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Sunday, February 15, 2009

LAW OFFICE OF DAVID J. STERN MISTAKENLY FILES FORECLOSURE ON FLORIDA FAMILY, INCLUDES FEDERAL TAX LIEN OF ANOTHER MAN & SERVES US ATTORNEY, HOW STUPID

The Law Office of David J. Stern appears to lead the way in forcing foreclosures across the State of Florida and in their haste to make a quick buck from clients, such as Deutsche Bank, are also illegally running these Foreclosures through the Courts.


I had posted several articles, see below, about the David J. Stern Law Office in Plantation Florida during January 2009 and since then have received hundreds of emails from victims of the David J. Stern Law Office.






The Law Firm of David J. Stern and Deutsche Bank are foreclosing on Florida properties at break neck speed, most often without holding proper title to the property. Deutsche Bank then turns around and sells the foreclosed property at 40% to 50% less than the listed mortgage balance at foreclosure, how can they do that and stay in business, easy when you never actually purchased the mortgage, pure profit.


The Miami Herald reported that Miami is tops in the nation in foreclosures nearly double the National average. Not a surprise. Real estate sales listings in Miami Dade County now routinely list foreclosure sales, sometimes they make up most of the sales in neighborhoods. Prior to the last couple of months, foreclosure sales listings were few and far between.

Lenders are finally selling their properties off at losses, some less than 50% of their previous selling price. This condo is a case in point: It sold for about 40% of its previous sales price. The building is called the “Loft Downtown” and it is located at 234 NE 3 Street. The unit shows ownership by Deutsche Bank National Trust Co. Trs. The condo is on the 3rd Floor and it is a 1/1 with 784 square feet. It previously sold for $248,000 in 2006. It sold recently for $97,900. The owner listed in the sale is: GSAMP Trust 2006-Nc2 (Deutsche Bank is on the Property Appraiser Website).
Action Date....Reference..."Public Reprimand" ..10-24-2002...199850098.


Public records documents on this case are available by emailing The Florida Bar at lrinfo@flabar.org. Obviously there are some problems with the way Mr. Stern runs his law firm, but yet it gets worse.


I received a confidential report from a Florida Family that the Law Office of David J. Stern in Plantation Fl had mistakenly filed a Foreclosure on this family and for some unknown reason (to seek leverage) had included a Federal Tax Lien of another man with the same name but this man had a different Social Security Number (SSN), a different middle name and a different Date of Birth (DOB) and never lived at the address of the supposed Foreclosed property.


The Law Office of David J. Stern in their rush to foreclose then Served a Complaint on the United States of America (USA) as a co-defendant in the Foreclosure as they held the Federal Tax Lien on the"other" man.


The Law Office of David J. Stern then also served the Foreclosure Complaint papers on the US Attorney's Office and so indicated that the subject of their Federal Tax Lien was the owner of the property in the Foreclosure Complaint, which was incorrect.


I am no attorney nor any kind of Legal Eagle, but in my business when I start a case the first thing I do is identify my subject with correct name, DOB and SSN where he lives and has lived and any other info that pertains to the subject.


The Law Office of David J. Stern did no research, obviously never checked the SSN on the mortgage papers of their client Deutsche Bank to see if they were Foreclosing on the right person and by adding the wrong Federal Tax Lien to the Foreclosure Complaint have forever ruined the credit of this family who must now fight off the creditors of some other person, how stupid is this Law office, very stupid.


As I pointed out, I am no attorney, nor do I give anyone legal advise, but for "Pete's Sake" this case cries out for a Counter Law Suit, see very recent Las Vegas case below from the Mortgage Law Network, real Lawyers.


$3.4 Million Dollar Jury Verdict In Las Vegas For Wrongful Foreclosure ..By Carmen Dellutri , Attorney, on Jan 28, 2009. A Las Vegas Jury recently awarded a family $3.4 million in a wrongful foreclosure case.


As you can guess, this wasn’t your everyday foreclosure. It kind of reminds you of the McDonalds hot coffee case.


After testimony, the Jury found that Countrywide Home Loans, Inc. wrongfully foreclosed on the Plaintiff’s condo and awarded the Plaintiff $922,690 in compensatory damages and $2.5 million dollars in punitive damages. As a lawyer who regularly sues insurance companies, mortgage companies and credit card companies, I think the Jury got it right.


The Plaintiffs had temporarily moved to Tucson, Arizona for work. Countrywide sued for foreclosure, wrongfully, and sold the condo. The Plaintiffs discovered what happened in 2003. Somewhere down the line, the Plaintiff’s personal possessions were discarded and some items, including a wedding dress and family photos, may have been thrown into the trash.


How could something like this happen? Good Question. The foreclosure was supposed to happen on another condo. As a lawyer, you always wonder why this case wasn’t resolved by Countrywide prior to the trial. One can only guess as to what Countrywide was thinking. Normally, the two sides just don’t value the case in the same way. I would like to congratulate the Plaintiff’s attorney on a job well done.


Countrywide said in a statement that they are very disappointed in the result. Yea, imagine that. Now, they will probably spend a fortune appealing the juries decision, instead of doing the right thing and paying the Plaintiffs for their screw-up.



Bill Warner