Fed-up judges crack down on foreclosure disorder in the courts

Christine Stapleton and Kimberly Miller, Palm Beach Post

Angry and exasperated by faulty foreclosure documents, judges throughout Florida are hitting back by increasingly dismissing cases and boldly accusing lawyers of “fraud upon the court.”

A Palm Beach Post review of cases in state and appellate courts found judges are routinely dismissing cases for questionable paperwork. Although in most cases the bank is allowed to refile the case with the appropriate documents, in a growing number of cases judges are awarding homeowners their homes free and clear after finding fraud upon the court.

Still, critics say judges are not doing enough.

“The judges are the gatekeepers to jurisprudence, to the Florida Constitution, to access to the courts and to due process,” said attorney Chip Parker, a Jacksonville foreclosure defense attorney who was recently investigated by the Florida Bar for his critical comments about so-called “rocket dockets” during an interview with CNN. “It’s discouraging when it appears as if there is an exception being made for foreclosure cases.”

In February, Miami-Dade County Circuit Judge Maxine Cohen Lando took one of the largest foreclosure law firms in the state to task in a public hearing meant to send a message. She called Marc A. Ben-Ezra, founding partner of Ben-Ezra & Katz P.A., before her to explain discrepancies in a case handled by an attorney in his Fort Lauderdale-based firm.

“This case should have never been filed,” said Lando, who referred to the firm’s work on the case as “shoddy” and “grossly incompetent.” She called Ben-Ezra a “robot” who filed whatever the banks sent him, and held him in contempt of court. She then gave the homeowner the home – free and clear – and barred the lender from refiling the foreclosure.

Attorney Maria Mussari, who represents the homeowner, said she wasn’t surprised.

“She has become a voice for other judges,” Mussari said. “If judges crack down on following the rules, we’ll still have foreclosures, but maybe the banks will pay attention and do it right.”

Mussari said it’s taken a while for the courts to wake up to the foreclosure disorder because homeowners were largely unrepresented and judges overwhelmed.

“It’s not that they don’t care,” she said. “They have thousands of cases on their docket and it’s the same thing over and over again.”

Ongoing scrutiny by the FBI, the Florida attorney general, the Florida Bar, the media and defense attorneys has uncovered countless examples of forged signatures, post-dated documents, robo-signing and lost paperwork.

Read more here

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Crazy ‘Sovereignty’ Terrorist Group At It Again

Susan McCord, Augusta Chronicle

“Richard-Terence: Jenkins” appeared to be a man of means, with deeds in his name to six Augusta houses and a seventh in Snellville, Ga., all notarized and on file with the clerk of Superior Court. He also had a mailing address at a house in Hephzibah and a car tag specifying “diplomatic corps.”

The houses — Jenkins doesn’t actually own them — were toward the low end of a portfolio being assembled by nine “sovereign citizens” now wanted on federal racketeering charges out of DeKalb County.

While his actions seemed merely strange to Augusta Realtors, whose listings Jenkins deeded to himself for “one silver dollar,” they’re actually characteristic of a domestic terrorist group beginning to gain ground in Georgia.

“We don’t consider them weirdos, we consider them antigovernment extremists,” said Stephen Emmett, a special agent with the Federal Bureau of Investigation’s Atlanta office.

For the most part, the so-called “sovereigns” file bogus paperwork and fake court and financial filings to commit fraud and otherwise “burden the system,” Emmett said.

In May, 16-year-old Joseph Kane shot and killed two Arkansas police officers when his father was pulled over by police. The pair had been traveling the country, giving classes on a sovereign scam known as “redemption foreclosure mortgage fraud.”

Jenkins, who was arrested Sunday at his grandmother’s house in Augusta, filed quit-claim deeds to houses on Davis Mill Road, Walton Loop Road, Walton Farms Drive, Sanderling Road and Glenn Avenue.

Notices posted in the windows of at least two of the homes informed “state and government agents” visiting that Jenkins was not a U.S. citizen under 1868 statutes, but rather a “national Citizen” of the republic under the Constitution of 1789.

Read more here: http://chronicle.augusta.com/news/crime-courts/2010-08-05/sovereignty-basis-area-racketeering

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Florida police officers, FBI agent indicted in federal mortgage fraud ring

Lisa J. Huriash, Sun Sentinel

When the former chief of the Plantation Police Department got a tip that some in his blue-uniformed ranks were involved in their off-hours in a suspicious real estate scheme, he turned the matter over to a state police agency.

The Florida Department of Law Enforcement eventually brought in the feds, and Wednesday, six current and former Plantation police officers, along with an FBI agent, a Lauderhill police officer and others, were indicted by a federal grand jury, accused of being part of a $16 million-plus mortgage investment fraud ring that bought and sold homes with phony documents.

Federal officials said a total of 13 people – including Plantation police officers Daryl Radziwon, 39, of Plantation; Casey Mittauer, 37, of Cooper City; and Joseph DeRosa, 35, of Coral Springs – were actors in the scheme.

FBI agent Robert DePriest, 41, of Plantation, who was assigned to the Miami field office, was also named in the indictment, as was Joseph LaGrasta, 32, of Tamarac, a police officer with the city of Lauderhill.

