Miami Real Estate Attorney Blog

Unique issues continue to arise every day during the continued and growing foreclosure crises. We recently discussed the erosion of basic due process rights as a direct result of Florida’s “rocket dockets.” But another growing concern centers on the decision made by many Florida Judicial Circuits to close foreclosure proceedings to the public at large. As a result, Florida’s Supreme Court’s Chief Justice recently wrote to all of the state’s local chief judges.

The Chief Judge’s letter is being sent as a direct response to a letter from the Florida Press Association’s general counsel and other organizations informing the Chief Justice of possible instances in which judges have prohibited members of the public from attending foreclosure proceedings. In his statement Chief Justice Canady expressed deep concern about the allegations.

In his letter to the Chief Justice the attorney for the Florida Press Association listed several instances that have occurred since August. These allegations include:

1. A court observer that called a courthouse about the rules regarding attendance at foreclosure proceedings was told the hearings are not open to the public.

2. A woman representing herself in a foreclosure proceeding was told by a court security officer that she could not attend proceedings because only attorneys were allowed to attend.

3. Another court observer was informed that foreclosure hearings were held in private chambers and not open to the public.

4. An attorney was “castigated” for attending a hearing with a reporter from Rolling Stone magazine.

In response to those allegations, the Chief Justice’s letter told the state chief’s judges to speak with clerks and bailiffs to ensure visitors and callers are provided with accurate information regarding attendance at foreclosure proceedings. He also stated that the goal of resolving 62 percent of foreclosure proceedings should not keep judges from ruling on each case fairly and on the merits.

The current real estate market, and ongoing foreclosure crises, presents all sorts of issues that must be properly navigated. Our Miami foreclosure defense lawyers have assisted many parties 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.
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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.

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.

“We who labor here seek only truth.” With these immortal words, Courthouses around the Country, including those right here in South Florida, stand as imposing places where justice is done, right? Wrong!! In these days of fast food justice and “Rocket Dockets”, the truth is the furthest thing on the minds of the Judiciary and their over-zealous support staff.

Not even the mounting foreclosure crisis, the investigations launched by all 50 State Attorney Generals into the faulty, and arguably criminal foreclosure practices employed by the Nation’s largest banks and the Federal Government’s recent criminal investigation, in conjunction with “robo signing” allegations, coupled with many recent appellate courts vacating foreclosure judgments on grounds that the trial courts failed to do their jobs in ensuring that the bank has all the necessary evidence to foreclose on the property, is enough to get the Judiciary to actually “seek only the truth”.

Take for example, the story of a local couple whose home is in foreclosure. The Bank pursuing the matter halted its pursuit of foreclosures while it performs an internal audit of its documents and practices. In other words, the Bank itself is saying…” hold on everybody while we seek the truth.” However, the fast food justice kitchens presiding over these cases are not interested in the truth. They are only interested in clearing their dockets. In an effort to ease the load on the dockets of Judges, some Judicial Circuits have implemented a “foreclosure master calendar”. These master calendars (and their masters) are second to none at violating the rights of homeowners and insuring that due process is due to no one.

In the case of the local couple described above, the over-zealous, faceless foreclosure master calendar took it upon itself to schedule a hearing (without any consideration for the desire of the parties or the schedules of their lawyers) on the Bank’s “knock out blow” motion, which by the way, not even the Bank wanted heard as the Bank realizes that there are problems with the procedures employed to attempt to foreclose on the couple’s home. This type of judicial activism is tantamount to judicial bullying, and should not be tolerated in Florida are in the United States.

Let’s not kid ourselves either, the Court did not set the Bank’s motion for hearing so that it could be denied for the patent deficiencies found in the Bank’s filings. Quite the contrary, it was set for hearing so that the Judge could blindly grant it and rubber stamp a Judgment of Foreclosure, thereby crystallizing another injustice like the ones suffered by so many other homeowners.

This cowboy courthouse antic forced the lawyers for the Bank and the homeowners to file a JOINT motion to cancel the hearing. That was no typographical error, a JOINT motion by the Bank’s and Borrower’s counsel was filed to cancel the hearing. The ultimate irony. The Bank and Borrower actually working together to ensure that injustice is not done. Working together against the Judiciary, the very people who are supposedly laboring to seek only the truth.
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The current real estate market, and ongoing foreclosure crises, presents all sorts of issues that must be properly navigated. Our Miami foreclosure defense lawyers have assisted many parties 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.

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 toll free at 1-866-518-2913 or at 305-263-7700.

A federal judge in the Southern District of Florida, in Miami, dismissed a foreclosure lawsuit against the Shore Club Hotel in Miami Beach. The pursuit of this foreclosure in federal court is not the norm because most foreclosures are filed in county circuit court. Nevertheless, this victory for the Shore Club may be short-lived because the lender has vowed to continue to attempt to seize the iconic hotel.

