August 11, 2010
Those of you who follow this website know that the Law Offices of David J. Stern, P.A., which was sued in a Federal Court class action for RICO violations recently and was announced to be the target of an Economic Crimes Division investigation by the Florida Attorney General yesterday, was previously found by a Pasco County, Florida Judge to have manufactured a fraudulent, backdated Assignment of Mortgage notarized by a notary whose commission and stamp were not even in existence until five months after the date of the notarized Assignment, and where the Court which had jurisdiction over that case dismissed it with prejudice and assessed the borrower’s attorney’s fees against Stern’s client. Well, all we have to say is “he gone and done it agin”.
In a case we are defending, Stern did the EXACT SAME THING: filed and recorded an Assignment of Mortgage “notarized” by a Notary whose commission did not even exist until several months after the date of the alleged Assignment, which was, as usual, signed by a Stern paralegal posing as a “Secretary” of MERS. We have filed a Motion on behalf of the homeowner seeking dismissal of the action with prejudice, sanctions, attorneys’ fees and costs, and referral of the matter to the Florida Attorney General, which is investigating the same type of conduct engaged in by Stern in other cases.
If Stern did it twice, he probably did it hundreds of times. That is why, again, we believe that the State of Florida or the Supreme Court of Florida or the Florida legislature, or a combination therof, should immediately appoint a Special Commission or Task Force or other body to review ALL foreclosure cases filed by Stern since the day his Firm first started doing so to examine each and every case for misconduct, false documentation, or other legal infirmities, and to cause each such case to be re-opened for full defense by the borrower/homeowner. It is only in this way that true justice will be done as to the man whose 130 foot yacht is named “Your House is My House” in Spanish.
Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com