According to a recent report by the American Bar Association, David Stern, and his law firm, have been sued for fraud and violating racketeering laws. The Plaintiff is seeking billions of dollars in the class action lawsuit.
Mr. Stern’s law firm is one of the leading foreclosure mill law firms in the State of Florida. Also named in the lawsuit is a bank created company that purportedly owned a criminal enterprise which was established to do nothing more but violate homeowner’s legal rights by intentionally failing to reveal the true holders of mortgages under the guise of running a “registration” company that purportedly kept track of mortgage ownership.
The lawsuit was filed in the United States District for the Southern District of Florida. The lawsuit alleges that Mr. Stern, and his law firm, violated federal RICO statutes by fraudulently pursuing tens of thousands of foreclosure actions on behalf of lenders who did not hold the original notes and mortgages on the properties at issue as required by law.
Prior to this recent filing, several Florida Judges have bashed foreclosure mills for their unethical practices, and sloppy legal work. As a result, it seems that banks, and their law firms, are coming under greater judicial scrutiny with each passing day. Especially in light of the growing concerns for so many Americans that they may lose their home. It is therefore important to consult, and hire, an experienced foreclosure defense attorney to defend your rights. An experienced foreclosure defense attorney will be able to assess and evaluate what defenses you may have during the foreclosure process, and aggressively advocate your positions in the foreclosure. And when given an opportunity to defend these cases properly, we have actually not only won those cases, but we have secured attorney fees in our favor.
As for the lawsuit filed against David Stern, and his law firm, central to the purported fraud is an innovative company called Mortgage Electronic Registration Corp. (MERS). That company purported to be both the mortgagee and to be acting solely as a nominee for Lender and Lender’s successors and assigns in numerous form documents. Such “intentionally ambiguous verbiage,” as alleged in the complaint, was part of a conspiracy involving Stern, his law firm and defendant Merscorp Inc. that used MERS “so that to the average consumer, or even legal professional … who or what was or is ultimately receiving the benefits of any mortgage payments” cannot be determined.
We have been successful in defending many foreclosure cases when given an opportunity to develop a plan to properly defend the foreclosure.
If you are on the brink of foreclosure, need a real estate attorney, or just need to assess your legal rights, please contact our office today.