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by Mike on December 22, 2011

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David J. Stern Deposition Released

December 21, 2011

The deposition of David J. Stern has been released. As of this posting, I haven’t even read it yet—I just wanted to get it out there.

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Urgent Client Update–Independent Foreclosure Review–Fact or Fiction (updated 12/21/11)

December 20, 2011

Much has been made in recent months and years of the bad behavior on the part of the banks (and loan servicers– the companies that send borrowers their mortgage statements and collect their payments) that have made the foreclosure crisis even worse than imaginable. Now the Office of the Comptroller of the Currency, the Federal [...]

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Florida’s Residential Mortgage Foreclosure Mediation Program Killed by Courts

December 20, 2011

One of the biggest complaints we hear from Homeowners is that they can’t get an answer from their Bank about a Loan Modification. The paperwork is voluminous to complete and then gets lost or misplaced by the Bank. Phone calls are not helpful and the process is frustrating. In defending Foreclosure Cases, we’d often seek [...]

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Foreclosure Delay vs. Foreclosure Defense

December 15, 2011

I read another Attorney Discipline Report today. The attorney’s name isn’t important (and while the Attorney Discipline Report is a matter of public record, telling you his name wouldn’t do anything except further embarrass and humiliate him), but his story is. This particular lawyer was first disciplined in 2010, and after the disciplinary order was [...]

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Home for the Holidays: Do Foreclosure Miracles Exist? HundredHomesProject.com

December 6, 2011

The law firm of Ricardo, Wasylik & Kaniuk, PL is proud to announce a new initiative called the Hundred Homes Project in an effort to help 100 families recover or keep homes that have wrongly entered foreclosure proceedings. According to attorney Michael Alex Wasylik, thousands of homes across the state of Florida have been wrongfully [...]

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Foreclosure Fraud Witness Found Dead

November 30, 2011
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The woman who blew the whistle to spark the first major robo-signing fraud indictments is dead. Yves at Naked Capitalism tells the story: Nevada notary Tracy Lawrence, who was due to be sentenced today to up to a year in jail for a single count of misdemeanor fraud, went missing from her sentencing hearing today [...]

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Finally, Some Robo-Signing Indictments

November 18, 2011

Housingwire reports that finally, criminal charges are coming to robosigners (allegedly) responsible for forging loan documents as evidence in foreclosures. Gary Trafford and Gerri Sheppard, both California residents described as title officers, were indicted on a total of 606 counts by a Clark County grand jury. The indictments did not say where Trafford and Sheppard [...]

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The Loan Mods Are a Lie: Michael Olenick Crunches the Numbers to Expose the Banks

November 17, 2011

The Mortgage Bankers Association (MBA) claims that its members have modified five million loans in America to help stanch the bleeding on our foreclosure crisis. But Michael Olenick, who has amassed a gigantic database of Florida foreclosure public records, says that nothing could be further from the truth. Remember, the reason for advocating mods is [...]

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Cheryl Samons depo: “David Stern lied to me.”

September 28, 2011
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Former employees of the Law Offices of David J. Stern have filed a class-action against Stern and his firm, claiming they were laid off in violation of federal law when Stern’s firm collapsed in November 2010. Lawyers in that suit have taken the deposition of Cheryl Samons, and her testimony is fascinating for anyone who [...]

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“Oh, no, we have to actually prove our cases!” Bank lawyers respond to the Glarum case

September 16, 2011
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Glarum has the banks running scared. The biggest challenge banks face in today’s foreclosure crisis is that they still haven’t come to grips with the need to tell the truth when they testify. The recent case of Glarum v. LaSalle [PDF] has put even more pressure on the banks to tell the truth in foreclosure [...]

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Banks may have to set aside foreclosures based on robo-signed affidavits, says the Florida Bar

July 21, 2011
Robo-signers still running rampant

Foreclosure lawyers may have a duty to set aside foreclosures that were based on robo-signed affidavits, under an ethics opinion recently approved by the Florida Bar. The opinion (below), produced by bar staff in January of this year, responds to a hypothetical question from an unknown lawyer. The Surrogate Signer Hypothetical Under the hypothetical fact-pattern [...]

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Judge Monaco and the Fantastic Floating Allonges

June 20, 2011
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Some foreclosure plaintiffs are trying to cash someone else’s checks. Some foreclosure plaintiffs are trying to cash checks that don’t belong to them, and forging evidence along the way to help them do it. And here’s the sneaky trick they use to get it done. Without it, the banking industry couldn’t exist: the Uniform Commercial [...]

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How to Beat Your Foreclosure Just by Showing Up

May 31, 2011
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How many people have lost their homes, unlawfully, because they just didn’t bother to fight their foreclosures? There’s no way to know for sure, but it’s got to be at least a million. But what about the flip side—how many people won their foreclosure fight just because they kept showing up, time after time, until [...]

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Deutsche Bank Retaliates Against 60 Minutes Homeowner by Obtaining Fraudulent Default Against Her Son

May 19, 2011
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You may remember the recent story of Lynn Szymoniak, the homeowner who won her foreclosure case after a 60 Minutes story exposed the fraud the infected the entire foreclosure transaction. Deutsche Bank Wants Revenge The bank has come back at her, and this time they want revenge. Now they’ve refiled the foreclosure case, and this [...]

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LPS Exposed: The Wilson Case Shows Us the Fraud

April 18, 2011
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Every once in a while we get a court opinion that spells out exactly what kind of fraud is happening in foreclosure cases, who is responsible, and how they do it. In Re: Wilson is one of those opinions. Read on and prepare to be shocked—unless you’ve read this kind of thing before. An Abuse [...]

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Feds to Make Banks to Pay for Wrongful Foreclosures

April 14, 2011
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In the wake of the robo-signing scandal that broke last fall, one of the drumbeat-steady excuses you heard from the banks and their PR machines was that, despite what they called “procedural irregularities”, all the foreclosures were justified. No one, they claimed was thrown out on the street by mistake. Well, now we know that [...]

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Which Lee County Court Foreclosure Abuse Angers You the Most?

April 9, 2011
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If you read the ACLU’s recent brief in Merrigan v. Bank of New York, you read a picture of a court obsessed with speed rather than justice; a court more concerned with numbers than with fairness; a court more interested in dispossessing homeowners than discovering fraud. The effect of Lee County’s systemic speed fetish is [...]

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ACLU Files its Petition in Merrigan v. Bank of New York Mellon

April 7, 2011

The ACLU has filed its petition with the Second DCA in Merrigan v. Bank of New York Mellon. The scribd.com posting of the brief and the appendix are linked below: Petition in Merrigan v. Bank of New York Merrigan 2d Dca Petition.final Signed Appendix in Merrigan v. Bank of New York Merrigan Appendix 20110407

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