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

Another email to lifelock concerning
the identity theft and the Regions bank account that  I  don’t
have that was opened in my name…. This email pertains to mary
jean ziska and my lifelock account and an alert i received from you about a
bank account being opened in my name with my social security number and  using my address… I just called my mother’s
telephone number and was told  by her
that she received a phone call from a person who sounded like me who told her
this person impersonating me…. this person had received a package in the mail
concernign the regions bank account… once again i did not open a regions bank
account … i did not receive any informaiton in the mail concerning the
regions bank account and  I did not
call  my mother’s phone number
239-598-1515 to tell her that i did receive 
a mailed package with banking information for a bank account i did not
open……. today is october 4th… 2012 at 11:29pm and i am really upset….
this person who has been stealing my idenity, stealing money off my mortgages
and ruining my credit with duplicate credit cards and phone accounts… with
manipulating and stealing phone messages using spoofed numbers who has
stolen  personal pictures and jewlery and
clothes from my home has ruined my life..i got life lock to stop this….. i
started a website www.mysearchforjustice.com to stop this… i contact the
police and filed reprorts to stop this… why isn’t it being stopped?… i
treid to call regiosn bank to put a freeze on the account… i contacted my
credit agencies to put a fraud alert on my social security number… why arent
you doing anything about this… this message is from the real mary jean
ziska… the person’s who’s life is completely destroyed.. and this idenity
thief is still trying to  ruin my life my
credit and i  my homeownership…. you
have a million dollar guarantee that you will not allow idenity theft… while
on your watch i keep emailing you and telling you everything is not alright….
and to stop accounts or to stop the theft and 
as i told the perosn at the bank you will be held accountable for
this… i upgraded this account over the phone by a  girl on teh phone who told me that you were
here to help not to aid the criminals… what do you need finigerprints? or
blood? to prove i did not open a regions bank account….  see my blog posts i have put in there all
the  records of email contacts i have
tried to make with you… lifelock…. help! The person i spoke with wouldn’t
put a freeze on the account they wanted me to come into the bank… i dont
leave my house i am on medical disability due to anxiety from all of this from
being bullied andharassed by  a groupof
conartis and thieves who have tormented my life.. stolen form me since 1999…
including making duplicate accounts in 2002…. look at how much i have had to
do to my credit reports… This is goign tooo far.. this firl  is gettign away with ruing my life and
stealing  from me again… HELP sincerely
the real origional mary jean ziska

So remember when i wrote about the laptop that showed up on the tracking device in Bonita  and in 9th street…. this morning.. my alarm went off twice…  actually since yesterday it went off 5 times… but  it had to have happened  between the 12:31am time it went off and the 2:54am   I went into my kitchen which has an obstructed view into my  bedroom and my office which I relocated into  my closet from my den after my laptop  accessories were stolen from my den… this is pretty fucking BOLD….  I went into my kitchen to get something to eat and another cup of tea…  i was out of my room for a total for 15-20 minutes…   when I came  back into my office… the laptop was  not on.. for a moment  I  thought that was weird since i had changed the setting so it would never turn off… no sleep..ever.. and then i noticed when  turned it back on that the time was off..  it said 12something.. when it was already 3amish… and i had changed that a while ago.. so it should have not changed… then just a minute a ago i went to look up information i had saved as a document about Mathew kahe.. and the tracking location was set to Bonita.. and i had changed that as well..
I also got  really upset since all the documents i had been saving and working on for letters to creditors and to   the credit agencies  the spacing of all the documents was wrong.. had re spaced the  letters an the items i had saved from  the internet  and re spaced them do i could print them out and put them in with eh letters….
WHY CAN”T you idiots leave me alson .. why the helldo you need to steal a computer…. the yswitched out the toshiba because they needd a workign lap top… so that is basically stealing..an these old laptops… what…  why?????? leave my life alone if you aren’t going  to help my life
Go away.. stop ruining my life!so also i had someone on the phone ask about the amount  of letters that i thought i would be sending… what are they going  to exchange letters… that is against the law it si a federal offense to  tamper with  the mail…. were they planning on messing up that part of my lfie too… they have messed up or for the bitch who opened up a new bank account the the group of con artist are trying to protect…  is it for the bitch who opened a new bank account  in my name .. this 40-60 thousand dollars… is it the same amount that they stole form the murray family  mr murray owns a bank… or this one renter of my mom’s Ron… his dad was supposed to be a millionaire and i had to sent out paperwork on my condo to him…. and then who else… what friends or family did they  steal from this time… these criminals from Bonita… . quit screwing up my life…  and  the letter i was writing to GMAC and  about all the messed up everything they have done  in my life…. also i still don’t know who the brat was on the phone who pretended to be my mom and kept telling me to go to sleep and then didn’t  want to talk to me because  supposedly she was watching the debates… so for the past week i haven’t  had even my mom to talk to .. talk about isolation…. i want to talk to my om and my friends and my family  …and the real people who can help….. i feel like i am talking to  these people who are more like enemies… who are scaring me that something bad is going to happen next.. i had a person  threaten that I’d better hurry to write the letter or else  more bad will happen to my credit  report and my home ownership like another foreclosure ..  but  a company that doesn’t have the originational note cant  foreclose… they don’t own my home.. what another attempt from the winking blinking fake Patrick Weber the criminal who wants me to  go through hell….  he gets off  when i get to cry or go through upsetting experiences… right?is that the scum who took the laptop this time? …

Matthew Kahl

Title

Attorney at Morris Hardwick Schneider

Demographic info

Greater Atlanta Area |
Law Practice

Current:

Senior Associate, Default Operations and
Compliance Director at Morris Hardwick Schneider

Past:

Attorney at The Law Office of David J. Stern, P.A.,
Attorney/President at Matthew L. Kahl, P.A., Attorney at Florida Closing &
Title, Inc.

Education:

University of Miami School of Law , University
of Florida – Warrington College Of Business, St. Andrews School

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before it was charged off
¨ Other:

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
www.4closureFraud.org
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
www.4closureFraud.org
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
www.4closureFraud.org
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

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