Even though the foreclosure king, David J. Stern, has shut down his offices, Florida is still feeling the effects of his alleged wrongdoings. Because Stern shut down his office, yet didn’t formally withdraw as the attorney on all of his files, about 100,000 cases are basically stuck in the system.
Now, Stern is being compared to owners who walked away from their properties because they were no longer profitable and without worrying how it affects those around them. Judges are quite upset because of his informal withdrawal from cases.
In Florida, an attorney who represents a party in a lawsuit must request leave from the court in order to formally withdraw. Without a court order approving the withdrawal, an attorney stays on the record as counsel for that party. In other words, while facing allegations of fraud, Stern is basically disrespecting the judicial system once again.
Stern’s actions are only going to further delay the housing recovery. Because the banks are moving to dismiss many of Stern’s former cases, it could take months, possibly years, before a bank decides to re-file suit. All the while, empty homes will remain vacant, condo associations will have to continue taking losses due to delinquent units, and many will continue to live rent-free for much longer.
At Alvarez & Barbara, LLP, we’ve had to deal with cases where Stern has informally “withdrawn”. It’s not easy. It makes representing your client extremely difficult because it’s impossible to speak to an attorney who is prosecuting the foreclosure. However, we’ve developed strategies to get things moving if that is in our client’s best interests.
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.