The Herald has a slew of articles on the David Stern Law Firm that is being probed in questionable foreclosure practices. I noted the David Stern Law Firm over a year ago:
Wednesday, August 12, 2009
Who is Getting Rich Off of Foreclosures Sales and Filing Foreclosure Lis Pendens?
The Lawyers, of course, stand to make a profit from these unhappy proceedings.
It appears that in Miami Dade, Florida Default Law Group, P.L. out of Tampa, David Stern and Marshall Watson have one thing in common. They are the current lawyers of choice to represent a lot of the banks and financial groups in foreclosure proceedings — filing lis pendens and representation at foreclosure sales. What do they make on these? I was told they get about $3000-$4000 in an uncontested proceeding. Seems like they must be making a pretty penny since they have so many of them. I have been seeing David Stern’s name a lot over the last few years.
This Default Law Group appears to be the new kid on the block in our neck of the woods. The Manager of Florida default Law Group is Michael Echevarria, Esq.
If a lawyer can do 100 a year, they would be doing pretty good...new business idea for Lawyers?
4 comments:
I am a "victim" (and I don't use that word too often when describing myself) of David Stern.
I had a loan with Bank of America, which I modified. My loan was in "pre foreclosure" while I still made my payments.
24 hours - after, and I said after, my modification was settled and my account was 100% current - in error, David Stern proceeded with a full foreclosure. Bank of America charges me almost $3000 in foreclosure fees, after my loan was 100% current and I had to pay an attorney to file a dismissal.
This happened in January of 2009. The judge at the time, even though my loan was current refused to dismiss the case.
Bank of America wrote my attorney to "apologize for the error and we will credit your client back the $3000 in legal fees which should not have been incurred."
It took David Stern until July of 2009 to file the dismissal of a foreclosure which should not have been filed.
They should all be in jail, and nope, I never got my legal fees back nor the $3000 from Bank of America. Unless I file suit in small claims, costing me even more money, I'm pretty sure I'll never see a dime of it either.
I am an attorney and have a better story on these "attorneys" who should be disbarred.
My wife's freind was losing her home in the spring of 2009. She called me and said "I am being foreclosed on. What happens next?" I explained the process to her and told her I would do the case pro bono.
A couple of weeks later she got home and had a private process server's card on the door; the step needed to receive the lawsuit. She called him and said I am here at home you can come serve me. The process server said "I left your area and will be back tomorrow." She called me and I told her to wait. Needless to say she waited and the process server never came.
I went on vacation and forgot about the incident; the perils of pro bono work. A few months later my wife's friend called me and said: "I have a summary judgment coming up" I asked her to fax everything to me. I looked at the return of service--the paper required to be filed by the process server--and nearly fell out of my chair. It said "defendant is evading service never at home, unable to serve."
The Default Group then did service via publication and then defaulted her and set her up for a summary judgment. To the lay readers, basically they said she was purposefully trying not to get the papers and she was not willing to defend and therefore at the summary judgment hearing she should loose her home.
I went to the hearing and filed a verified motion to quash the return of service, and set aside the default and attached the card left by the process server. The attorney--who really I should have filed a bar complaint against--asked if I could wait for her as she had other hearings. As a professional courtesy I agreed. After nearly an 1 1/2 she came back with tons of legal library books. While I was waiting she went to do her research. The nerve!! Luckily I prevailed. They were instructed to reserve the lawsuit on my client based on an additonal forgery on the return of service.
They served my client and less than ten days later moved again for summary judgment. This is a clear violation of the rules. My office must have called them at least 10 times asking that the new hearing be reset. Well they refused. I sent my associate to the hearing. After waiting two and half hours, the Florida Default Grouip attorney strolled in and said "oh we are not going forward, made a mistake." Thankfully my associate asked for sanctions and was awarded $400 dollars in sanctions and they were given 30 days to pay.
After 90 days and no check I filed a Motion for an Order to Show Cause; the initial step to have them in contempt. On the morning of the hearing a FEDEX showed up with the check.
FAST FORWARD To this year. Nothing has happened on this case until Nov. 16. Once again the Default Group moved for Summary Judgment again they violated the rules giving me 8 days notice versus the 45 days. As I prepared my motion to strike, I got on Monday a Motion to Stay all cases because of the investigation pending.
From what I understand I am not an isolated case. They are a paper factory and should be disbarred at a minimum.
I won't even go into the modification or short sale process as it would reduce you to a Kafkaesque demention.
Thanks great comments!
Is there a local lawfirm handling these "error" foreclosures?
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