IN THE SUPREME COURT OF FLORIDA
THE FLORIDA BAR, Case No:
Complainant, TFB Case Nos. 1998-50,098(17D)
2000-51,788(170)
v.
DAVID JAMES STERN,
Respondent.
COMPLAINT
The Florida Bar, by and through undersigned counsel and pursuant to
R. Regulating Fla. Bar 3-3.2(b), hereby files its complaint against David James
Stern, respondent, and states as follows:
AS TO ALL COUNTS
1. The respondent is, and at all times material to this action was, a
member of The Florida Bar subject to the jurisdiction and disciplinary rules of The
Supreme Court of Florida.
2. The respondent operates a law firm in Broward County, Florida,,
incorporated as The Law Offices of David J. Stern, P. A.
3. The law firm’s primary business relates to collecting debts on behalf
of residential mortgage lenders through foreclosure actions.
www.4closureFraud.org
4. Respondent’s law firm employs over thirty attorneys, and over two
hundred support staff.
5. A significant portion of work performed by the respondent’s law firm
is not performed by attorneys, but it is performed by nonlawyer staff. The
attorneys in respondent’s law firm have a duty to supervise the nonlawyer staff, as
well as review the nonlawyer staff work product and sign off on it for the purposes
of the foreclosure actions.
6. At all times material to this complaint, the respondent was the sole
shareholder, director and officer of the law firm.
7. Respondent is the sole officer, director and shareholder of
Professional Title and Abstract Company of Florida, Inc., (hereinafter referred to
as “Professional Title”). Professional Title is located at respondent’s law office
address, and at all times material to this complaint, it was staffed by respondent’s
law office personnel.
COUNTI
8. Complainant reasserts and realleges by reference the allegations set
forth in paragraphs 1 through 7 above.
www.4closureFraud.org
9. As a matter of industry standard, residential loan documents provide
that borrowers must pay lenders the reasonable attorneys’ fees and costs lenders
incur in foreclosing defaulted loans.
10. As a result of market pressure, reflecting the competition among law
firms which concentrate in or limit their practice to foreclosure, respondent has
agreed with several lenders to charge a fixed fee for foreclosure actions. This fee
is generally $1,000.00, sometimes slightly more.
11. As part of the foreclosure proceeding, the respondent’s law firm must
ensure that they foreclose the interest of anyone whose involvement with the real
property in question may result in a cloud on the title to the real property.
12. Respondent is an agent for Attorneys Title Insurance Fund, Inc.,
(hereinafter referred to as “the Fund”). The Fund will provide to attorney/agents,
such as respondent, all of the title work necessary for the foreclosure proceeding at
a modest charge.
13. Because the amount of attorneys’ fees respondent may charge is
limited by his contract with his clients, respondent created Professional Title as a
means for providing the services in a manner he controls, and as a result
increasing the monies he receives for each foreclosure matter. Fund.”>www.4closureFraud.org
Fund. In reality, in many cases respondent’s out-of-pocket expenses for title work
were only those of the Fund. These costs range from $75.00 to $150.00.
19. But for his contractual relationship with his lender clients, respondent
could have his firm’s attorneys, or perhaps even legal assistants, spend a
reasonable amount of time reviewing title work provided by the Fund, and then
properly bill and collect for that time.
20. In many instances, the mischaracterizing as costs what should be
identified as attorneys’ fees or legal assistant fees allowed respondent to avoid his
agreed-to fee cap.
21. In addition, the attorneys’ fee affidavits filed by respondent’s firm in
foreclosure proceedings reflect, under attorney time, time that was actually spent
by nonlawyer staff. The amount reflected on these affidavits is a standard or
estimated amount, based not on actual time spent by attorneys or legal assistants,
but on the nature and nuances of the case. It may be permissible to bill for this
nonlawyer time if it is properly identified in any bills and fee affidavits. It is not
permissible for an attorney to represent, in bills and/or fee affidavits, that work
performed by a nonattorney was performed by the attorney personally.
22. The affidavits filed by respondent’s law firm in the foreclosure
proceedings routinely contain these misstatements of material fact described in 25.”>www.4closureFraud.org
25. Respondent’s invoicing practices could mislead clients and others to
believe that Professional Title performed services separate from those of his law
firm, and that he incurred actual out-of-pocket expenses due and owing to
Professional Title.
26. The respondent did not fully inform some clients of the manner in
which these legal services were performed by his firm through Professional Title
Services.
27. Although the respondent had performed legal services for several of
his lender clients in the past, when he formed Professi
onal Title and began billing
in the fashion described above, respondent incurred the obligation to properly
inform his clients of the manner in which fees were earned and calculated.
28. By the actions set forth above, respondent violated Rule Regulating
The Florida Bar 3-4.3 [Acts contrary to honesty and justice are cause for
discipline.]; and Rule 4-1.5(e) [When the lawyer has not regularly represented the
client, the basis or rate of the fee shall be communicated to the client, preferably in
writing, before or within a reasonable time after commencing the representation.].
7
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COUNT III
29. Complainant reasserts and realleges by reference the allegations set
forth in paragraphs 1 through 7, 9 through 15, 17, 19 through 21, and 25 through
27 above.
30. Respondent could have obtained all necessary title insurance work
from Attorneys Title Insurance Fund, for which he was an agent.
31. Certain products and services, such as an examined title insurance
report, were guaranteed and eliminated the need for respondent to have his
attorneys and other personnel engage in further examination of Fund searches.
32. The cost the Fund charged for examined title was significantly less
than what respondent billed as a cost through Professional Title.
33. If the equivalent services could have been provided to his clients at a
savings, respondent’s own interests conflicted with the best interests of his clients.
Respondent did not fully explain these circumstances to clients so that they could
make an informed waiver of this conflict.
34. By the actions set forth above, respondent violated Rule Regulating
The Florida Bar 3-4.3 [Acts contrary to honesty and justice are cause for
discipline.]; Rule 4-1.7(b) [A lawyer shall not represent a client if the lawyer’s
exercise of independent professional judgment in the representation of that client
8
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may be materially limited by the lawyer’s responsibilities to another client or to a
third person or by the lawyer’s own interest, unless: (1) the lawyer reasonably
believes the representation will not be adversely affected; and (2) the client
consents after consultation.].
COUNT IV
35. Complainant reasserts and realleges by reference the allegations set
forth in paragraphs 1 through 7, 9 through 15, 17, and 19 through 22 above.
36. Residential borrowers have the right to attempt to reinstate defaulted
mortgage loans, even after being served with a foreclosure summons and
complaint.
37. Respondent, by substantial use of and reliance on nonlawyer
personnel with no authority to negotiate a resolution, inhibits foreclosure
defendants’ access to information about their reinstatement figures.
38. Unsuccessful attempts by foreclosure defendants to communicate
with the attorneys handling their cases result in increasing attorneys fees, and
consequently, increased difficulty in defendant’s ability to reinstate.
39. In many situations, foreclosure defendants or their counsel request
verification of fees spent and costs incurred.
www.4closureFraud.org
40. Respondent’s nonlawyer personnel have a duty to disclose that they
are not lawyers and that they cannot engage in settlement negotiations, but these
personnel do not routinely make this disclosure.
41. By the actions set forth above, respondent violated Rule Regulating
The Florida Bar 3-4.3 [Acts contrary to honesty and justice are cause for
discipline.]; Rule 4-3.4(a)[A lawyer shall not unlawfully obstruct another party’s
access to evidence or otherwise unlawfully alter, destroy, or conceal a document
or other material that the lawyer knows or reasonably should know is relevant to a
pending or a reasonably foreseeable proceeding; nor counsel or assist another
person to do any such act.]; Rule 4-4.4 [In representing a client, a lawyer shall not
use means that have no substantial purpose other than to embarrass, delay, or
burden a third person.]; Rule 4-5.3(a) [A partner in a law firm shall make
reasonable efforts to ensure that the firm has in effect measures giving reasonable
assurance that nonlawyers’ conduct is compatible with the professional obligations
of the lawyer.]; Rule 4-8.4(a) [A lawyer shall not violate or attempt to violate the
Rules of Professional Conduct, knowingly assist or induce another to do so, or do
so through the acts of another.]; Rule 4-8.4(d) [A lawyer shall not engage in
conduct prejudicial to the administration of justice.].
10
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WHEREFORE, The Florida Bar, complainant, respectfully requests that
David James Stern, respondent, be disciplined appropriately, including awarding
costs to the complainant and restitution to the client(s), as appropriate.
Respectfully submitted,
BAR^ WILLIAM RIGBYT#613770
Bar Counsel
The Florida Bar
650 Apalachee Parkway
Tallahassee, FL 32399-2300
(850) 561-5600
JAY KOHAN, #238473
Chair, Seventeenth Judicial Circuit
Grievance Committee “D”
5140 Coconut Creek Parkway
Margate, FL 33063-3913
ANTHONY BOGGS, #253847
Staff Counsel
The Florida Bar
650 Apalachee Parkway
Tallahassee, Florida 32399-2300
(850)561-5600
11
www.4closureFraud.org
JOHNF. HARKNESS, JR., #123390
Executive Director
The Florida Bar
650 Apalachee Parkway
Tallahassee, FL 323919-2300
(850)561-5600
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has
been forwarded by regular U.S. mail to respondent’s counsel, Jeffrey Allen Tew,
201 South Biscayne Boulevard, Miami, Florida 33131-4332, on this :W day of
2002.
BanywilliamRlgby
NOTICE OF TRIAL COUNSEL
PLEASE TAKE NOTICE that the trial counsel in this matter is Barry
William Rigby, whose address and telephone number are: The Florida Bar, 650
Apalachee Parkway, Tallahassee, FL 32399-2300, (850) 561-5600. Respondent
need not address pleadings, correspondence, etc. in this matter to anyone other
than trial counsel and to Staff Counsel. The Florida Bar. 650 Apalachee Parkway.
Tallahassee. FL 32399-2300.
MANDATORY ANSWER NOTICE
RULE 3-7.6(g)(2), RULES OF DISCIPLINE, PROVIDES THAT A
RESPONDENT SHALL ANSWER A COMPLAINT.
12
www.4closureFraud.org

