September 23, 2010
On the heels of the recent revelations that numerous Affidavits signed by people such as Jeffrey Stephan, “Limited Signing Officer” who signed 10,000 documents a month, may be improper, Florida Default Law Group has filed a “Notice” in two cases where the borrowers are represented by Jeff Barnes, Esq. which state that Affidavits previously filed in support of Motions for Summary Judgment are being withdrawn as the Firm “has recently been notified that the information in the Affidavit may not have been properly verified by the affiant”. This language blatently attempts to shift the blame to the client, not the offending law Firm, which ruthlessly filed such fraudulent affidavits obviously without verifying their accuracy. This conduct may implicate violations of the Rules Regulating The Florida Bar including Rule 4-3.3, which FDLG cites in its “Notices”. Perhaps a Motion for Fraud Upon The Court and for Sanctions is in order.
All Affidavits filed by FDLG in any case should thus be scrupulously examined and the affiants thereof should be deposed, as should anyone who notarized these affidavits. As we received two of these “Notices” in two separate cases the same day (today), we believe that this practice of FDLG is probably more prevalent than anyone could imagine.
In a separate case in Arizona where Jeff Barnes, Esq. is representing the borrower, Chase today attempted to lock an elderly couple out of a home owned by their daughter when there has been no sale, no transfer of title, and no possession of the property by Chase. We were told by the foreclosing “substitute trustee” law Firm Tiffany & Bosco of Phoenix that Chase had made a determination that the property was “vacant”. Apparently the goons from Chase did not even bother to look through the windows to see the furniture and furnishings in this fully occupied house before attempting to break the existing locks and replace them with Chase locks. Fortunately, the Chase stormtroopers were not able to accomplish their misdeeds this time.
This is the kind of rogue arrogance which needs to be brought to the attention of the courts. Those of you who follow foreclosure blogs know of the recent whistleblower who was working in Chase’s foreclosure department who has publicly stated that “Chase is in the foreclosure business”. Being in this business does not give Chase or any other servicer the right to trample on people’s due process rights. Sooner or later, Chase needs to be sued for its misconduct.
Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com