samons and Beth Cerni, administrative employees for David Stern, signed as a representative of the GRANTOR when the firm was actually working for the GRANTEE. This would also include cases where Patricia Arango and Caryn Graham, two associates working for The Law Offices of Marshall C. Watson, signed as MERS officers. This would also include all cases where Christopher Bossman, an administrative employee in the Daniel Consuegra fiirm, signed as a MERS officer. This would also include all cases where officers of Florida Default Law Group signed as MERS officers. In all of these cases, no disclosure was made to the Court or to the homeowner/defendants that the Assignments were prepared by law firm employees with no knowledge of the truth of the matters asserted therein.
6. Dismiss all of the cases where a Mortgage Assignment was signed by Jeffrey Stephan of GMAC (notarized in Montgomery County, PA). Stephan has already admitted in sworn testimony that a notary was NOT present when he signed mortgage assignments, even though the Assignments contained a contrary statement.
7. Dismiss all of the cases where the documents were prepared by employees of Lender Processing Services since this company has already admitted in its Annual Statement with the SEC that investigations, internal and otherwise, revealed problems with the documents that were so significant that the company implemented a “remediation” program (and in January, 2010, laid off most of its employees in Alpharetta, GA. Until this company discloses which documents were determined to be defective, and what corrective actions were taken, no documents from LPS submitted to establish ownership and standing (notarized in Fulton County, GA; Duval County, FL and Dakota County, MN) should be relied upon by the Courts.
8. Dismiss all cases where a Mortgage Assignment has been made by American Brokers Conduit, American Home Mortgage Acceptance or American Home Mortgage Company, or nominees or mortgage servicing companies working for these American Home companies, after August 6, 2007, the day these companies filed for bankruptcy. The bankruptcy court did not authorizing these actions.
If Palm Beach County judges looked critically at the documents submitted by the foreclosure mills, they would reach the same conclusion as judges in other Florida Circuits – that the documents submitted by the foreclosure mills are worthless and the attorneys submitting these documents deserve strict sanctions.
LYNN E. SZYMONIAK ESQ.
Hi,
Regarding #8: Can someone please tell me where I can find out more about how the bankruptcy rules come into play with these foreclosures? For example, does it make a difference if the original lender has filed for Chapter 7 vs. Chapter 11 when determining whether an assignment of mortgage (or any other document, for that matter) is valid when executed after the lender has filed for bankruptcy? I’m wondering if the reorganization vs. straight/discharge distinction is relevant…
Thanks,
Anon
Those are all good ideas. I have another.
In each county hire someone/s with a basic knowledge of TILA and HOEPA to review original loan documents. It would be beneficial for them to also be familiar with basic RICO and UDPA regulations.
Set up a database and communications network for all counties in each state.
There are currently a lot of people out of work. I expect some of them are already familiar with TILA and HOEPA and would require no training. RICO and UDPA would, in a basic sense, take care of themselves as the patterns began to emerge.
Require that before a foreclosure could proceed the prior bad deeds must be addressed and settled.
My guess is that the majority of foreclosures would come to a grinding halt.
What case or FRCP rule states that the complaint must be signed by the attorney whose name appears on the pleading? There is no attorney’s name on my pleading, except under the signature on the last page. You know how it usually says: “by and through the undersigned attorney.” Mine doesn’t say that. In fact, the attorney’s name is Nalini Singh, and the signature clearly begins with the letter J. There is a stamp farther down the page that says “Jennifer Barlow” and that may be who signed it, but that isn’t what the closing signature says.
Amen!!!
Lyynn — You forgot all cases by Aurora, which is/was wholly owned by Lehman when they went BK. Since Lehman told the WSJ they hope to obtain servicing rights in the future from the BK trustee that means they don’t have them now.
In preliminary findings the BK trustee has already said Lehman was cooking the books by engaging in massive asset transfers — specifically related to mortgages — it’s unlikely they’ll be able to prove anytime soon where the securities and/or servicing rights landed when the music stopped playing.
Of all companies, Lehman/Aurora shouldn’t be filing anything; they shouldn’t even be in business. I don’t even understand why the automatic stay of BK on Lehman’s part hasn’t stalled all litigation; those stays stop litigation on both sides of the transaction, not only against debtors.
The just received LP on my homesstead was “verified” by a Marcia Williams titled as : Assistant VP and/or as Servicing Agent for Plaintiff. How do I find out if she works for one of these foreclosure mills?
HI , I just saw your note about Marcia Williams, I don’t know what your situation is at the moment, but if you have a copy of her signature, would you please email it to me asap? I am trying urgently to get a foreclosure sale scheduled for tomorrow stopped, thank you! kate Love
Do you have any info on Marcia Williams or Wanda Collier i also want to find out if they work for any foreclouser mills. Or Robo Signers.
I am also trying to find out about Wanda Collier supposedly of MERS – she shows to be the asst secretary for MERS who signed my assignment of deed of trust on april ,2011 to be effective on Oct 01 2009. property is in texas – and notary was texas notary – what locatio was wanda in when a texas notary signed it.
AND let’s not forget that the cash strapped courts, where the hard working employees are threatened with another set of massive layoffs due to draconian budget cuts will recoup up to $1,900 for each refiled case that was dismissed based on the above reasonable criteria!
This is a taxpayer and county revenue issue, not just a foreclosure issue.