SARASOTA HERLAD TRIBUNE, SARASOTA COUNTY - Criminal defense attorneys used to call Judge Harry Rapkin "Hang 'Em High Harry" for his tough prison sentences, and his latest crackdown in foreclosure court might have home lenders trying to come up with a similar nickname.
Rapkin unleashed a new order last week, aimed at attorneys for lenders who are still making the kind of simple errors that would be considered ridiculous in any courtroom. A lot is at stake; Rapkin sees hundreds of cases where the lender is minutes away from taking someone's property. Rapkin's new order completely dismisses foreclosure cases when they do not follow the simplest of rules. "Judge Rapkin is now finally saying I can't trust these guys anymore, so here's what I'm going to do," said Sarasota attorney Michael Belle.
The most direct message gets sent right to the lenders' pocketbooks. The order dismisses the foreclosure, meaning the lender must pay a filing fee up to $1,900 again if it wants to try to foreclose on the property again.
Now, problems with paperwork have led some lenders to halt foreclosures in up to 23 states, and the Florida Attorney General's Office is investigating possible fraudulent documents (LAW FIRM OF DAVID J. STERN) being used to retake homes, MORE FROM THIS SOURCE.......
DAVID J. STERN MOTTO....The arrogant David J. Stern, at one time was going to name his 130' foot boat, ‘Su Casa es Mi Casa,’ Your House Is My House, but his wife at the time nixed that idea.
The Florida attorney general is investigating three law firms for allegedly providing fraudulent affidavits that identify who holds the original mortgage note in foreclosure cases. In Florida and in other states, this document allows lenders to bypass a costly trial and proceed with a foreclosure.
Sarasota Fl Private Investigator Bill Warner’s Ongoing Criminal Investigation Into the David J. Stern Law Office and DJSP Enterprises. Since Jan. 2009 I have published 25 articles to my website and to the interent concering the apparant criminal activity of the David J. Stern Law Office in Plantation Fl and their involvment in forcing illegal foreclosures;
Two of the three firms being investigated — the Law Office of Marshall C. Watson and the Law Offices of David J. Stern PA — have represented GMAC in foreclosure proceedings. And the person who signed many of these allegedly false affidavits was an employee of GMAC.
From Monday, January 26, 2009, Law Firms Cash In On Foreclosures, The Law Offices of Daniel J. Stern In Plantation Fl Leads the Pack, What is Their Deal ? Up To Saturday, July 24, 2010, Foreclosure Attorney David J. Stern Leads the Life of a Oil Rich Sheik While Destroying The Lives of Thousands of Florida Homeowners, ‘Su Casa es Mi Casa,’ Exclusive See Photos.
Saturday, September 04, 2010, NY Times: High-Speed Courts Try to Rush Through Foreclosures, David J. Stern Law Office vs Sarasota Private Investigator Bill Warner. Doctored or dubious records presented in court as proof of a bank’s ownership have become such a problem that Bill McCollum, the Florida attorney general, announced last month that his office was investigating the state’s three largest foreclosure law firms representing lenders. Florida law requires that banks argue their cases before a judge if they want to recover property from borrowers in default, and 471,000 such cases were pending in Florida at the end of July, according to the Florida State Courts administration.
Mr. Stern’s company, which now includes a law firm and ancillary foreclosure support businesses, employs more than 900 people. The firm filed 70,382 foreclosure cases last year.
But some question the thoroughness of Sterns firm’s work. Bill Warner, a private investigator in Sarasota, said the Stern firm filed a foreclosure suit against him on behalf of Deutsche Bank Financial Trust in January 2009. But the bank did not own the property and the suit erred by including in its claims a federal tax lien on another person with the same name but a different Social Security number, Mr. Warner said.
Mr. Warner’s mortgage was actually owned by Countrywide, which had sold it to Wells Fargo. “I fought them myself for a year and a half,” he recalls. “In the meantime, we did a loan modification with Wells Fargo but Mr. Stern’s firm pursued the foreclosure on the property anyway.”
Last May, Mr. Warner filed a motion to dismiss the case, alleging submission of a fraudulent document because Deutsche Bank was not owner of the note. He filed another motion questioning the credibility of the Stern firm and the lawyer on the case, he said. On June 14, Deutsche Bank withdrew the case.
Bill Warner Private Investigator, SEX, CRIME, CHEATERS & TERRORISM