Miami Judge Finds Lawyer in Contempt for filing a Foreclosure “Sham Pleading”

judge1.jpgBeginning in 2007, we saw the beginning of the real estate market crash and the ensuing flood of foreclosure cases. Since that time foreclosure defense attorneys have repeatedly told judges and the media about the fraudulent practices of many foreclosure mills. Towards the end of 2010, these practices finally came to light.

For instance, allegations of robo signing, fraud, documentation errors, issues with process servers, problems servicing loan modifications, and other similar issues, have prompted many lenders to slow down the foreclosure process which in turn has slowed down the housing recovery. Florida’s Attorney General eventually announced an investigation into these alleged practices. As a result of this investigation, we saw David J. Stern’s empire quickly crumble before our eyes.

You would think that the foreclosure mills would finally get the picture after Stern’s fall. But, that is not the case. Fraudulent practices continue to come to light and the Courts are finally using their power to reprimand lawyers who commit fraud.

Marc Ben-Ezra, head of the foreclosure mill Ben-Ezra & Katz, certainly did not learn a lesson from the Stern fiasco. Last week a Miami-Dade County Circuit judge found Ben-Ezra in contempt for filing “sham pleadings” and for “wasting the court’s time”. At a previous hearing, the judge ordered Ben-Ezra to come to court and respond to allegations that his firm had filed fraudulent documents. However, he failed to show up.

Apart from being found in contempt, Fannie Mae finally got fed up with the “document execution” issues at Ben-Ezra’s firm and terminated its relationship with the firm. Now, all these cases are going to be handled by other firms. Unfortunately, this pull-out resulted in the firm laying off nearly half of its 568 employees. Its looking like his firm is facing the same fate as Stern’s office.

Fraud is widespread in foreclosure cases. It appears to be a systemic problem. Despite this fact, its not easy to spot. It takes an experienced foreclosure defense attorney to spot fraud. But spotting the fraud is not even half the battle. The challenging part is attacking the fraud and establishing the appropriate strategy.

Navigating these waters can be difficult, but we are experienced in handling foreclosure matters. People often think that foreclosure defense basically entails delaying the “inevitable” – a foreclosure. However, many alternatives exist. At Alvarez & Barbara, we don’t buy time to delay the inevitable. We buy to time to find a solution that suits each individual client.
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.

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.