So on October 27^th hi received a fraud alert from
life lock.  Someone  was attempting  to open a bank account  At REGIONS 
bank in my name using my address and my 
social security number….  And
guess what……I hadn’t left my home so it was not me….  Immediately  I contacted life lock to tell them that I did
not  open a bank account and to put a
stop to it.. then I filled out a police report online to report the fraud…. And
I thought I had taken care of anything that needed to be taken care of… I had
a confirmation from the police and life lock and I thought that everything had
been taken care of until today when I went online and the life lock report said
that the bank account was alright….  So
then I called REGIONS bank believing somehow that ….  I could actually speak with someone from the
real banking system who actually wouldn’t 
want a false account opened at 
bank…

I was wrong!

I called REGIONS BANK 
at 12:53pm and at first spoke with 
Candice  no id number  who said she 
was from Memphis Tenn… I told her my 
situation and asked to speak with her manager…. After a while I ended up
speaking with a guy named Kendrick he also had no id number and then
called  he was from Alabama…  o.k. kind a plausible… that at REGIONS    bank they don’t have a person  in the bank who deals with identity theft so
they had to transfer me to another state to speak with someone…  but then he wasn’t the manage who could do
anything for the bank account opened in my name 
and not opened by me…. So he transferred me to  a woman…. 
Who said she was the manager… 
named MYRTIS PIGGUE …. And I once again told her the situation… she said
I would have to come into the bank  and
she would do nothing over the phone…  I
said I didn’t need any information … I just wanted the bank account frozen… I
wanted the identity thief stopped…..  she
didn’t ask me my account number.. or 
where I was living..  she didn’t
ask me anything… other than my name …  I
just  didn’t want another bank account
opened in my name  or bad checks running
around … like when I went to  a beauty
salon right around the corner to have a quick trim…. And they told me that  they couldn’t take my business because  I had written 
a 300.00 bad check to them… I DON”T WRITE CHECKS!!!!!!!!

I really got upset and am so frustrated!!!!!!!!!!… is
everyone I speak with on my FAKE COMCAST phone line a criminal???????  How could a real manager actually be so
stupid!!!!!! Its your bank that  will be  held liable…. For the theft.. for the wrong
doing for allowing someone  who is
NOT  who they said they are….  to open a bank account   in MY NAME!!!!! I feel like I am in some
really badly written lifetime movie .. Actually every badly written lifetime movie….  With all the problems rolled up together…
except the THERE is  no hero who came in
and saves the day…. So price charming. Definitely…. and no help form the
authorities …. Or at least the  people
who claim that they are the authorities…

 

After a very frustrating 
phone conversation where  this
manger would do nothing to this account opened in my name….   I called the 
police…. Left one message on voice mail for victims assistance and then
tried again to call the chief of investigations… reached the operator who
patched me through to  LT. chad Parker badge #959 who  told me the police could do nothing…
more…  that the police report meant it
was on  file  and that …the 
only thing left  I could do was
contact the credit reports and have them place a credit fraud alert on my
account…. So I tried  Transunion… and
still cannot get into my account …after 
9 hours  on the  phone with the criminals/con artists  from the 
Philippines   and from  India.. and still no access to my
Transunion  account ….. and that was last
month having me in tears while some idiots were fishing for information about
my social security  number  and my location and all my personal  information … to do an on line dispute…. Then
I tried Experian.. and they actually had a block… that said  l could not 
do a fraud alert online and directed me to mail in an alert…. WHAT THE
HELL????????That didn’t sound right so then I went online to Equifax… and
finally was able to do a report online through them….  THANK GOD…..

What was weird the police man (CHAD)  wanted to mention that I wouldn’t be
able  to open any new accounts  and that the woman on the phone probably  didn’t want to give out any information about
any accounts over the phone  in case I
was the identity thief….  BUT I’M  NOT 
THE IDENITY THEIF…. AND I TOLD HIM…. THAT I DIDN’T  WANT ANYINFORMATION ABOUT ANY ACCOUNT…. IF IT
IS IN MY NAME… IT WAS NOT SET UP BY ME… .. JUST 
PUT A FREEZE  ON THE  ACCOUNT… I DON’T WANT ANY FLASE CHECKS FLYIGN
ARUND TOWN ON REGIONS BANK… RUINING  WHAT
I HAVE BEEN TRYING  TO FIX FOR THE  PAST YEAR….    

I HAVE ALREADY HAD TO 
FIX  DUPLICATE CREIDT CARD
ACCOUNTS… AND PHEN ACCOUNTS AND EVEN EVD BUYGIN ACCOUNTS…. AND HAD MY LIFE
RUINED OVER AN DOVER BY THESE IMPOSTER 
FREAKS!… IDENITY THEIVES….. EVEN THE ENTRIE MORTGAE  SITUATION…. ISA MESS BECAUSE OF THESE
THEIVES…

So to date:

1.      
Confirmation of fraud alert:  2277042442

2.      
Online police report for identity theft:  1200023922

3.      
Life lock alert:….. still need to take it
seriously…. I did not  set up a bank
account t at regions bank….

Oh and on the phone, I have
actually had people say that my guardianPatrick WEBer set up the bank account….
What a lie or what a horrid layer /guardian… he did not ask me about setting up
an account.. did not inform me of the account number  or whether or not  it is 
saving s account  or a checking
account… ITS AGAINST THE LAW….. and how the hell did he present a photo
id?  And with what money…. And  for how much… I was told that it was for the
HOA payment….  Sounds good right?  Except 
that Larry told me that the judge ruled that  Patrick was not able to make any financial
decisions for the HOA deal …JUDGE RULING….. WHAT GROUP of criminal scum and
identity thieves are in charge this month… the gypsies… the identity thieves
from Canada… the Irish or English 
travelers?.. the  Grifters?…the
bullies from Ohio?… the Iranian drug dealer and 
his Indian side kick? ….the stealing babysitters or nannies…  …of the babysitting  business… the mean  babysitters from Bonita????  The 
criminal identity thieving waitresses from Perkins???… …from what
country  do they  come from this time… the philipines, india…
Nigeria…argentina.. mexico…  what and
WHOOOOO Ift feels like if you name it they have stolen from me or harmed my
life… and only used to know great amazing people.. not one thing stolen  while even backpacking in Europe  when when n when I wa s19…. Nothing stoen in
college.. never anything stolen or ruined or 
broken even …… and now the identity thieving  bitch 
gets away with everything  harming
me all the time…. Ruining my life….  harming my real life…. Why can’t someone  stop them?????….. anyone?????

