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Monday, September 21, 2009

ATTORNEY FOR DAVID J. STERN LAW OFFICE IN MONTHS LONG FLORIDA BAR INVESTIGATION HAS BEEN FIRED OR RESIGNED, SARASOTA JUDGE AND US ATTORNEY TAMPA SUGGEST LEGAL ACTION AGAINST STERN LAW OFFICE IN BOTCHED FORECLOSURE CASE.


ATTORNEY FOR DAVID J. STERN LAW OFFICE IN MONTHS LONG FLORIDA BAR INVESTIGATION HAS BEEN FIRED OR RESIGNED, SARASOTA JUDGE AND US ATTORNEY TAMPA SUGGEST LEGAL ACTION AGAINST STERN LAW OFFICE IN BOTCHED FORECLOSURE CASE.

Results from a Foreclosure Motion Hearing in Sarasota Circuit Court during the week of 9/14/2009 reveal that an attorney for the David J. Stern law office in Plantation Fl had been under investigation by the Florida Bar since January of 2009 for mistakenly filing a Foreclosure on a Sarasota family and for some unknown reason had included a Federal Tax Lien of another man with the same name but this man had a different Social Security Number (SSN). The attorney for the David J. Stern Law office has been fired or resigned.

When information of this situation was revealed to the Sarasota Circuit Court Judge in the Foreclosure Motion Hearing brought by the defendant against the David J. Stern Law Office last week, the Judge suggested that the Sarasota defendant could file a complaint against the David J. Stern Law Office and seek compensation.




This Sarasota family has been able to make accelerated payments in a forbearance agreement with American Servicing Company since Feb./09 and have entered into a new loan modification with Wells Fargo Bank at the beginning of Sept./09 reducing the monthly mortgage payment by $900.00, going from a A.R.M. to a Fixed mortgage rate and reducing the mortgage percentage rate from 8.9% to 5.0% all the while dealing with the inept Stern Law Office.

The Law Office of David J. Stern in their rush to foreclose this Sarasota family in Jan./09 Served a Complaint on the United States of America (USA) as a co-defendant in the Foreclosure Complaint, 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 of John F. Rudy III in Tampa Fl and so indicated that the subject of their Federal Tax Lien was the owner of the property in the Stern Foreclosure Complaint, which was incorrect.

The attorney who filed the bogus Foreclosure complaint for the Stern Law office refused to remove the bogus Federal Tax lien from the complaint, the Sarasota family contacted the US Attorney John F. Rudy III at 400 North Tampa St Tampa Fl and provided proof of the correct SSN, and that this SSN was on the original Homestead exemption for the specified property. The US Attorney in Tampa filed a Motion to Leave the bogus foreclosure complaint in March of 2009 and in a phone conversation with US Attorney John F. Rudy III, he suggested that the Sarasota family begin legal action against the Stern Law Office.


The Law Office of David J. Stern did no research, no due diligence, 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 Sarasota family who must now fight off the creditors of some other person, how stupid is this Stern 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 Law Suit, see Las Vegas case below from the Mortgage Law Network, real Lawyers.


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
private investigator
www.wbipi.com
941-926-1926
$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.
I am no attorney nor any kind of Legal Eagle but in my business, as a licensed private investigator in the State of Florida, 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.
I received a confidential report from the Sarasota Family revealing that the Law Office of David J. Stern in Plantation Fl had mistakenly filed a Foreclosure on this Sarasota family and 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.