May 10, 2011

We are seeing a disturbing pattern of misconduct emerging in Florida in cases where “new” attorneys are taking over the representation of foreclosing Plaintiffs who were former clients of David J. Stern, P.A. and other foreclosure mills. These “new” law Firms, including but not limited to Albertelli Law of Tampa and McCalla Raymer of Orlando, are filing documents in cases where W. J. Barnes, P.A. is and has been counsel of record for the borrower for long periods of time, but not copying the Barnes Firm on such filings. This demonstrates that these “new” law Firms are not reviewing the court file, and the result is an apparent attempt to cause court proceedings to take place without notice to the borrower’s counsel.

Not providing a copy of any filing to a party’s counsel of record is not only illegal, but unlawful and unethical as well, and is especially egregious if that filing is a Motion for Summary Judgment or Notice of Hearing. We have been made aware of this because certain of our clients have copied us with papers they have received from the plaintiff’s “new” Firm which do not show a copy of the paper to their counsel of record. We hope that the Judiciary will command that these “new” law Firms show cause why sanctions should not be entered against them.

Separately, registration for FDN’s foreclosure defense seminar scheduled for Friday, May 20, 2011 in Edison, New Jersey closes this coming Monday, May 16, 2011. Registration forms are available by e-mail request to [email protected]. Again, the seminar is only for attorneys and paralegals associated with law Firms.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com