The normal things that should be
really simple… like calling  to check on
a lower payment plan for Comcast internet…. Waited 1 full hour on the phone…..
with an answering machine telling me to hold on…. But no one answered…

 

The more research I do on my
mortgages.. the more I see the theft…    I am so angered by it all…. The lies… the
manipulation.. and the loss…. Do you know what I I could have done with  the $200,000.00…..  and  a
great credit  score… and what I  wanted to achieve in my life… and the real
friends and family…. Not criminal idiots on the 
phone manipulating my entire life and ruining everything… GREAT
PROPLE  I had in my life… who were amazing…
just amazing….no freaks that talk through you or “at you” as if you weren’t
really there……just  so they could  manipulate lives… and its not like they
manipulate lives to make them better  
they ruin hopes and dreams… they 
steal opportunities they talk bad about people…and trying to make you
look bad… these scummy  disgusting worthless  human beings are on such a low rung of the evolutionary
scale CAN YOU SAY NOT ELOLVED???????

The more I look the more I see the
hand of the theft  started from when I
moved in  here…. 1999… my dad had a
mortgage of 132,000.00  a great dad who
actually wanted me to be happy to succeed and 
to have a great life.. probably the same wonderful  dad who took me to school in france when I
was 18 after high school…. Made sure I would 
be safe.. help me set up a bank account..  checked out not only the school but my
friends… and  even gave me an open return
ticket so I could  return to  Europe 
after  my   stint at school…..

Ahhhh……. the days of safety and
laughter and friendships… the days of unlimited dreams and no identity theft
and no scum criminals… and not one horrid person…not one….

 

So you know  I barely had a lock on the dorm room… had a
bunch of my jewelry and even wore  a
bunch of jewelry… and low and behold NO THEFT!!!!! I actually didn’t even know
any scummy people was surrounded by guardian angels and  great amazing people… real friends… for most
of my life… except for moving into the strand…  
except for here…. 

It just blows my mind  that there are such  destructive scummy people out there…  real slime.. 
the kind of people who will harm others until they are dead… and should
be….  because they are ried to be
criminals.. to select  other people and
ruin their lives…

Like the bitch on the phone the
past few days…  its like a kid with no
filter… who is just mean… and was born without a conscious…. This is what made
me cry the past few days..and I know  it
is not my mother or any type of friend…  here are some quotes that run through my mind
and  I get me upset…

1.      
She tried to say 
that I burn food…. But I don’t

2.      
She tried to say that none would hire me..
because  I wrote www.mysearch for
justice.com

3.      
That something was wrong with me .. oh yea.. I
think the quote was I was not normal… or what I was doing was not normal..
like  working all night instead of  during the day….  Because some idiot seeps setting off my
alarm… at 1 am then 4 am the n 6 am… you can’t sleep…. Anyway with  the 
alarm interrupting my sleep…. And since have had way too many things
stolen… it s been easier this way…. At least for the past week or so….

4.      
Also the bitch 
said….. that Patrick weber  opened
the bank account  but that is basically
criminal  for someone to open a bank
account without even contacting me… I mean is it the criminal felony frarazad
’s buddy criminal sidekick casey….. or some other imposter idiot… you know I
mention him as the”  winking blinking”
fake Patrick weber who  wanted to give
the HOA and extension on the  statute of
limitations….. or  who?????AHHH the bitch
on the phone who is stealing money from 
me and has been using my name and my home  and my life…and my businesses to  live off my life like parasites… AHHH the
brat onteh phone.. who today wanted me to go to sleep and not to talk to
anyone…  or who????

5.      
Also the bitch threatened to  stop allowing me to call my mom….   my mom would ever do.. would never ever even
say that… but probably the same criminal bitch who wanted to take my money from
my bank accounts… and use it for 
themselves….  Under the lies she
created… the pretense that I “cant” pay my bills and they needed to do it… which
is a lie..  all a bunch of lies.. for
their own selfish benefit..   because I
pay my bills… … and have the history to prove tha ti pay my bills and do not
owe anything for  my bills… and probably
thanks to the thieving bitch on the phone … no credit cards bills either….  probably  to  show
for it…  but the bitch  who has been on the  phone has been a really mean liar as  of lately … … Also same bitch who would bully
me until   I would cry or get mad and
yell…or anything… so she could tape it… or try to say that is my normal  behavior which it is not!… I prayed for the
bitch….  the bulling bitch on the phone
to die…. To stop… to quit ruining my life and 
my families. Life…. I don’t care that it is a ten year old brat….or a 16
year old who thinks she is a grown up just because  in some screwed up culture she is already
married to  some old man …. That is not  a grown up…. Or evolved… or a great person…
that is just a criminal bitch…who manipulates so that she can still steal
from  my family and friends…. She /it
preys on people ….. not  allowing  their lives to be the best possible  outcome.. but harming or lying  for the criminals own  their own benefit… lying about who my family
is…. or has. Or  if they love me…..or
like me… trying to  change  my nationality. My ethnic origin to  throw my lie to a poor family….or
dysfunctional family …. or  to  an uneducated family. Or to  anyone or 
do anything that will limit my life and my  livelihood… and stop me from being
happy…  because the identity thief bitch
needs my life…

 

 

6.      
They need my life and connects to steal from the
people I used to babysit for… or know.. or who were my friends or  who believed in my life  and my dreams…. these criminals ..their
entire motivation is nothing is not  about creating g happiness or  instilling 
great and wonderful memories or events…  I don’t 
get what it  could possibly be
about… other than theft… or some money outcome… 
some scam…. 

7.   
Like when I went to  babysit for the kids for Switzerland… and I
was leaving late and this girl in a bob hair cut actually was showing
up…while  I was leaving…  and the weird thing  while she was showing up in her white  Chevrolet .. I couldn’t see her face… but the
back of her head. When I had my hair done looked a lot like how I usually wore
my hair… and there was this guy….  there in
another car behind her.. who looked a  bit like my dad…   and then the clincher…this really cute guy
who  I actually saw at the airport….  Port 
in new York in 2003 when  I was
waiting to get on a plane to go back to 
Naples after what turned out to be a horrid,   horrid trip to New York for  my sister Maura’s birthday I remember
that  guy because he came really close  me an looked directly  at my face… as if her knew me or was trying
to figure out if he  knew me… maybe he
knew the imposter bitch who came to babysit after me…  and who keeps trying to give me some left
over family or criminal scum to speak to on the phone….. I have hated  it for the past ten years.. and more…  They ruined my life….Wonder if the fake mean
bitch on the   phone  …..if she  took credit for giving my sister  Maura…. and niece a birthday present…sending
little treats like the  treats I sent to
my sister Mattie,,,,, or for this website.. or 
for my life….  Or is the girl who
called my sister on her birthday pretending to be me… the same little what
actress. Or imposter or identity thief who also 
pretends to be me  to others who
do not know the difference….  Who do not
get to speak with me every day to tell the difference in speech patterns. Or in
what I say or how I say it.. who would know the difference in dialogue and
vocabulary… and knowledge…  this same
bitch tried to tell me I didn’t  live in
Saudi Arabia… because I couldn’t remember the 
comforter  on my mom’s bed in the
second house  in
Ras Tanura…. I’m just taking a wild guess but since the r was this show on with
Celine Dion  and that came on before when
the people  from Canada were in
town….  Just wondering if the entire
manipulation this time and bulling this time… was for what imposter bitch’s benefit…
So lets see… my mom went to Canada  for
her birthday  two years ago.. for a few
years.. this past year I took her out to the movie..and to diner…  but the year before….  She went …. And had a reunion with aunt
bonnie, and all the people she was friends with …. While we were living in
Saudi… I even tried to have a birthday cake sent but I don’t think it ever got
there….anyway…  the point is…  if people who had money and were my mom’s
friends.. and were in town…and here to 
help my mom or my family… ..or to visit.. or  who really knows what the truth is…  I feel like I am lied to every day… for the
past  ten -13 years… EVERY DAY LIED TO
AND MY LIFE MANIPULATED….. to benefit someone else…. Some new imposter who
needs to use my name or my life…or my family or my friends…and then  they throw me away or pass me off the talking
to another  group who needs something
from my life…     its been a horrible
existence…. Lied to  that my dad is
sick..or my mom is losing her home.. that her bushes in ruines.and that my
sisters don’t love me.. all lies…  but
enough to emotionally and psychologically abuse 
me….  What kind of sick psycho
person does that ….  I actually looked up
psychological abuse online her is the definition… Psychological abuse:

8.      
From Wikipedia, the free encyclopedia

9.      
Psychological abuse

10.  
Classification and external resources

11.  
ICD-10 T74.3

12.  
ICD-9   995.82

13.  
Psychological abuse, also referred to as
emotional abuse or mental abuse, is a form of abuse characterized by a person
subjecting or exposing another to behavior that may result in psychological
trauma, including anxiety, chronic depression, or post-traumatic stress
disorder.[1][2][3] Such abuse is often associated with situations of power
imbalance, such as abusive relationships, bullying, child abuse and abuse in
the workplace.[2][3] There were “no consensus views about the definition
of emotional abuse.” As such, clinicians and researchers have offered
sometimes divergent definitions of emotional abuse. However, the widely used
Conflict Tactics Scale measures roughly twenty distinct acts of
“psychological aggression” in three different categories:

14.  
Verbal aggression (e.g., saying something that
upsets or annoys someone else);

15.  
Dominant behaviours (e.g., preventing someone to
have contact with their family);

16.  
Jealous behaviors (e.g., accusing a partner of
maintaining other parallel relations).

17.  
The U.S. Department of Justice defines
emotionally abusive traits as including causing fear by intimidation,
threatening physical harm to self, partner, children, or partner’s family or
friends, destruction of pets and property, forcing isolation from family,
friends, or school or work.[4]

18.  
In 1996, Health Canada argued that emotional
abuse is motivated by urges for “power and discontrol”,[3] and
defines emotional abuse as including rejecting, degrading, terrorizing,
isolating, corrupting/exploiting and “denying emotional
responsiveness” as characteristic of emotional abuse.

19.  
Several studies have argued that, unlike
physical and sexual maltreatment, an isolated incident does not constitute
emotional abuse. Tomison and Tucci write, “emotional abuse is
characterised by a climate or pattern of behaviour(s) occurring over time […]
Thus, ‘sustained’ and ‘repetitive’ are the crucial components of any definition
of emotional abuse.”[5] Andrew Vachss, an author, attorney and former sex
crimes investigator, defines emotional abuse as “the systematic
diminishment of another. It may be intentional or subconscious (or both), but
it is always a course of conduct, not a single event.”[6]

20.  
Subtler emotionally abusive tactics include
insults, putdowns, arbitrary and unpredictable inconsistency, and gaslighting
(the denial that previous abusive incidents occurred). Modern technology has
led to new forms of abuse, by text messaging and online cyber-bullying.

21.  
Contents 
[hide]

22.  
….         

23.  
She/bad fake girl /mom…. wanted me off the phone
today and kept telling me to go to sleep…

24.  
 For some
reason I still think It has to do with 
the bitch  karn kahel and her clan
of criminals… and  imposter con artist
scum…..

25.  
You know 
the lawyer who wanted to foreclose…. who worked with the criminal david
j stern…. Guess Mathew kahl… yep…. Criminals stick together….  The bitch actually stole from me  from both ends…and I was soo innocent and naive…  and so clueless…. .I bet she was trespassing
from the moment   I moved into my condo…
her and her criminal friends…. The missing items form my garage.. I bet that
was travelers and gypsie construction workers… …. here…  I remember she speaking  about a 
property in the strand  that she
could get for  $169.00… and I remember
thinking  that is weird because the is
what I was to  my condo cost…. But  I was lied to … it was 132, the first mortgage
was 132….. and from that point on… these scam artist started scamming  and stealing isolating me from my friends and
family…manipulating. And   ruining my
life… and my businesses… and everything… I ever wanted…. And haven’t stopped….
And no one can seem to stop them….     

It fits the bullies
on the phone  perfectly!

And the criminals
who manipulate… who gets to see whom… when soes someone get to meet with
whom…  its like you get an entirely new
family and existence… poor vs wealthy… it changes everything  who you get to talk to  what yoru family has or does .. or eats or
what establishments they patron… it changes everything!!!!!!I hate it..
everyminute of the manipulatieon.. I hate it 
I ‘m a real person I change my mind like trygin new things at times..
have certain taste and style that I love.. quit trying to ruin my life
manipulating my life for your  own
benefit… 

 

Its ….My real family I want… they
were amazing…  and they really loved
me….  Theywer supportive and loving
and  smart and  made really great choices…

I think  after I moved in here the bitch  who needed to use…. steal my identity… my
clothes my personal affects.. she also manipulated my life to lower my standard
of living.. to lower my everything.. and she did it on purpose.. you knw like
in Cinderella the wicket step sisters… that is what Karen kahel and her scum
are  lilke …..the manipulators.they
wanted the grat gusy to met  the  great b-day presents or chirtmas presents..
they wanted the nice vacations and nice houses…they wanted to get the mba I
wanted or start the business I worked 
towrd having… the psycho freaks weren’t happy with themselves so they
ruined my life to better their own…and they did it all on purpose… all the lies
on purpose.. and I was so niave… I trusted the people they brought into my life…who
ended up hurting me…  who ended up lying
ot me who ended up stealing from me…

I thnk  all the way back… when I knew in my heart
what my famly had taught me of money or choices and of a certain way of life…

Examples:

1.      
I moved in to a great condo planning on
decorating and having a business and I had only two credit cards….. one for
internet use…and  one for my personal
use… I had a bank account and a business bank account and a paid off car….. and
limited debt and a great credit rating…   

2.      
Lie about owing 10,000.00 in taxes from the
IRS….  So that I didn’t put my name on my
conno from the beginning… thought Brigit told me to put my name on it …  I should have listened to her..

3.      
Traded my car for a lease… my dad had before
always  bought cars outright….  One year old so you lose the depreciation…
and  you kept an maintained it  and  it
lasted… you did research and selected the best 
car for the money.. that was what I was taught…   so it was strange when  the option of leasing my car and  trading in a fully paid off car …. Traded it
in for a Durango ( for the faux painting business…  but bald headed guy ROCCO   from 
the fort myers  Durango dealership
got the better end of the deal…  bad
decision in the long run….  

4.      
I should have contacted the police each and
every time things were missing from my home… and filed stalking reports
and  filed a report when  idiots 
on the phone got violent… when gerard 
threatened to kill my mom… to hurt me and my family to ruin  my life…  

5.      
I couldn’t have known that the manipulation of
mortgages.. o f stealing credit cards… of everything was  going on.. but if I had reported it from the
beginning maybe some of it could have been stopped…   THERE
IS JUST SO MUCH ….. IT WAS NEVER FUN IT ALWAYS JUST HARMED MY LIFE MY CREDIT
MY  HOPES AND MY DREAMS… IT ALWAYS JUST
HARMED MY LIFE…. 

It feels like  my family 
and the set of circumstances of my life and my existence and the set of people  I get to know or to talk to … is changed… by the
decisions of a bunch of  idiots/criminals  who lie to me and continue to lie  to me whether it is on the phone or eve
sometimes in person… …. Who manipulate what 
they think they know about me or my life…  and then 
they stick stories of people who are supposed  to be people I know or  used to know… and then they manipulate the
entire  scenario…. And my entire life
changes because of their lies…and manipulations… for example…. I didn’t go to
see  my sister and her family this year
for her b-day…   but did someone else go
over…. Did someone else show up to be the “great”  sister 
the  “nice” sister the “thoughtful”
sister…. Or what?  There  were two phone calls my sister got on her
birthday supposedly from  me… I only
called once… and then about the phones… what is up????  When i first moved in to my condo my dad and
everyone would always go outside to 
speak on their cell phone… it wasn’t just because there was bad
reception in side.. there wasn’t bad reception in side at all… still is not..
can’t be…..  the wireless interne works
throughout …now.. the same
would have been  for the cell phone
reception  in the early
2000’s……right? 

Or this stupid alarm system…
messed up mortgages… . missing mail…. 
And when tons of people used my home 
and stole from me….  My entire life
has completely changed and been harmed 
from  these criminal creeps…. And
the more I   go back and think about
everything.. and all the hell I have been put through ….. it started  with some criminal scum  selecting me and my family…. To steal from
….and  then all the rest  of the people who knew what was going  on… 
allowing it to happen…. And didn’t do anything to stop it…. Like this
bank account at regions  bank… 

Speaking of criminal scum… here
are some more info on the alarm…. Going off….today October 3^rd and 4^th(
early morning)  it has already gone off 5
times!….