The current real estate market, and ongoing foreclosure crises, presents all sorts of issues that must be properly navigated. Our Miami foreclosure defense lawyers have assisted many parties 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.

As for the Shore Club case, back in March, the representative of commercial mortgage-backed securities fund serviced by local company, LNR Partners, filed a $126 million foreclosure lawsuit against the hotel’s owner, Philips South Beach. Philips South Beach responded to the lawsuit with a counterclaim. The counterclaim alleged that the fund organizers and LNR Partners gave confidential business plans to the developers of a rival South Beach hotel, The W. They also sought to have the case dismissed by arguing that federal court was not the right place to file this lawsuit.

US District Judge Cecilia Altonaga agreed with the owners of the Shore Club and dismissed the case. The judge stated that although the plaintiffs resided in a diverse group of states across the country, this simply was not enough to make federal court the proper venue. The judge ruled that because some of the plaintiffs resided in the hotel owner’s state of incorporation there was a lack of complete diversity.

According to reports, the hotel’s owner has not made a mortgage payment on the hotel in more than a year. It was appraised in 2009 for $86 million.
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EXTENDED BODY:
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 toll free at 1-866-518-2913 or at 305-263-7700.

According to a complaint filed in the Southern District of Florida, some individuals are asking for their homes back after their mortgages were already foreclosed. The complaint alleges that the foreclosures were illegal. The attorneys representing the Plaintiffs are seeking class action certification.

The current real estate market, and ongoing foreclosure crises, presents all sorts of issues that must be properly navigated by a struggling homeowner. 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.

Nevertheless, it is highly unlikely courts will force out new owners of these homes if they bought them in good faith. If proven that these foreclosures were indeed illegal, the homeowners may have a greater chance of regaining their homes if the property is still in the bank’s possession.

The suit names three defendants. They are BAC Home Loans Servicing, a Bank of America subsidiary, Deutsche Bank National Trust Company, and US Bank National Association. The complaint alleges that employees of these lenders falsified and improperly notarized documents which were filed with courts.

Spokesmen for these banks claim their companies acted as trustees for the trusts holding the mortgage securities. Accordingly, they claim it was not them but the loan servicers and foreclosure law firms they hired that actually handles the procedures mentioned in the complaint.

This is one of a few recent class action filings showing up around the country as Attorneys General of all 50 states continue to investigate and uncover questionable foreclosure procedures practiced by lenders, loan servicers, and their law firms.

In a similar class action lawsuit filed in Maine, plaintiffs are seeking to halt ongoing foreclosures and evictions. If the homes have already been taken in alleged illegal foreclosures, the suit is attempting to recover monetary damages for these former homeowners.

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 toll free at 1-866-518-2913 or at 305-263-7700.

After allegations of falsifying court documents and illegal procedures, The Law Offices of David J. Stern will no longer be representing Fannie Mae in Florida foreclosures. Fannie Mae announced it has suspended business with David J. Stern and has hired nine new Florida law firms. More firms may be hired as Fannie Mae continues to evaluate the other law firms it uses.

The current real estate market, and ongoing foreclosure, and housing, crises, presents all sorts of issues that must be properly navigated by a struggling homeowner. 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.

In a letter to two Florida lawmakers, Fannie Mae CEO and President wrote, “In instances where we learn that servicers or law firm are not adhering to our requirement or applicable law, we immediately engage and take appropriate action, which may include termination and notification of applicable law enforcement or regulatory agencies.”

Fannie Mae requires that its mortgage servicers use firms in their retained attorney network. Excluding the new additions, Fannie Mae used seven firms in Florida. However, four of the seven are under investigation by the State Attorney General. In Florida alone, Fannie Mae holds $189 billion in unpaid home loan principal in its single-family residence portfolio. On these mortgages, the loan delinquency rate is 12 percent.

Once a major customer of The Law Offices of David J. Stern, Fannie Mae also suspended all foreclosure proceedings handled by its staff. As we have spoken about here, sworn testimony of former Stern employees discusses the regular practice of forging signatures on foreclosure documents. Specifically related to Fannie Mae, some former employees have testified about hiding flawed files from Fannie Mae auditors. Nevertheless, Stern’s attorney maintains no intentional wrongdoing occurred at the firm.

While wrongdoing has yet to be proven at Stern’s law firm, Fannie Mae has erred on the side of caution by disassociating itself from a firm which has allegedly partaken in illegal practices. Intentional or not, the fact remains that at the very least careless behavior may have led to illegal foreclosures. Fannie Mae must be certain to keep a closer eye on its new hires.

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 toll free at 1-866-518-2913 or at 305-263-7700.