Fannie Knew David Stern Was Filing Faulty Court Docs In 2006

Kim Miller, Palm Beach Post

Federal mortgage giant Fannie Mae was told in 2006 about faulty court documents filed by Florida foreclosure attorneys acting on its behalf, but did nothing to correct the practices, an inspector general found.

A report issued Friday by the Federal Housing Finance Agency Office of Inspector General said an outside law firm hired by Fannie Mae to investigate allegations of wrongdoing confirmed “unlawful” practices and stated that foreclosure attorneys were sacrificing accuracy for speed by filing false documents.

After learning of the attorney misconduct in 2006, Fannie Mae failed to make any improvements in its oversight of the firms.

“Strengthened law firm oversight by Fannie Mae could have detected – if not prevented – these abuses by attorneys,” the report states.

Florida foreclosure defense attorneys agreed, pointing to the morass that followed last fall’s revelation of robo-signed documents and other faulty paperwork, some of which was produced by Florida’s so-called “foreclosure mills.”

“If action were taken sooner we would have avoided a lot of this instead of muddying up the public land records in tens of thousands of cases,” said attorney Tom Ice, of Ice Legal in Royal Palm Beach. “It goes without saying that if someone did something to stop the fraud, it would have benefited everyone.”

Fannie and Freddie Mac buy loans from banks and sell them to investors, providing guarantees to cover losses when loans default. They were taken over by the government in 2008.

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Embattled Former Foreclosure King Now Faces Potential Class Action by Ex-Employees

Martha Neill, ABA Journal

The dust hasn’t yet settled in the ongoing breakup of a former Florida foreclosure king’s empire.

But in the latest blow to attorney David J. Stern, a federal magistrate judge in Miami is recommending a green light for a class-action case. It would be brought by ex-employees of a legal processing business associated with his Plantation law firm concerning alleged labor law violations, the South Florida Sun-Sentinel reports.

The case could involve more than 700 former workers for DJSP Enterprises.

Stern, who oversaw a massive and once highly profitable mortgage foreclosure practice representing lenders, is currently being investigated by the state attorney general’s office. Meanwhile, the Florida Bar has filed a complaint with the state supreme court seeking disciplinary action.

Among other issues, he reportedly abandoned thousands of cases, due to a lack of staff to handle them, by simply writing letters to chief judges throughout the state listing the matters, rather than filing motions in individual cases as ordinarily is expected.

DJSP Enterprises voluntarily delisted its stock earlier this year.

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GMAC spends $1.5 million to transfer flawed foreclosure files to new attorneys

Kimberly Miller, Palm Beach Post

GMAC mortgage says it has spent more than $1.5 million to recover and transfer foreclosure files previously handled by the Plantation-based Law Offices of David J. Stern, which the lender fired in November.

The dollar figure is listed in a counterclaim filed by GMAC last month against Stern, who is suing to collect back fees for work the firm did on GMAC foreclosures.

But GMAC says the firm’s work was so flawed _ even charging legal malpractice _ that new attorneys assigned the cases were forced to re-initiate foreclosure proceedings due to concerns over documents previously filed by Stern’s firm.

“GMAC has since learned that DJSPA (David J. Stern, P.A.) committed gross malpractice in the handling of GMAC matters,” the counterclaim says. “DJSPA negligently, recklessly and/or wantonly breached its professional duties.”

GMAC was one of the first lenders to freeze its foreclosure operations last fall when it acknowledged flaws in its foreclosure procedures, including the use of so-called “robo-signers” to verify documents.

And while GMAC blames Stern in its counterclaim, its own employee, Jeffrey Stephan, was also signing flawed documents.

Stephan was charged with ensuring foreclosure paperwork was accurate and the proceedings justifiable by signing off that he had personal knowledge of the case.

Although the foreclosures may have been warranted, Stephan acknowledged under deposition that he did not have personal knowledge of the estimated 10,000 foreclosure cases he signed every month. Also, the notary affirming the signature was not always present during the signings, sometimes catching up a day later.

When GMAC learned of questionable practices at the Stern firm, including from depositions taken of Stern employees by the Ice Legal team of Royal Palm Beach, the counterclaim says it terminated its relationship with the firm on Nov. 16.

A response from Stern to GMAC’s counterclaim denies allegations of wrongdoing, and says that part of GMAC’s problems stem from its own failure to promptly obtain new counsel after firing Stern.

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Florida Barbie Under Fire For Firing Investigators Critical Of Her Campaign Donors

Janet Zink, Herald/Times Tallahassee Bureau

Calls are building for an investigation into the forced resignations by Attorney General Pam Bondi of two lawyers investigating foreclosure fraud.

A state lawmaker on Wednesday requested all documents related to the resignations, while a liberal public interest group has been circulating a petition asking for the state inspector general to investigate.

At issue are the departures of lawyers June Clarkson and Theresa Edwards, who led foreclosure fraud investigations under former Attorney General Bill McCollum. Clarkson and Edwards were forced to resign in late March from their posts in the Fort Lauderdale economic crimes bureau.

The two had received positive job evaluations from McCollum.

“As a member who represents an area ravaged by foreclosure fraud, these terminations present an overwhelming public concern,” said Rep. Darren Soto, D-Orlando, in a letter to Bondi.

Progress Florida, a St. Petersburg advocacy group, is asking for an investigation into Bondi’s actions.

“We think the big banks and the financial industry have leveraged their enormous political power to have these attorneys removed,” said Mark Ferrulo, executive director for Progress Florida.

Bondi said that such suggestions are “unfounded and offensive.”

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