Lets backtrack and document the
alarm

1.      
 fri sept
28^th 2012:   7:12am

2.      
Sat sept 29^th 2012:  1:07am

3.      
Sat sept 29^th 8:48am

4.      
Monday october  1^st 2012:  2:03pm 
( heard people upstairs at same time)

5.      
Tuesday October 
2^nd 2012:  4:21am

6.      
Wednesday October 3^rd 2012:  6:35am

7.      
Wednesday October  3^rd 2012:  8:59am

8.      
Wednesday October 3^rd 2012:  12:34pm

9.      
Thursday October 4^th  2012: 
2:12:31am

10.  
Thursday October 4^th 2012:   2:54am  
  

 

Message to the criminal scum:  WHO GAVE YOU THE RIGHT TO PLAY GOD AND DECIDE
MYLIFE WASN’T VALUABLE…. Or just decide my life at all……

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Mail this form, along with payment (if applicable) to:

 

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Your identification information

 

mary jean ziska 
Social Security number: 595166501

5632 whisperwood blvd. Date of birth: 07/07/1966 

naples FL 34110 

 

 

 

Employment information:

self

5632 whisperwood blvd. naples FL 34110

 

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fraud alert be added to my personal credit report.

 

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fraud alert be added to my personal credit report (be sure to enclose a copy of
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atisfaction of Mortgage FAQ – United States

 

 

A Satisfaction of Mortgage is a document signed by a mortgagee acknowledging that a mortgage has been fully paid by the mortgagor and that the mortgage is no longer a lien on the property. In order to clear the title to the real property owned by the mortgagor, the Satisfaction of Mortgage document must be recorded with the County Recorder or Recorder of Deeds. If the mortgagee fails to record a satisfaction within the set time limits, the mortgagee may be responsible for damages set out by statute.

               

 

Back to Satisfaction of Mortgage Agreement

Contents

[hide]

 

    1 Who is the Mortgagor?

    2 Who is the Mortgagee?

    3 What is a notary public?

    4 What is the consideration?

    5 What is the County Recorder’s Office?

    6 Where can I obtain the legal description of my property?

    7 What is the tax parcel number or parcel identification and how do I find out what the specific number is for my property?

    8 Why is there a large margin at the top of property related documents?

    9 Can I get my document notarized in a different state than where the land is located?

    10 What do I do with the Satisfaction of Mortgage after it has been signed by the Mortgagee and a Notary Public?

    11 Do I need to have witnesses when I sign a deed?

    12 How is a Deed of Reconveyance different from a Satisfaction of Mortgage?

    13 What happens when no Satisfaction of Mortgage is recorded?

 

Who is the Mortgagor?

 

The Mortgagor is the individual or entity that borrowed the money to purchase the property.

Who is the Mortgagee?

 

The Mortgagee is the individual or entity that lent the money to the Mortgagor. (e.g., the bank.)

What is a notary public?

 

A Notary Public is a state-appointed official who is authorized to authenticate certain legal documents, such as declarations, acknowledgments, deeds, mortgages, and other contracts. Most real estate deeds are notarized by attorneys.

What is the consideration?

 

The consideration entered on a deed document should be the actual value paid by the Grantee to the Grantor in monetary terms. If no consideration is being provided, such as in the case of a gift, then 10.00 can be entered as the standard consideration.

What is the County Recorder’s Office?

 

This office is referred to by different names in different states, such as County’s Office, Register of Deeds, or Land Registry Office. It is where documents relating to real property are registered.

Where can I obtain the legal description of my property?

 

You should be able to obtain the complete legal description of your property from the County Recorder’s Office by providing your municipal address or tax parcel number.

What is the tax parcel number or parcel identification and how do I find out what the specific number is for my property?

 

This number is a 10-12 digit number that identifies ownership and assessed values of property for taxation purposes. The number can be obtained from your Tax Statement, Revaluation Notice, or Personal Property Listing Form.

Why is there a large margin at the top of property related documents?

 

The County Recorder who will file the document requires a 2-3 inch margin at the top of the document so that they can affix a stamp, filing number or some other form of information to help identify and record the document. Do not write in this space.

Can I get my document notarized in a different state than where the land is located?

 

Most states recognize notarization of land transfers by officials from other states, but you should contact the County Clerk’s Office where the land is located to be sure that they will allow the document to be notarized in another state. Our documents allow for inter-state notarization by enabling you to select in which state you will have it notarized, regardless of the location of the property.

What do I do with the Satisfaction of Mortgage after it has been signed by the Mortgagee and a Notary Public?

 

After the document is signed and notarized, it should be filed at the land records office in the county where the property is located. This office is referred to by different names in different states, but is usually called the County Clerk’s Office, County Recorder’s Office, Register of Deeds, or Land Registry Office.

Do I need to have witnesses when I sign a deed?

 

Currently, only Arkansas, Georgia, Michigan, Ohio, South Carolina, and Vermont require that witnesses sign deeds in addition to a notary public in order for deeds to be valid. However, in some states, specific counties require that deeds be witnessed. You should check with your local county recorder’s office to determine if witnesses are required.

How is a Deed of Reconveyance different from a Satisfaction of Mortgage?

 

A Deed of Reconveyance is a document which transfers title in the property back to the borrower from the Trustee and it is used to acknowledge that the borrower has fully paid what he or she owed under a Deed of Trust. A Satisfaction of Mortgage is used to acknowledge the same of a Mortgage agreement. A Satisfaction of Mortgage is a document signed by a mortgagee acknowledging that a mortgage has been fully paid and that the mortgage is no longer a lien on the property. In order to clear the title to the real property owned by the mortgagor, the Satisfaction of Mortgage document must be recorded with the County Recorder or Recorder of Deeds. If the mortgagee fails to record a satisfaction within the set time limits, the mortgagee may be responsible for damages set out by statute. In essence, the Deed of Reconveyance and Satisfaction of Mortgage both serve the same function, which is to show that the borrower has repaid the loan fully and that the lender has no further interest in the property.

What happens when no Satisfaction of Mortgage is recorded?

 

If a purchaser of property pays off the entire debt that he or she owes under a mortgage but no Satisfaction of Mortgage is recorded, then the lien will still be registered against the against the property. In most states, there will be a penalty for the Mortgagee if a Satisfaction of Mortgage is not filed within a reasonable time upon the full payment of the mortgage debt. Even if done later than the statutory required time period, the Mortgagee should still try to prepare a Satisfaction of Mortgage and have it registered once the debt has been paid.

 

 

Back to Satisfaction of Mortgage Agreement

 

 

Categories: Document FAQs – United States | Loan Document FAQs – United States | Real Estate Document FAQs – United States

 

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I have not left my home in at least 30 days which means i
did not leave to open a bank account at regions bank… please tell me on what
authority is it o.k for an account that i am not told about  or know 
the account number… or know what the amount of the account… is it a
checking or saving??? on what authority 
is it o.k. to have an account open… no matter whether it is in my name
with my social security number or my address….  I have been dealing with an identity thief
since 2002… also opening credit cards and 
using my social security number.. my name and even my address… also
have  west law account crads stolen from
my mail box and had to report mail theft… 
look i want to know  what you are
going to do with this account?… i never opened it… and gave no permission
for any one to open an account.. i have been lied to  that whatever anyone does to my life or my
mortgages or my home or my accounts is alright… it is not alright… why is
there an o.k. listed on this bank account? 
ps i have even had the stupid girl who poses as me hack into my phone
messages and email accounts.. and broke into my home and stole  clothes… it is not o.k. i have had to file
police reports.. had to contact the state attorney’s office and the attorney
generals office…. what so i need to do to make your realise   this is very up setting to me it is not
o.k…. i mean do you have info on the account? i don’t … i even had a woman
say she wanted to take  my medical
disability  from my social
security…..and put it in her account… is this what they want to steal
next?…. stealing from me has been a real hobby for these creeps  please email me a response…
whatabtmary@yahoo.com… immediately…. i have to go and call my attorney…
again… and it has ruined my life.that is why i got life lock… it is a
necessity for me.  while i am trying to
put back the destruction these criminals have caused in my life…. so it is
not o.k. who the hell did you speak with concerning this  account? .. 
help! do you need the police report i filed concerning this? sincerely
Mary jean ziska

When a borrower signs the mortgage
security instrument at closing, they grant and convey the legal title to the
mortgage to Mortgage Electronic Registration Systems Inc. (MERS) and MERS is
the mortgagee. As the agent for the promissory note owner, upon instructions
from the owner, MERS will commence a foreclosure. The mortgage instrument
states that MERS has the right to foreclose and sell the property. Courts
around the country have repeatedly upheld and recognized this right.

