The Florida Foreclosure Fraud Weblog
Where Florida homeowners fight back against foreclosure fraud
If there was any doubt in your mind that banks have been forging evidence, put it to rest. According to the New York Post, an internal Wells Fargo manual has now leaked confirming the exact procedures Wells and its attorneys use to fabricate evidence in foreclosure cases—down to the computer codes they use to order […]
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The case of Florida Bar v. David J. Stern just reached its next-to-last step, as the judge presiding over the hearing recommended disbarment. The report is scathing. Read it for yourself: Florida Bar v. David J. Stern: Report of Referee [PDF]
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You’ve got a forged signature in your mortgage documents. You’ve got them dead to rights—there’s no doubt it’s a fake. You’re excited, because you think you might have a free house. So, can you cancel your mortgage? The answer may surprise you. Who Else Wants a Free House? A lot of homeowners call us, having […]
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Although many people have heard of the Florida foreclosure kingpin David J. Stern, not many of those people get to see him in person. Â And I, who have litigated hundreds of cases against his law firm, never saw the man before today, when I testified in the trial of the numerous bar complaints against Stern. […]
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The Angry Judge and the Mandate from Tallahassee We had settled the case, and the judge was furious. She stood up from her seat, looming over us from the bench, and yelled at the at me and the bank’s lawyer. We had dared to agree to postpone the foreclosure sale date so the bank would […]
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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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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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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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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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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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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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If you saw Sunday’s 60 Minutes episode about foreclosure fraud perpetrated by DocX, Linda Green, and LPS, fearing the many faces and many signatures of Linda Green as presented by Lynn Szymoniak, then you missed out. If you saw it and don’t believe that our financial instituions have been perpetrating massive, systemic fraud on an […]
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Did you know that one company is to blame for most, if not all, of the outright fraud found in foreclosures across the country? That one company handles the overwhelming majority of so-called “defaulted” loans? That one company generates—i.e. fabricates—all the paperwork, hires all the lawyers, tracks all the numbers, and pulls all the strings? […]
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Fountain pens and foreclosures In these days of robo-signers and rocket-dockets, you can easily imagine losing your family home at the stroke of a pen—based on the signature on a perjured affidavit, or the order of a hurried judge—but how often have you heard of a home saved by the stroke of a pen? A […]
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They also have incredible memories and can ignore the notary rules, too. In every lawsuit, one of the first and most important steps is service of process on the defendant. In a foreclosure action, service of process consists of the Lender’s attorneys informing the homeowner that the property is being foreclosed upon. The courts have […]
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Chase Follows GMAC, Freezes Foreclosures JP Morgan Chase announced a freeze on mortgage foreclosures in 23 states—including Florida—just a few days after GMAC did the same. Chase took this unusual action because it could not tell whether it had submitted false affidavits or had committed perjury before the foreclosure courts of those states. While announcing […]
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Reuters reports that GMAC’s recent foreclosure funny business—in Florida and elsewhere—may damage its bond ratings and ultimately hurt its bottom line. Moody’s Investors Service said on Friday it may cut some ratings of GMAC Mortgage as irregularities in its home loan servicing process may result in delayed foreclosures. The rating company’s concern came after GMAC […]
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It’s nearly impossible to keep up with the firehose of attention the national media are giving the Stephan/GMAC/Ally foreclosure scandals, so I’ll just do a quick summary of some recent articles: The Washington Post: Ally Financial legal issue with foreclosures may affect other mortgage companies Jeffrey Stephan was required to review cases to make sure […]
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Florida Default Law Group this week sent out a wave of bizarre “Notices” in many of its foreclosure cases, to “withdraw” affidavits Florida Default Law Group filed as evidence in various foreclosure cases. Are Jeffery Stephan Affidavits False? The affidavits in question were signed by a man named Jeffrey Stephan, who claimed in various cases […]
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