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Wednesday, September 02, 2009

David J. Stern Law Office "CASH IN ON FORECLOSURES" With Sewer Service and Bid Rigging on Homes Sold on The Court House Steps FBI Needs to Investigate


David J. Stern Law Offices "CASH IN ON FORECLOSURES" With Sewer Service and Bid Rigging on Homes Sold on The Court House Steps, FBI Needs to Investigate.

Law Firms Cash In On Foreclosures; By MICHAEL SASSO, The Tampa Tribune, Published: April 1, 2008...The Law Offices of David J. Stern of Plantation filed at least 263 foreclosure suits in Tampa, and the Law Offices of Marshall C. Watson of Fort Lauderdale filed 182. It's not clear how many foreclosures these firms filed in other counties. A lawyer in Stern's office also declined comment, saying the firm's financial service clients request that Stern not speak with the media.

The Law Offices of David J. Stern of Plantation is also the largest filer of foreclosures in Manatee and Sarasota County.

Law Offices of David J. Stern P.A., 900 S Pine Island Rd. Ste. 400, Plantation, FL 33324-3903, Phone: (954) 233-8000....Fax: (954) 233-833.

A ex-employee of the Law Offices of David J. Stern of Plantation has contacted me, Bill Warner, in response to the article I posted on Monday, May 18, 2009, that followed up on the Tampa Tribune article of April 2008, (see above), it appears that what I had claimed about "sewer service" by Provest LLC in Tampa Fl (working for the Stern law office) is just the tip of the iceberg.

It appears from this ex-employee of the Law Offices of David J. Stern of Plantation that Provest, the process service company in Tampa, also has an office in the same building as the Law Offices of David J. Stern IN Plantation and that "sewer service' was done all the time and if needed Provest would pre-date the service of summons to make it appear that you had already been served and allow Stern to put your foreclosure case on a "rocket docket' to get the house up for sale on the Court House steps.

Then the sales girls in the Stern office (a lot of the associate attorneys at the Stern Law firm have real estate licenses) would contact outside buyers and inform them of the exact time and date of the "court house steps sale" and tell the outside buyers what the correct amount to bid that would be approved by the bank and the court,(this is "bid rigging").

A recent hire by the Law office of David J. Stern is Attorney Vivien Leora Lurlene who also has a Real Estate Sales License in the State of Florida, I have no knowledge of her involvement in the "bid rigging"or any other illegal activity at the Law Office of David J. Stern. These outside buyers contacted by the sales girls at the Stern Law office would resell these super low bargain houses purchaed on the Court House Steps for a profit and pay off the sales girls in the Stern Law office for the tip.

It appears from this ex-employee of the Law Offices of David J. Stern of Plantation that she was told to make up false documents for Freddie Mac and Fannie Mae when they came around to check their Foreclosure files, she was also instructed to lie to the banks when they requested a chronology report which is the foreclosure time-line on a file, there appears to be Federal violations that would necessitate an FBI investigation, the ex-employee is afraid to talk.

The federal takeover of Fannie Mae and Freddie Mac refers to the placing into conservatorship of government sponsored enterprises Fannie Mae and Freddie Mac by the U.S. Treasury in September 2008. It was one financial event among many in the ongoing subprime mortgage crisis.

Allegations of False "
Sewer Service" Filed in Foreclosure of John J. Krondes by Law Firm of David J. Stern & Provest LLC of Tampa, FBI Needs to Investigate.

The forever pile of complaints, lawsuits and legal malpractice cases just seems to have no end with the Law Firm of David J. Stern. The lawsuit of Connecticut man John J. Krondes filed on May 5th 2009, sheds light on a practice of falsifying "served papers" by the process servers linked to the David J. Stern Law Firm, this really puts the foreclosure complaint on a 'Rocket Docket" with super speed to closing the case without the knowledge of the home owner.

Mr. Krondes alleges in his lawsuit that the Law Firm of David J. Stern Plantation Fl and ProVest LLC (provides service of legal process) Tampa Fl conspired to file fraudulent documentation of untrue "Affidavits of Service" a misrepresentation that John J. Kondres had been served in the Foreclosure Complaint of the Law firm of David J. Stern with the intent to deceive and mislead the Civil Court in Port St Lucie Fl where Mr. Kondres has/had his condo.

This is not the first time I have heard of home owners in Florida becoming aware of a Foreclosure Complaint filed on their property that has already gone before the Judge, without their knowledge, and the Law firm of David J. Stern has obtained a judgment against them and their home, usually it is a condo with an out of state owner, just like Mr. Kondres's case.

In New York State, Attorney General Andrew Cuomo announced the arrest of the president of Long Island-based American Legal Process (William Singler) for engaging in a fraudulent business scheme in which the company allegedly failed to provide proper legal notification to thousands of New Yorkers facing debt-related lawsuits, causing them unknowingly to default and have costly judgments entered against them without the chance to respond or defend themselves.