 

In the foreclosure process, MERS has
been and continues to be an outspoken advocate for all parties, producing all
the required evidence, including the note. If that means taking more time to
gather the necessary documents before rushing in and filing a pleading, MERS
strongly recommends doing so.

It often takes time to produce the
note. Attorneys for mortgage companies usually are under very tight time
pressures from investors to act quickly. Instead of actually producing the
note, many attorneys rely on the practice of filing a “lost note” affidavit.
This is a practice that MERS does not support. When MERS forecloses, we require
that the promissory note be in our possession endorsed in blank, making MERS
the note-holder with the right to enforce it.

 

 

 

This isn’t the folks with the $75,000 houses squaring off
against the people with the $1,500,000 houses. It’s banks and servicers against
anybody who owns a home of whatever value.

 

“relieved of mortgage debt because of a sloppy assignment”
sounds a lot like the foreclosure crisis version of the old “the judge let the
guy with the bloody hands go just because we searched his house without a
warrant”. It’s not homeowners exploiting some loophole. It’s proving that you
have a legal right to take away somebody’s house before you turn them onto the
street.

 

Whether a foreclosure plaintiff has a proper assignment is
not a technicality. If I owe money to Chase, Citibank can’t take my house just
because it shows up and says it has an assignment.

 

 

I consider this to be the difference between “lawful and
timely execution” and “recordation.”

 

Failure to record an assignment of mortgage does not effect
the perfection or validity, or the lack of perfection or validity, of an
assignment.

And if all they have is an unsecured note, it is likely the
debt itself could be discharged in bankruptcy.

 

In such a scenario, the homeowner is in a much better
position to negotiate MEANINGFUL mortgage modification, including principal
reduction, b/c otherwise the bank is looking at getting nothing.”

 

In such a scenario, any homeowner/borrower/defendant that
entered into any sort of modification agreement should have his head examined.
That seems like a “give them money out of the kindness of your heart” line of
thinking. Remember, we’re talking about banks. I don’t know of anyone (outside
of our congress) that has any pity for them – and that lack thereof for good
reason.

 

Additionally, have you read any of such agreements? I have.
About 20 of them. Boiler plate stuff. The most disturbing parts are the
sections that have the homeowner/borrower/defendant signing away any and all
rights and defenses to any past bad deeds AND any future bad deeds on the part
of the alleged holder/owner.

 

 

 

OK, explain your theory to John and Jane Doe living on
Plugger Lane in their little bungalow, who have made every payment on their
$75,000 mortgage, when John and Jane Jetsetter living on Country Club Lane in
their Better Homes and Garden House with a pool in back, who have made only 10
payments on their $1,500,000 mortgage and are 6 months behind, are relieved of
their mortgage debt in a foreclosure action because of a sloppy assignment.

 

 

 

For those of you that this has happened to, get a forensic
audit on your loan. If it turns out you have been foreclosed on illegally, it
may be that you have rights. It is a matter of “standing” for the person
attempting to foreclose and whether they actually have legal standing to do so.
You may be able to successfully challenge that. MASS land court ruled 20 years
of foreclosures invalid. You have to get INFORMATION (sorry for shouting) you
need an attorney as well, as the issues are so complex.

 

The premier site for information is;
livinglies.wordpress.com/ There are links here to other sites. There are
other sites out there in your state but remember this; and sorry for shouting
again

 

IF ANYONE WANTS TO MODIFY YOUR LOAN, YOU ARE IN GREATER
JEOPARDY OF LOSING YOUR HOME THAN IF YOU FIGHT THEM. Real estate has not hit
bottom and now title to property is clouded so that selling it may be
impossible and you can stay in your home until it is sorted out. Without
paying.

 

you need to decide what situation you are in, if bankruptcy
is best, the bankruptcy court may protect your rights best from the people that
pretend to have the right to foreclose. This is still common in many states.
Some courts are rubber stamping fraud, and they will eventually have to address
their mistakes. Florida is making big strides, and angering the bankers that
tried to write a new law helping foreclosing easier for them, harder for you to
challenge.

There are a variety of remedies, but they differ for
everyone. Different states have different laws, but federal law will often
trump some of these issues.

 

Get help, learn what people in your state are doing

 

 

 

es, you are correct they f’up all the damn time. But, that
doesn’t mean the mortgagors get a free house.

 

The f’ups in the assigments don’t really have a damn thing
to do with the mortgagors. That fact and the fact they haven’t met the terms of
the promissory note ultimately beats them.

 

In saying this, I am not excusing any forgeries. People who
have done this should be prosecuted.

 

The thing is, oldgold, in many cases the paper trail is so
long, convoluted, and f’d up, that it is not possible to follow it; if they
can’t figure out who owned the note/mtg when, if they can’t prove who owns it
now, they can’t figure out who should make an affidavit. And, based on my short
experience in a mortgage bank trying to follow such f’d up paper trails, I
think that may happen far more often than one would think.

 

I really think that, at least some of the time, the would-be
forecloser will give up, leaving the borrower in place. And as Cynthia
suggested in an earlier post, the borrower could simply file a suit to quiet
title, and if he wins, that would be that.

 

Now, you may be trying these cases in real time, and my
experience dates from the late ’80′s savings and loan debacle. But I can’t help
thinking the bank people probably f’d up as least as badly, and in similar
ways, as before. What do you think?

“These mortgages were not actually assigned.”

 

Gotcha; agreed. No assignment plus no payment = zero rights
to collect.

 

You’re kind of muddying the waters with your reference to
the lack of recordation though. As I suspect you know, recordation has nothing
to do with the efficacy of a conveyance/pledge etc…, it only relates to the
rights/priorities of third parties.

 

Not recording a valid assignment doesn’t make it
ineffective, and recording a defective assignment doesn’t make it effective.

tejanarusa April 19th, 2010 at 3:21 pm

 

no I’m not confusing them. Maybe I did not explain myself
well enough though.

 

These mortgages were not actually assigned. Not where these
non -assignments recorded with the county clerks office (which would have
provided the “notice” part of a bona fide purchaser for value without
notice)–so, unless the bank can show it has an equity interest b/c it paid for
the assignment even though the assignment did not happen, it’s screwed.

 

No valid assignment and no proff of payment and no recording
inthe county clerks office

 

How does the bank prove standing?

In order for someone to acquire rights under a note, they
must be a ‘purchaser for value’.”

 

I think you’re confusing being an assignee with being a
holder in due course. You can have the contractual rights under a note and the
real property security interest under a mortgage assigned to you without being
a purchaser for value, you just won’t be a holder in due course. You still have
the right to demand payment on the note and foreclose on the mortgage, you’re
just in a bit less of a legally advantageous position.

 

 

In response to oldgold @ 32

 

    The key question
is going to be whether or not they paid the promissory note in accordance with
its terms. If not, ultimately they are going to be foreclosed.

 

You are wrong about that. Whether or not they paid the
promissory note = whether or not the note holder has an action against them for
the debt.

 

If there is no standing to foreclose, they MIGHT be able to
obtain a judgemetn against you for the debt, but they cannot take your house
away b/c they have no standing in the land.

 

And if allthey have is an unsecured note, it is likely the
debt itself could be discharged in bankruptcy.

 

In such a scenario, the homeowner is in a much better
position to negotiate MEANINGFUL mortgage modification, including prinipal
reduction, b/c otherwise the bank is looking at getting nothing.

Cynthia Kouril April 19th, 2010 at 3:01 pm

Request Received!

Thank you. Equifax has successfully received your request to
place an initial 90 day fraud alert or active duty alert on your credit file.
You should receive an email notification within 48 hours that your requested
alert has been added to your credit file. If you do not receive an email
notification within 48 hours, please contact Equifax at:

 

Equifax Information Services LLC

P.O. Box 105069

Atlanta, GA 30348-5069

 

 

Your Confirmation number for this request is: 2277042442

 Please print this
page and save your Confirmation Number for future reference

 

 

——————————————————————————–

 

 

 

No More Work For You

Your request to place an initial 90 day fraud alert or an
active duty alert on your credit file will be sent directly to both Experian
and TransUnion so you don’t have to contact them separately. If you do not
receive notification within 7 business days that they have added an alert to
your credit file, you may want to contact them directly:

 

TransUnion, PO Box 6790, Fullerton, CA 92634: (800) 680-7289

 

Experian, PO Box 9530, Allen, TX 75013: (800) 379-3742

 

Created Assignments and “Cloned” Officers Yield Fraudulent
Foreclosures across the Country

By: Cynthia Kouril Monday April 19, 2010 12:27 pm           

 

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In courtrooms across the country, judges are foreclosing on
homes based on improperly prepared documentation, some of which may even be
fraudulent. At the heart of the problem are entities like Mortgage Electronic
Registration System (MERS), which itself is owned by many of the largest
financial institutions in the U.S. If MERS and other similar firms acting as
foreclosing entity were required to show legal proof of mortgage assignment,
the documentation offered could reveal a lack of capitalization that would make
the bank bailout look like lunch money.