In a statement, U.S. Attorney Wifredo Ferrer said the case involves “a number of professionals who betrayed their profession for greed.”

Also indicted were two brothers who had served as Plantation police officers but were fired years ago: Joseph Guaracino, 32, and Dennis Guaracino Jr., 34, both of Plantation. A third former Plantation cop, John Velez, 37, of Plantation, who left Plantation in 2007 and joined Hallandale Beach police in 2008, was indicted as well. Hallandale Beach police officials said Velez resigned several months ago.

Read more here: http://www.sun-sentinel.com/news/broward/plantation/fl-plantation-police-indicted-20100630,0,3794073.story

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Seattle Mansion Squatter In Adverse Possession Scam Not Finished

Danny Westmeat, Seattle Times

I figured the arrest of the Kirkland mansion squatter last week would be the end of that crazy story.

But it only gets curiouser and curiouser. As we go down the rabbit hole of the housing meltdown.

The woman who was hauled away for squatting in a $3.3 million house? She has no intention of backing down.

She’s going to keep staking her claim to a house she insists nobody actually owns.

Plus she is staking claims to 10 other houses in the Seattle area that have gone into foreclosure and been passed from bank to bank.

She’s doing it all, she insists, not to make money. But to stick it to the banks.

“Banks do whatever they want and nobody holds them accountable,” Jill Lane said by phone from Disneyland, where she was vacationing after being released by Kirkland police.

“It makes me ill to see what the banks are doing. They aren’t using their bailout money to help anyone. So I’m standing up for the people who are being brutalized by banks every day.”

“This is a national movement,” seconded Jim McClung, a former Bothell real-estate agent and owner of NW Note Elimination, a company he runs with Lane that counsels people in how to “eliminate mortgages” as well as take over empty, foreclosed houses.

“What happened in Kirkland is just the tip of the iceberg.”

It sure is, suggests the FBI. Last week the feds released a report saying housing-related schemes are soaring, including what the agency called “property theft targeting bank-owned properties.”

People file false deeds on houses in foreclosure, either to try to take them over or to bamboozle the police and courts long enough to rent them out to unsuspecting tenants, the FBI says.

McClung and Lane say what they do isn’t stealing. They say they have no moral or ethical hangup about it. If a court determines a bank rightfully owns the Kirkland mansion, Lane says she’ll respect that. She just wants to force the banks to prove it.

Such tactics apparently have worked in a few cases around the country. Last fall a federal judge in New York voided a $461,000 mortgage when the lender essentially couldn’t find a note assigned to the property.

When the mortgage was sold and resold with pools of other securitized mortgages on Wall Street, the seemingly crucial question of who actually owned the underlying property was never properly recorded.

McClung said he was interviewed by an FBI agent the week before last, but has nothing to hide.

“We’re exposing that what the banks are doing is greedy and illegal,” he said.

Both he and Lane said they eventually want to claim abandoned properties and either give them to the poor or turn them into affordable rentals.

Michael Greif, for one, finds this Robin Hood twist to the story hard to take.

“They say they’re after the banks. But they’re really after people like me,” he says.

Greif, a 47-year-old from Lynnwood, paid NW Note Elimination $5,000 in May to help him stake his own claim to an empty, foreclosed house, also in Kirkland.

Brand new and on the market for $1.3 million, the house fits the profile. A builder lost it to a bank, which in turn went belly up, its assets transferred by the feds to another bank. The plan was to try to force this second bank to prove its ownership, and, if it couldn’t, simply take over the house by filing deeds and liens and then trying to sell it.

In addition to the $5,000 upfront, NW Note Elimination was to receive half the proceeds of any sale.

Within two days, though, Greif started having doubts. A friend warned that it sounded fishy. When Greif called the listing agent on the house and said he was going to file documents staking a claim, the agent told him he was out of his mind.

“It’s all embarrassing to admit to you,” Greif told me. “There’s an entire underground industry of this kind of stuff going on. I knew it was wrong, so I’ve got no excuse. I got caught up in it.”

Why tell your story? People will call you a fool, I said.

“I am a fool,” he said. “I wish I could have read a story about someone else who was a fool so I wouldn’t have ended up the fool.”

He’s been trying for six weeks to get his money back. The check was made out to McClung’s company. McClung told me Saturday it’s all a misunderstanding — that Greif was misled by a wayward employee who no longer works with McClung.

“So I can put in the newspaper that you hereby pledge to refund his $5,000?” I asked McClung.

“Yes,” McClung said. “He’ll get it back next week.”

I’m obviously no lawyer, but the NW Note Elimination contract that Greif signed looks to me to be gobbledygook. For example, it refers to quit claim deeds as “Quick Claim Deeds,” suggesting whoever wrote it doesn’t know much about real estate.

McClung said he’s troubled by the “greedy, negative spin” of recent press coverage.

“We’re trying to help people,” he said.

The spotlight hasn’t been all bad. Ever since Lane squatted in that mansion, the pair says, they have been deluged with e-mails and phone calls.

Not from skeptics. From people saying, “The banks are screwing me, too. Can you help me out?”

“We’re getting so much interest we’ve been turning people away,” McClung says.

Like I said: Down the rabbit hole we go.

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