This process serving company was apparently hired by many high-volume debt collection law firms in New York to serve collection lawsuit papers. This usually consisted of a summons and complaint which notifies consumers that they are being sued. American Legal Process (ALP) often neglected to actually serve the papers as required by law, instead engaging in the highly illegal practice of “
sewer service,” according to the charges. It also appears that the Attorney General may bring charges against other process service companies as well.

Mr. Krondes is seeking from the Law Firm of David J. Stern and Attorney Karina Musella and others "money damages", the Value of the condo $400,000, Interest, Punitive Damages, Emotional Damages, Attorney fees and on and on, 16 money items in all.

To determine which law firms are filing the most foreclosures, the Tampa Tribune analyzed 1,734 lis pendens documents filed in Hillsborough County's circuit civil and county civil court divisions.
The Law Offices of Daniel J. Stern of Plantation filed at least 263 foreclosure suits in Tampa, a lawyer in Stern's office declined comment, saying the firm's financial service clients (Deutsche Bank ) request that Stern not speak with the media.Daniel J. Stern has reason to not speak to the Media, a search of Public Records in the Broward County Clerk's Office located several cases were David J. Stern or his law offices is listed as the Defendant in Lawsuits; COLLETTI INVESTMENTS INC vs LAW OFFICES OF DAVID J. STERN and DAVID J. STERN as an individual. Filing Date: 08/15/2008, Broward County Case Number: CACE 08 038170 CONTRACT INDEBTEDNESS

From Open Court Records of the Supreme Court of Florida there is a current ongoing Legal Malpractice case were The Law Office of David J. Stern is the Defendant; SECURITY NATIONAL SERVICING CORP vs LAW OFFICE OF DAVID J. STERN 4th DCA CASE NO.: 4D04-776 Legal malpractice action against the Law Offices of David J. Stern (“Stern”).
There are at numerous 'Rip-Off Reports" concerning the Law Office of David J. Stern and their actions see here, "Law Office of David J. Stern drew up improper foreclosure papers and used those papers to foreclose on my house Plantation Florida" and see here, "Law Offices Of David J Stern Seeking information on the dirty works of the Law Offices of David J Stern, Plantation, FL Plantation, FL Florida" and see another one here, "Law Offices Of David J. Stern 'Abuse Of Process' {Who is interested in a Class-Action Suit against DJS?} Plantation Florida".

Frivilous Pleading Letter (Florida) re: David J. Stern Law Office
July 23, 2008
William Jeff Barnes, Esq. 1515 North Federal Highway
Atrium Building, Suite 300
Member of Florida and Colorado Bars Boca Raton, Florida 33432
Certified Mediator (Florida, Minnesota)
Certified Arbitrator (Florida) telephone: (561) 864-1067
telefax: (702) 804-8137
Ruth Barnes: International/Multilingual
Certified Mediator (Florida, Minnesota) e-mail:
wjbarnes@cox.net
Certified Arbitrator (Florida)
July 2, 2008 VIA FAX AND MAIL
(954) 233-8333


Maria M. Solomon, Esq.
Law Offices of David J. Stern, P.A.
801 South University Drive, Suite 500
Plantation, Florida 33324


Re: Wells Fargo Bank, N.A. v. Defendant (Key West, Florida): FORMAL STATUTORY

DEMAND TO DISMISS FORECLOSURE ACTION WITH PREJUDICE, CLEAR
TITLE TO REAL PROPERTY, REFUND MONIES PAID, AND FOR PAYMENT
OF ATTORNEYS’ FEES AND COSTS PURSUANT TO FLA.STAT. SEC. 57.105

Dear Ms. Solomon:
This letter is being provided to you, the Law Offices of David J. Stern, P.A., and your client Wells Fargo Bank, N.A. (Plaintiff in the Action identified herein) as formal notice, pursuant to the matters herein and Fla.Stat. sec. 57.105, of this Firm’s client Defendant demand that you immediately and forthwith dismiss, with prejudice, that certain civil action styled Wells Fargo Bank, N.A. v. Defendant et al., 16th Judicial Circuit Court Case No. 2007-CA-1120-K (Key West, Florida, hereafter referred to as the “Action”); to provide clear title to the real property the subject of the Action; for refund of all monies paid by Defendant incident to the alleged “loan” the subject of the Action; and for payment of attorneys’ fees and costs which are awardable under various Federal and state statutes violated by your filing of the Action.
This letter is also being sent as formal notice of Defendant’s Motion for Sanctions (copy attached hereto) which will be filed and set for hearing unless, pursuant to Fla.Stat. sec. 57.105(4), within twenty-one (21) days of today, Defendant’s demands as set forth herein are not complied with in writing confirmed by fax receipt, by this Firm, of the July 2, 2008 57.105 demand and notice to Maria Solomon, Esq. re: Wells Fargo Bank, N.A. v. Defendant et al., page 2 of 3
necessary documents to legally effect the demands made herein.