 

Imagine you are a judge in a state court mortgage
foreclosure part, or maybe in a bankruptcy court.

 

Your experience and training tells you what is supposed to
happen. An originator of a mortgage, with the actual wet ink documents in hand
and full knowledge of the transaction, makes MERS the nominee for the holder of
the mortgage and records the mortgage in MERS’s name and gives physical custody
of the wet ink documents to MERS. The originator then assigns the mortgage and
note to Bank. Bank, with full knowledge of the assignment transaction, may
assign it further, perhaps into a trust to back up Residential Mortgage Backed
Security (RMBS). All of this would be done with proper notice to MERS who would
always be up to date on who is the most recent assignee of the mortgage. When the
time comes to foreclose, MERS would release the wet ink documents to the
lawyers for the last assignee, who would use those original documents to
foreclose.

 

Now comes into your court, a party claiming to be the
lender—or at least the lender’s successor in interest—saying that it has
acquired the homeowner’s mortgage by assignment. The homeowner took out the
mortgage 5 or 6 years ago from XYZ originator, but the loan was recorded at the
county clerk’s office or local land office as being in the hands of MERS.. I
have explained about MERS and other issues relating to sloppy mortgage document
handling in prior posts.

 

Attached to the complaint is a document which, on its face,
appears to be an assignment of the mortgage from MERS to plaintiff. It is
signed by a person with an official looking title at MERS. So, would you be
safe in assuming that the person who signed the assignment:

 

1) went and fetched this mortgage out of a file room at
MERS;

 

2) checked it over to make sure it was properly assigned
from the originator to MERS; and

 

3) that the party to which the assignment was about to made
had paid for the right to own the mortgage, before executing the assignment?

 

No, you would not.

 

In the Aughts, during the rush to make loans and generate
all those origination fees, front line lenders and mortgage brokers would zoom
through paperwork and flip the mortgages immediately over to trusts and
servicers. They didn’t always complete the paperwork to assign the mortgage
over to either MERS or to the trust. The mortgage may have been filed with the
county clerk as belonging to either MERS or to some mortgage back securities
trust, but the actual assignment papers might never have been executed. And
although money moved around from the servicers, originators and investors,
paperwork indicating payment for the transfer of a particular mortgage was not
always provided.

 

Nonetheless, servicers acted as if the loans had actually
been paid for and properly assigned and sent out notices to homeowners saying
that payments on a particular mortgage were now to be directed to this
servicer. The homeowners paid the servicers who presumably forwarded on a net
amount, less their servicing fees, to the investors in the Residential Mortgage
Backed Securities (RMBS).

 

Then one day, the homeowner goes into default. The trustee
for the trust that is supposed to be holding the mortgage for the benefit of
the investors in the RMBS, springs into action and want s to foreclose. Well,
actually, the servicer springs into action using the name and consent of the
trustee — the servicer makes tons more in fees from foreclosure than it does
from mortgage modification.

 

The servicer hires a law firm. The law firm will need an
assignment document as proof that the trustee owns the note and has standing to
foreclose. Where does the law firm get this assignment? Does the trustee
contact MERS and ask for assignment? Does the trustee have to pay somebody to
buy the note? Does MERS prepare the document and send it over?

 

Nope.

 

In many instances, an employee of the servicer, or of a
document mill executes hired by the servicer, creates and signs the assignment
from the originator, indicating that he or she is an officer of the originator.
Sometimes an employee of the law firm executes an assignment from MERS
indicating that he or she is an officer of MERS.

 

In neither case, is it likely that the person executing the
assignment has ever clapped eyes on the mortgage documents. Rarely, if ever,
does the signer have any direct knowledge of whether any money has actually
changed hands to effectuate the purchase of this mortgage by the entity which
will be receiving it and foreclosing upon it. In order for someone to acquire
rights under a note, they must be a “purchaser for value”.

 

Let me say this again. People who are not actually employees
or officers of the originator, sign as if they are. People who don’t actually
know if a loan was ever paid for, are executing documents as if they do. They
are purporting to transfer mortgages from the originator to either MERS, or to
an entity called the “depositor” who deposits the mortgage into a RMBS trust,
or directly to a RMBS trust. People who are not employees of MERS are executing
documents purporting to transfer mortgages — which may or may not have actually
been properly transferred into MERS — from MERS to RMBS trusts.

 

AND NOBODY IS TELLING THE JUDGES OR THE HOMEOWNERS THAT
THESE DOCUMENTS HAVE NO ACTUAL KNOWLEDGE BEHIND THEM.

 

I am not accusing the people who sign these things of
deliberately lying, in the sense that you tell a deliberate falsehood knowing
it to be false. I’m sure they “hope” the documents are accurate; they just have
no way of knowing.

 

Click here to read about a law firm that creates, and has
its own employees sign, assignments from MERS that it uses as exhibits in the
cases it brings. Click here to read about a group of people signing on behalf
of many different originators simultaneously.

 

Having read these articles about created assignments and a
“clone army” of officers signing documents, courts should pay
attention to the fact that the signatories are pretending to work for the
GRANTOR — the original lender or someone in the chain. However, they are really
being paid by the GRANTEE — the mortgage servicer working on behalf of the
trust. Talk about your conflict of interest.

 

The signers have no personal knowledge as to the accuracy of
anything they are representing.

 

So, when you, the judge, are presented with this complaint
and the documents which purports to effect various assignments, how do you know
if any of it is real? You don’t.

 

[Earlier posts in this series and related links at Kouril’s
Foreclosure Fraud Resources]

comment on this64 Comments Recommend

Tags: foreclosure fraud, mortgage, legal battles, MERS,
foreclosure crisis, foreclosures  

64 Responses to Created Assignments and “Cloned” Officers
Yield Fraudulent Foreclosures across the Country

33-707. Acknowledgment of satisfaction; recording

 

A. If a mortgagee, trustee or person entitled to payment
receives full satisfaction of a mortgage or deed of trust, he shall acknowledge
satisfaction of the mortgage or deed of trust by delivering to the person
making satisfaction or by recording a sufficient release or satisfaction of
mortgage or deed of release and reconveyance of the deed of trust, which
release, satisfaction of mortgage or deed of release and reconveyance shall
contain the docket and page number or recording number of the mortgage or deed
of trust. If a mortgagee, trustee or person entitled to payment receives an
amount less than full satisfaction of a mortgage or deed of trust, but has
agreed in writing to release the mortgage or deed of trust, the mortgagee,
trustee or person shall acknowledge release of the mortgage or deed of trust by
delivering to the person making payment of the agreed amount that is less than
full satisfaction or by recording a sufficient release of the mortgage or
release and reconveyance of the deed of trust, which release or release and
reconveyance shall contain the docket and page number or recording number of
the mortgage or deed of trust. It shall not be necessary for the trustee to
join in the acknowledgment or satisfaction, or in the release, satisfaction of
mortgage or deed of release and reconveyance. The recorded release or
satisfaction of mortgage or deed of release and reconveyance constitutes
conclusive evidence of full or partial satisfaction and release of the mortgage
or deed of trust in favor of purchasers and encumbrancers for value and without
actual notice.

 

B. When a mortgage or deed of trust is satisfied by a
release or satisfaction of mortgage or deed of release and reconveyance, except
where the record of such deed of trust or mortgage has been destroyed or
reduced to microfilm, the recorder shall record the release or satisfaction of
the deed of trust or mortgage showing the book and page or recording number
where the deed of trust or mortgage is recorded.

 

C. If the record of such mortgage or deed of trust has been
destroyed and the record thereof reduced to microfilm, it shall be sufficient
evidence of satisfaction of any such mortgage or deed of trust for the release
or satisfaction of mortgage or deed of release and reconveyance to be recorded
and indexed as such. The instrument shall sufficiently identify the mortgage or
deed of trust by parties and by book and page or recording number of the
official records. Such instrument shall be treated as a release or satisfaction
of mortgage or deed of release and reconveyance and recorded.

