Tuesday, December 07, 2010

Widespread 'Robo-signer' Errors Spur Lawsuit Against David J. Stern Law Firm Seeking Class Status by Christopher Contreras in Sarasota Fl.

Christopher Contreras didn't have a chance, according to his lawyer. Even though Contreras was behind on his payments and trying to modify his loan, the law firm of David J. Stern filed to foreclose, Elizabeth Boyle said.

But the foreclosure should not have been filed because it was based on the sworn affidavit of a "robo-signer" who checked off on thousands of foreclosures every month without verifying the owner of the loan.

"You should never practice law like it's an assembly line," said Boyle, who filed a complaint last month in Sarasota against GMAC and Stern's law firm. Filing the foreclosure before the owner was verified meant Contreras' credit score took a hit and his home remains in foreclosure limbo.

According to Boyle, countless other Florida homeowners lost hope of resolving their foreclosures when Stern's firm prematurely filed foreclosure cases based on the affidavits of robo-signers. What makes Contreras' case special is that it is the flagship in a proposed class-action lawsuit attacking the practice of robo-signing. Contreras' case and another filed recently in federal court are evidence of a new trend in mortgage litigation.

Class-action suits may not be in the best interest of every homeowner, said Tom Ice, a Royal Palm Beach attorney credited with uncovering the practice of robo-signing. Such lawsuits can take years. If the homeowner wants to stay in the home, a single lawsuit against the lender may be more appropriate, Ice said.

But in the foreclosure lawsuits, some homeowners may not be aware of robo-signed documents. To find plaintiffs in the foreclosure class-action cases, the attorneys must file papers in court to force Stern's law firm and lenders to turn over their records identifying homeowners. The lawyers then must send invitations to the homeowners to join the suit.

On Friday, Boyle's biggest problem was not tracking down members of her proposed class action but tracking down the lawyer from Stern's firm who is handling the foreclosure case against Contreras. The last attorney handling the case left the firm without filing a notice of withdrawal with the court, Boyle said. She does not know who is handling the case.

Attorney Lourdes W. Clerge with Florida Bar #52020 is now listed as working at 1800 NW 49th St Fort Lauderdale, Florida 33309 by the Florida Bar, see click here, with phone number 954.453.0365 and email address lourdes.clerge@marshallwatson.com.

The address1800 NW 49th St Fort Lauderdale, Florida 33309 is the location of the LAW OFFICE OF MARSHALL C. WATSON who just happens to be the subject of an investigation by the Florida Attorney General office into allegations of unfair and deceptive practices.

The Florida Attorney General office investigations are targeted at Fort Lauderdale-based The Law Offices of Marshall C. Watson, P.A.; Tampa-based Shapiro & Fishman, LLP; and Plantation-based The Law Offices of David J. Stern, P.A. The Attorney General previously opened investigations into Florida Default Law Group, a foreclosure firm based in Tampa, and Jacksonville-based Fidelity National Financial.

Out of the frying pan and into the fire for attorney Lourdes W. Clerge .

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