Presented by Ricardo & Wasylik, PL

foreclosures

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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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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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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Poor David Stern. Poor Marshall Watson. Poor Florida Default Law Group. Poor Shapiro & Fishman. Three prominent members of Congress—including Barney Frank, the Chairman of the committee that oversees the banking industry—have written a letter to Fannie Mae demanding that they stop using foreclosure mills [PDF] that are under investigation for fraud. You should read […]

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Dear Florida judges: You’re under a lot of pressure. We understand. Foreclosure cases are at an all-time high, and still rising – and you have to figure out a way to handle them all. The foreclosure docket threatens to crowd out almost every other civil matter pending before the court – and now that foreclosure […]

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Lawyers for Homeowner Rights, a group of Florida foreclosure lawyers dedicated to protecting the legal rights of Florida homeowners, are set to march on Tallahassee to protest a dangerous new foreclosure law proposed by the banks. What if you were accused of a crime, convicted, and sentenced without a trial? Imagine you were accused of […]

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The Wall Street Journal published an article on the two Sixth Circuit cases I wrote about last week, both the Harpster and the Visicaro cases. The article quotes a lawyer in David J. Stern’s office, Forrest McSurdy, who makes the outrageous statement that: Judges get in a whirl about technicalities because the courts are overwhelmed. […]

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Last week, we learned that many foreclosure cases have been granted based on inadmissible “Affidavits of Indebtedness” and falsified assignment documents. This week, some of the foreclosure mill lawyers pushing this fake paper have realized they’ve backed themselves into a corner. [PDF] MR. OSBORNE: It appears that our affidavits will be — will need to […]

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Here’s something most of you already know: federal government programs designed to help homeowners stave off foreclosure just aren’t working. A Congressional Oversight Panel investigating foreclosure relief programs found that the programs are almost universally disappointing: Only 1 in 6 homeowners in foreclosure crisis have been helped. Only one million families will lower their payments […]

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Foreclosure should almost never be granted by summary judgment. That’s what I believe, and that’s what most of the lawyers who defend foreclosures in Florida believe. Now, it looks like there’s at least one judge who is starting to think that way too. Before I share with you why this judge may never again grant […]

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Foreclosure plaintiff submits faked assignment documents in Pasco case Imagine you’ve been sued for foreclosure. Now, imagine the plaintiff submits, as evidence, a bunch of falsified documents to establish its right to foreclose. That could never happen, right? Wrong. It did, and Pasco Judge Lynn Tepper found out and would not stand for it, in […]

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New foreclosure lawsuit rules require plaintiffs’ mills to tell the truth -and boy, are they mad! On February 11, the Florida Supreme Court amended the rules of foreclosure proceedings in a radical way: they want someone to swear that the allegations in the complaint are actually true. (Buncha bomb-throwers, aren’t they?) The amended rule says: […]

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How to beat foreclosure Today’s St. Petersburg Times features a front-page story with the bold-face heading “How to Beat Foreclosure” and tells the stories of people who have stayed in their homes for years by gaming the system. Only one problem: filing bankruptcy time and time again is an abuse of the system, and can […]

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Locked out Imagine this: you’re on a two-week vacation. You come back, and find a notice on your door: Entry by unauthorized persons prohibited. Alarmed, you try your key in the lock – it doesn’t fit. You peek through the windows and see that everything you left behind is gone – your furniture, your clothes, […]

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Deed in Lieu of Foreclosure: Giving up the keys Just want to hand in the keys and walk away from your upside-down loan? Many of our clients – often facing impossible monthly payments or gut-wrenching shortfalls on their loan-to-value ratios – just want to turn in the keys and walk away from their loans. “What […]

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