Monday, August 30, 2010

Foreclosure Mill Cited In Recent Case By Judge For Fraud Calls State AG Probe Into Allegedly Fabricated Documents Politically Motivated, Overly Broad

In West Palm Beach, Florida, The Palm Beach Post reports:

  • The economic crimes division of the Florida attorney general's office is reviewing three firms following complaints that foreclosure documents were fabricated to rush cases through the court system. Other firms included in the probe are the Law Offices of Marshall C. Watson in Fort Lauderdale and the Plantation-based firm of David J. Stern.

For more, see Boca law firm calls foreclosure probe political.

For more on this outfit, see The Florida Foreclosure Fraud Weblog: Foreclosure lawsuits are built on lies: Shapiro & Fishman admits foreclosure claims cannot be verified (Shapiro & Fishman explained that their lawyers cannot ethically swear to the truth of the papers they file with the court, because they rely on information from others, according to this Motion for Rehearing filed earlier this year with the Florida Supreme Court).

(1) The Shapiro & Fishman law firm was recently cited by Duval County, Florida Circuit Court Judge Jean Johnson in a foreclosure action for "ha[ving] acutal knowledge of the falsity of any averments and representations made [in court] on behalf of the current servicer of the Mortgage" being foreclosed, and went further by "find[ing] by clear and convincing evidence that these acts committed by WAMU, Chase and Shapiro & Fishman amount to a "knowing deception intended to prevent the discovery essential to defending the claim" and are therefore fraud." See Jacksonville Trial Judge Bags Foreclosure Mill, Chase, WAMU For Fraud On The Court In Foreclosure Action; Dismisses Suit With Prejudice.

For Judge Johnson's ruling, see JP Morgan Chase Bank v. Pocopanni, Case # 16-2008-CA-3989 (Fla. Cir. Ct. 4th Dist. Duval County, August 9, 2010).

posted by Home Equity Theft Reporter at 4:02 AM