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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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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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“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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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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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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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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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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MERS (What’s in your mortgage?)

by Mike on March 18, 2010

The MERS Conveyance The heart of your mortgage – the most important clause in the entire document – is the “Transfer of Rights in the Property” clause. This is the language that creates the lender’s security interest backing the loan – it’s the sentence that allows them to foreclose if the borrower doesn’t pay. But […]

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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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