 

D. If the note secured by a mortgage or deed of trust has
been lost or destroyed, the assignee, mortgagee or beneficiary shall, before
acknowledging satisfaction, make an affidavit that he is the lawful owner of
the note and that it has been paid, but cannot be produced for the reason that
it has been lost or destroyed, and the affidavit shall be recorded. If the
record of such mortgage or deed of trust has been destroyed and the record
thereof reduced to microfilm, such affidavit shall be recorded and indexed as
releases, satisfactions of mortgage and deeds of release and reconveyance are
recorded and indexed and shall have the same force and effect as a release or
satisfaction of a mortgage or deed of release and reconveyance as provided in
subsection A of this section.

 

E. If a full release or satisfaction of mortgage or deed of
release and reconveyance of deed of trust that, according to its terms, recites
that it secures an obligation having a stated indebtedness not greater than one
million dollars exclusive of interest, or a partial release or satisfaction of
mortgage or partial deed of release and reconveyance of deed of trust that,
according to its terms, recites that the payment required for the partial
satisfaction or release does not exceed one million dollars exclusive of
interest, or a release of mortgage or deed of release and reconveyance of deed
of trust by a mortgagee, trustee or person who has agreed in writing to release
the mortgage or deed of trust in exchange for receipt of an amount less than
full satisfaction of the mortgage or deed of trust and that, according to its
terms, recites that it secures an obligation having a stated indebtedness not
greater than one million dollars exclusive of interest, has not been executed
and recorded pursuant to subsection A or C of this section within sixty days of
full or partial satisfaction of the obligation secured by such mortgage or deed
of trust, or within sixty days of the receipt by the mortgagee, trustee or
other person of an amount less than full satisfaction if agreed in writing, a
title insurer as defined in section 20-1562 may prepare, execute and record a
full or partial release or satisfaction of mortgage or deed of full or partial
release and reconveyance of deed of trust. No earlier than sixty days after
full or partial satisfaction and at least thirty days prior to the issuance and
recording of any such release or satisfaction of mortgage or deed of release
and reconveyance pursuant to this subsection, the title insurer shall mail by
certified mail with postage prepaid, return receipt requested, to the mortgagee
of record or to the trustee and beneficiary of record and their respective
successors in interest of record at their last known address shown of record
and to any persons who according to the records of the title insurer received
payment of the obligation at the address shown in such records, a notice of its
intention to release the mortgage or deed of trust accompanied by a copy of the
release or satisfaction of mortgage or deed of release and reconveyance to be
recorded which shall set forth:

 

1. The name of the beneficiary or mortgagee or any
successors in interest of record of such mortgagee or beneficiary and, if
known, the name of any servicing agent.

 

2. The name of the original mortgagor or trustor.

 

3. The name of the current record owner of the property and
if the release or satisfaction of mortgage or deed of release and reconveyance
is a partial release, the name of the current record owner of the parcel
described in the partial release or satisfaction of mortgage or deed of partial
release and reconveyance of deed of trust.

 

4. The recording reference to the deed of trust or mortgage.

 

5. The date and amount of payment, if known.

 

6. A statement that the title insurer has actual knowledge
that the obligation secured by the mortgage or deed of trust has been paid in
full, or if the release or satisfaction of mortgage or deed of release and
reconveyance of deed of trust is a partial release, a statement that the title
insurer has actual knowledge that the partial payment required for the release
of the parcel described in the partial release or satisfaction has been paid
or, if the release of mortgage or deed or release and reconveyance of deed of
trust results from a mortgagee’s, trustee’s of other person’s written agreement
to accept an amount less than full satisfaction of the obligation, a statement
that the title insurer has actual knowledge that the agreed upon payment has
been made in full.

 

F. The release or satisfaction of mortgage or release and
reconveyance of deed of trust may be executed by a duly appointed
attorney-in-fact of the title insurer, but such delegation shall not relieve
the title insurer from any liability pursuant to this section.

 

G. A full or partial release or satisfaction of mortgage or
deed of full or partial release and reconveyance of deed of trust issued
pursuant to subsection E of this section shall be entitled to recordation and,
when recorded, shall constitute a full or partial release or satisfaction of
mortgage or deed of release and reconveyance of deed of trust issued pursuant
to subsection A or C of this section.

 

H. Where an obligation secured by a deed of trust or
mortgage was paid in full prior to September 21, 1991, and no release or
satisfaction of mortgage or deed of release and reconveyance of deed of trust
was issued and recorded by November 20, 1991, a release or satisfaction of mortgage
or deed of release and reconveyance of deed of trust as provided for in
subsection E of this section may be prepared and recorded without the notice
prescribed by subsection E of this section.

 

I. A release or satisfaction of mortgage or a release and reconveyance
of deed of trust by a title insurer under the provisions of subsection E of
this section shall not constitute a defense nor release any person from
compliance with subsections A through D of this section or from liability under
section 33-712.

 

J. In addition to any other remedy provided by law, a title
insurer preparing or recording the release and satisfaction of mortgage or the
release and reconveyance of deed of trust pursuant to subsection E of this
section shall be liable to any party for actual damage, including attorney
fees, which any person may sustain by reason of the issuance and recording of
the release and satisfaction of mortgage or release and reconveyance of deed of
trust.

 

K. The title insurer shall not record a release and satisfaction
of mortgage or release and reconveyance of deed of trust if, prior to the
expiration of the thirty day period specified in subsection E of this section,
the title insurer receives a notice from the mortgagee, trustee, beneficiary,
holder or servicing agent which states that the mortgage or deed of trust
continues to secure an obligation, or in the case of a partial release or
satisfaction of mortgage or deed of partial release and reconveyance of deed of
trust, a notice that states that the partial payment required to release the
parcel described in the partial release or satisfaction has not been paid.

 

L. The title insurer may charge a reasonable fee to the
owner of the land or other person requesting a release and satisfaction of
mortgage or release and reconveyance of deed of trust for services, including
but not limited to search of title, document preparation and mailing services
rendered, and may in addition collect official fees.

HousingWire

Published on HousingWire (http://www.housingwire.com)

 

Home > Florida Bar files complaint against David J. Stern
over MERS case

Florida Bar files complaint against David J. Stern over MERS
case

Author(s):

Christine Ricciardi [1]

 

The Florida Bar filed a complaint against foreclosure
attorney David J. Stern Friday afternoon for allegedly violating the bar’s
rules by failing to produce documents as ordered by the court in February.

 

One of the stated rules Stern allegedly broke: “A
lawyer shall not knowingly disobey an obligation under the rules of a tribunal
except for an open refusal based on an assertion that no valid obligation
exists,” the filing states.

 

The complaint is asking for an investigation [2] to find out
why Stern did not file the documents, and is asking for disciplinary action.
The document does not suggest what that action should be if Stern is found
culpable.

 

At the beginning of the year, the Law Offices of David J.
Stern represented SunTrust Bank in a lawsuit against Mortgage Electronic
Registration Systems, according to the complaint. The Florida district court
issued Stern’s firm an “order to show cause” on Feb. 16, which asked
him to prove why sanctions should not be entered against him after he neglected
to file certain documents “in a timely manner.” Stern allegedly
ignored this order, the complaint said.

 

“Respondent failed to produce the documents and has
otherwise failed to respond,” the complaint said.

 

On March 14, the issue was referred to the Florida Bar to
figure out why Stern did not abide by the order. Stern attained a mountain of
litigation against him and his firm during that period, as investigations into
the robo-signing scandal were well underway.

 

Stern lost [3] Freddie Mac’s business in November 2010 over
foreclosure documentation issues, and lost [4] Fannie Mae’s shortly thereafter.
On February 25, the Florida Attorney General launched an investigation [5] into
several real estate law firms across the state, including Stern’s. In March,
the Plantation, Fla.-based company ceased foreclosure work [6] and stopped
trading [7] on the Nasdaq.

 

Stern’s attorney Jeff Tew told The Palm Beach Post his
client was fired from SunTrust in mid-December 2010, before the Feb. 16 order
was issued. Tew also said it was possible Stern missed the notice among 10,000
pieces of incoming mail everyday.

 

Write to Christine Ricciardi [8].

Source URL (retrieved on Oct 1 2012 – 7:49pm):
 

Links:

[1] [2]
[3] [4]
[5]
[6]
[7]
[8] mailto:cricciardi@housingwire.com