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Wednesday, July 28, 2010

Class Action Lawsuit Filed Against Attorney David J. Stern, MersCorp and the Stern Law Firm In Platation Fl Alleging RICO Violations and Wire Fraud Seeking $7.5 Billion in Damages.


Class Action Law Suit Filed Against Attorney David J. Stern, MersCorp and the Stern Law Firm In Platation Fl Alleging RICO Violations and Wire Fraud Seeking $7.5 Billion in Damages.  Attorney Matt Weidner's Blog has posted a new item, 'BOMBSHELL- CLASS ACTION OPEN FOR EVERY CONSUMER WHO HAS BEEN SUED BY DAVID J. STERN.'
  
First reported by 4closurefraud,  Attorney Matt Weidner posts below a stunning and mind-blowing class action lawsuit that was just filed against the Law Offices of David J. Stern, David J. Stern individually and MERSCorp. The lawsuit is stunning both in the allegations made and the detail that describes the collapse of the entire American financial markets. 
 
Portions of the Stern Federal Lawsuit alleging “Racketeer Influenced and Corrupt Organizations Act”or “RICO”  and Wire Fraud are seen below;

IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA




IGNACIO DAMIAN FIGUEROA, on behalf of himself and others similarly situated,
Plaintiff.
v.
MERSCORP, INC., a foreign corporation;
LAW OFFICES OF DAVID J. STERN, P.A., a Florida professional association;
Defendants.

                           COMPLAINT



Comes now the Plaintiff, Ignacio Damian Figueroa, on his own behalf and on behalf of others similarly situated, and sues the Defendants, Merscorp, Inc., the Law Offices of David J. Stern, P.A., and David J. Stern, individually, as follows:

The Nature of the Action;This is an action for triple damages, costs and attorney fees under 18 U.S.C. §§1962 and 1964, otherwise known as the “Racketeer Influenced and Corrupt Organizations Act”or “RICO.” The Named Parties.
Ignacio Damian Figueroa is the Plaintiff. He brings suit as Class Representative. He has standing to sue in that capacity because he possesses the same interest and suffered the same type of injury as all other Class Members.

 Defendant Merscorp, Inc., is a foreign corporation created in or about 1998 by conspirators from the largest banks in the United States in order to undermine and eventually eviscerate long-standing principles of real property law, such as the requirement that any person or  entity who seeks to foreclose upon a parcel of real property: 1) be in possession of the original note and mortgage and 2) possess a written assignment giving he, she or it actual rights to the payments due from the borrower pursuant to the mortgage and note. Defendant Merscorp, Inc., claims to be the sole shareholder in an entity by the name of Mortgage Electronic Registrations Systems, Inc.,  (“MERS”). MERS is the RICO enterprise and is the primary innovation through which the conspirators, including the Defendants, have accomplished their illegal objectives as detailed throughout this Complaint.


The Defendant Law Offices of David J. Stern, P.A., (hereinafter “the Defendant Firm”), is a professional association with its principal place of business in Plantation, Florida. The Defendant Firm’s attorneys primarily represent plaintiffs in foreclosure actions. Based upon statements by its owner and co-Defendant, David J. Stern, the Defendant Firm in 2008 and 2009 filed between 4000 and 7000 new foreclosure actions in the State of Florida per month. Beginning in or about 1999, the Defendant Firm joined with Defendant Merscorp, Inc., and other conspirators in the fraudulent scheme and RICO enterprise herein complained of. The employees of the Defendant Firm, including many licensed attorneys, have become skilled in using the artifice of MERS to sabotage the judicial process to the detriment of borrowers, and, over the past several years, have routinely relied upon MERS to do just that.

David J. Stern is an attorney licensed in Florida since 1991. He is the sole owner of the Defendant Firm. He is responsible for its actions because he caused them, and also because attorneys and other professionals may not use a corporate facade to protect them from liability arising from the practice of their professions. David J. Stern is also the founder of DJSP Enterprises, Inc., (“DJSP”). This entity functions as a title company, and it makes its revenue doing “title work” to assist in the disposition of foreclosed properties.

The entity (DJSP Enterprises) “went public” at some time in the recent past (Jan 2010), resulting in substantial profits to David J. Stern. While it purports to function through one or more “subsidiaries,” its telephone number is the same as the one listed for the Defendant Firm. David J. Stern, through these and other “spin-off” entities, has made hundreds of millions of dollars fraudulently subverting the judicial process and the constitutional safeguards designed to protect the rights of litigants so as to manufacture a foreclosure and foreclosure-litigation industry which simply drives the hapless citizens in his path to cycle after cycle of impossible loan and inevitable foreclosure. As Stern boasted to a room of investors at a recent promotional event, recent “direct source initiatives” by the larger lenders increasingly enable the Defendant Firm, DJSP, and other entities recently formed by Stern to take mortgages “from cradle to the grave.”

This Court is urged in the strongest possible way to apply a presumption of FALSITY when reviewing any documentary evidence filed in this Court by one or more of the Defendants. Such a presumption is not just warranted; it is t indeed compelled by the extent to which the Defendants and those with which they are associated have long acted in a malicious and wanton manner evincing complete contempt for the judicial process and the rights of persons having interests contrary to their own. This is particularly true because the Defendants’ contempt for due process is compounded by their specific intention to obviate the requirement that documents prepared for legal use be truthful, authentic, and legitimate.

By engaging in a pattern of racketeering activity, RICO, specifically “mail or wire fraud,” the Defendants, (Merscorp, Stern Law firm and David J. Stern) subject to this Count participated in a criminal enterprise affecting interstate commerce. In addition to the altered postmarks described below, the mail fraud is the sending of the fraudulent assignments and pleadings to the clerks of court, judges, attorneys, and defendants in foreclosure cases. These Defendants intentionally participated in a scheme to defraud others, including the Plaintiff and the other Class Members, and utilized the U.S. Mail to do so. READ THE COMPLAINT CLICK HERE.

Bill Warner Private Investigator, SEX, CRIME, CHEATERS & TERRORISM.