Presented by Ricardo, Wasylik, & Kaniuk, PL

ACLU Challenges Lack of Due Process Protections in Florida’s “Foreclosure Courts”

April 6, 2011
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They’ve heard enough about foreclosure funny business in Lee County, and they’re not gonna take it anymore. Who am I talking about? Why, the ACLU, of course. On Thursday they’re going to file a Writ of Certiorari—essentially, a special petition—with the Court of Appeals for the Second District of Florida, challenging the “rocket docket” procedures [...]

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60 Minutes Homeonwer Lynn Szymoniak Wins Dismissal of Foreclosure

April 6, 2011

Remember the 60 Minutes episode Sunday night about the wholesale falsification of evidence in foreclosure cases? As for the homeowner featured in that story, the Palm Beach Post reports that Lynn Szymoniak’s foreclosure case was dismissed Tuesday. The victory isn’t a permanent one—the plaintiff has 30 days to file a corrected complaint—but in my own [...]

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60 Minutes on Foreclosure Fraud, LPS, Docx, and Linda Green

April 3, 2011
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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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Lender Processing Services: At the root of all foreclosure evil

March 30, 2011
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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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Bank of America Fraud Emails Obtained by “Anonymous” Hacker Collective

March 12, 2011
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Bank of America has been long rumored to have lost a massive trove of emails to Wikileaks. Now, members of the hacker collective “Anonymous”—who have retaliated against entities that stood against Wikileaks—have claimed that they have obtained copies of BoA emails that show intentional mortgage fraud by BoA, and they plan to release those emails [...]

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David J. Stern to shut down Florida operations

March 7, 2011

The Law Office of David J. Stern is shutting its doors for good, according to a new filing today with the Securities and Exchange Commission. That filing, on behalf of DJSP ENTERPRISES, INC. (the public legal-support company that Stern spun off from his law firm) says that: DJSP Enterprises, Inc.’s (the “Company’s”) primary customer, the [...]

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How this $83 fountain pen helped save a family home from foreclosure

March 1, 2011
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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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“Destroy the loan docs!” Judges asked to approve mass shredding

February 21, 2011
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It’s bad enough to lose loan paperwork worth a quarter-million dollars (or more!) Now some trustees for bankrupt lenders are asking federal judges to approve a massive, intentional destruction of the original loan papers. Why? Because it’s apparently just too expensive to keep track of these six-figure loans: In a January 6, 2010, motion, Neil [...]

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Foreclosure mediations are a fraud: plaintiffs get paid NOT to settle

February 21, 2011

Ever wonder why more foreclosure cases don’t settle? After all, in other types of lawsuits, as may as 90% of them settle out of court. Foreclosure cases are nowhere close. But what about court-ordered mediation? The Florida Supreme Court has ordered most foreclosure cases to mediation, where the parties must sit down and spend time [...]

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Ben-Ezra & Katz, Sanctioned for Fraud, is Having a Very Bad Day

February 11, 2011
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Ben-Ezra and Katz is having a very bad day indeed. Not only has Fannie Mae just pulled the plug on the firm’s authorization to handle its cases, the firm’s founder had to appear before a Miami-Dade judge this morning to explain why his firm filed several fraudulent documents in a foreclosure case there. The judge [...]

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Albertelli Law, Daniel Consuegra, and Kahane & Associates now Targeted by Florida Attorney General

February 11, 2011
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Albertelli Law, Daniel Consuegra, and Kahane & Associates Draw AG Scrutiny The investigation into Florida’s foreclosure mills just doubled in size (almost) as the scope widens to include three new law firms under examination for fraudulent foreclosures. Shannon Behnken of the Tampa Tribune reports: Tampa firms Daniel C. Consuegra and Albertelli Law, as well as [...]

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Ben-Ezra & Katz: Another Foreclosure Mill Bites the Dust

February 10, 2011
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This just in: Fannie Mae has banned Florida foreclosure mill Ben-Ezra & Katz from handling any Fannie foreclsoures, effective February 15, 2011. Here’s the text of the memo I got from a source, un-edited except for formatting: Servicing Notice: Termination of Relationship with the Ben-Ezra & Katz Law Firm Fannie Mae has issued the following [...]

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Florida Supreme Court to Weigh in on Foreclosure Fraud in Pino

February 10, 2011
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“Many Mortgage Foreclosures Appear Tainted With Suspect Documents” says Fourth DCA Florida’s Fourth District Court of Appeal is very concerned about foreclosure fraud. In a recent case, Pino v. Bank of New York Mellon [.pdf], the Court considered the case of whether a bank can avoid court sanctions for fraud by simply dismissing its case [...]

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Foreclosure Fraud Talk by Michael Alex Wasylik on Bay News 9

February 5, 2011
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Free Foreclosure Seminars in Boca Raton, Florida on February 8, 15 and 22 (7-9 pm)

February 1, 2011

Ricardo, Wasylik & Kaniuk, PL is proud to announce a series of FREE FORECLOSURE SEMINARS to be held in February. These programs are designed to provide homeowners with FREE Information about Loan Modifications, Short Sales and Foreclosure Defense. Ron Kaniuk, the Managing Partner of the Firm’s South Florida Operations noted that these programs were being [...]

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Lee County Judge Gives Banks Special Privileges—AGAIN.

January 28, 2011

When I was a kid, I used to read science fiction novels with aliens who swooped down to Earth, attached themselves to poor innocent human beings, and control their minds to do the aliens’ bidding. When I read this order, the second of its kind from this judge, I have to wonder if that’s what’s [...]

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Judge Blasts Florida Default Law Group for Wasting the Court’s Time

January 28, 2011
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Here’s a great way to end a Friday: I just got an order in one of my cases throwing the case out of court, because the bank’s lawyers disobeyed a fairly simple rule that requires them to swear that the allegations in the complaint are true. The Final Order of Dismissal blasts the bank’s lawyers [...]

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Verification of complaints: banks have to follow the rules in Pasco County

December 15, 2010

Rules are meant to be followed in Pasco County Unlike in Lee County, the judges in Pasco County expect banks to follow the rules in foreclosure cases. The verification rule and its critics Earlier this year, the Florida Supreme Court ruled that plaintiffs in foreclosure cases had to verify the foreclosure complaint—in other words, they [...]

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Banks Don’t Have to Follow the Rules in Lee County, Says Judge Starnes

December 11, 2010

This ruling is a disgrace: Lee County Judge Hugh Starnes has ruled that banks in foreclosure cases don’t have to follow court rules. At a recent foreclosure hearing, the defense attorney (Conrad Willkomm) argued that the bank had violated an important evidentiary rule: the bank was relying on its business records, but no one swore [...]

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