We recently discussed how Marc Ben-Ezra of the foreclosure mill Ben-Ezra & Katz was found in contempt of court for failing to appear in front of a judge in Miami-Dade County after being ordered to do so. Now, it has become the eighth foreclosure mill to be investigated by the Florida Attorney General.
The Florida Bar is also conducting an investigation into Ben-Ezra and his law partner, Marvin Katz. Although the Bar wouldn’t state how long they have been investigating the two, they are being investigated on one complaint each involving foreclosure fraud.
Florida’s Attorney General’s Office states that Ben-Ezra and Katz’ firm fabricated or misleading documents were presented in court before judges. Some of these documents include assignment of mortgages and affidavits which have been later proven to be legally insufficient. It is also accusing the firm of violating Florida’s deceptive and unfair trade practices laws.
The firms that are currently being investigated by the Attorney General claim that the office does not have the authority to investigate or regulate lawyers. They argue that only the Florida Bar has the ability to regulate the profession. A Palm Beach County judge has already agreed with the foreclosure mill Shapiro & Fishman that only the Florida Bar can regulate lawyers.
No matter who has the power to regulate attorneys, the fact remains that serious issues have arisen as a result of alleged wrongdoing by all of these firms. As attorneys, we are held to a higher standard of conduct, and rightfully so.
Although the State of Florida is conducting these investigations, wrongdoing by lenders’ attorney will almost assuredly continue. Unfortunately, its not safe to assume the foreclosure mills have corrected their ways. At Alvarez & Barbara, whenever a foreclosure complaint comes into our office, we not only examine it for legal sufficiency, but for any evidence of fraud.
This evidence of fraud is not easy to find and is only visible to an experienced attorney. We have that experience. Not only do we defend our clients in foreclosure, but our primary goal is to find a solution that is tailored to our clients individual needs by exploring the many alternatives that may exist.
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Consider Your Options. Contact Us Today.
We have been successful in defending many foreclosure cases when given an opportunity to develop a plan to properly defend the foreclosure.
Our Miami foreclosure defense lawyers have assisted many homeowners in buying enough time to reach the solution that is right for them. There are many alternatives to foreclosure, and often times it just takes proper planning to properly navigate against the potential pitfalls. Help is often available to those who seek it.
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.
Call us today toll free at 1-866-518-2913 or at 305-263-7700.