The facts supporting this demand and the attached Motion are as follows, which are admissions by you, as an agent of the Law Offices of David J. Stern, P.A., in the Complaint which you filed:
(a) On or about August 22, 2007, you, as an agent and attorney of the
Law Offices of David J. Stern, P.A., caused a civil action for foreclosure and to “enforce loan documents” to be filed in the 16th Judicial Circuit in and for Monroe County, Florida, which has been assigned case number 2007-CA-1120-K;
(b) In paragraph “5.” of Count I of the Complaint, you affirmatively represent to the Court that “The Plaintiff owns and holds the Note and Mortgage”;
(c) In paragraph “4″ of Count I, you affirmatively represent to the Court that the mortgage was “subsequently” assigned to the Plaintiff “by virtue of an assignment to be recorded” (that being some time in the future);
(d) In paragraph “20″ of Count II, you affirmatively represent to the Court that “The Plaintiff is not presently in possession of the Note and Mortgage” and “the Plaintiff cannot reasonably obtain possession of the Note and Mortgage because THEIR whereabouts cannot be determined (original emphasis):
(e) In paragraph “22″ of Count II, you affirmatively represent to the Court that “The Plaintiff will agree to the entry of a Final Judgment of Foreclosure wherein it will be required to indemnify and hold harmless the Defendant(s) [sic] Defendant, from any loss they [sic] may occur by reason of a claim by another person to enforce the lost Note and Mortgage.”;
(f) The Action thus inconsistently but affirmatively alleges, in Count I, that “Plaintiff owns and holds the Note and Mortgage” when in fact the admissions in Count II demonstrate, by the allegations of paragraphs “20″ and “22″ of the Complaint, that the Plaintiff DOES NOT and CANNOT legally establish possession or ownership of the Note or the Mortgage and that same is/are in the possession of an unknown party or parties;
(g) A copy of the Note is not even attached to the Complaint (only an alleged “ledger of loan”);
(h) By virtue of the admissions of the Plaintiff in paragraphs “20″, “21″, and “22″ of the Complaint, the Plaintiff has actual knowledge that it never, at any time material, had possession of either the mortgage or the note as same were sold, assigned, or transferred as part of the single-transaction securitization process which resulted in the subject mortgage and/or note being sold as July 2, 2008 57.105 demand and notice to Maria Solomon, Esq. re: Wells Fargo Bank, N.A. v. Defendant et al., page 3 of 3 parceled obligations and becoming part of one or more tranches within a special investment vehicle;
(i) that the Plaintiff cannot establish that the subject note or mortgage is owned or controlled by the Plaintiff “indenture trustee” for unnamed holders of a series of asset-backed bonds (a copy of which are not even attached to the Complaint);
(j) As a direct and proximate result of the transaction referred to in paragraph “h” above, the Plaintiff does not and cannot establish legal standing to even institute a foreclosure action;
(k) As such, the allegation by the Plaintiff in paragraph “5″ of the Complaint constitutes matters which are completely devoid of factual or legal support and are thus “frivilous” within the meaning of Fla.Stat. sec. 57.105;
(l) As the primary and threshold issue of legal standing to institute the Action cannot be satisfied (which was known to you, the
Law Offices of David J. Stern, P.A., and the Plaintiff at the time that the Action was instituted), the Action is a patently frivilous claim within the meaning of Fla.Stat. sec 57.105 and the filing and prosecution thereof constitutes a fraud upon the Court.

Your client and your Firm are thus charged with actual notice of the filing of an frivilous claim, as you, your client, and the
Law Offices of David J. Stern, P.A. knew or should have known that the Action was both not supported by the material (and record) facts necessary to establish the claim for foreclosure and would not (and could not) be supported by the application of then-existing law to the material (and record) facts.

As such, this Firm has been directed to file and set for hearing, after the expiration of twenty-one (21) days from today (that being Thursday, July 24, 2008), the attached Motion for Sanctions and to seek attorneys’ fees from both your client and your Firm if the demands set forth herein for immediate dismissal of the Action with Prejudice, providing of clear title to the property the subject of the action, refund of all monies paid by Defendant in connection with the original “loan” the subject of the Action, and payment of all attorneys’ fees and costs associated with this demand are not complied with in writing by the close of business (5:00 p.m.) Wednesday, July 23, 2008.
Sincerely,
Jeff Barnes, Esq.
WJB/bhs
attachment (enclosed with mailed original)
copy to: Defendant (w/attachment)



Bill Warner
private investigator
Sarasota Fl

www.wbipi.com