(BREAKING NEWS, OP-ED) —
UPDATE (September 29, 2018) …
For those of you who were hoping that the SHTF for two Ditech attorneys and the witness for the servicer who allegedly gave false testimony at trial … we thought you’d like to see the research that we recently pulled out of the court record. I am confused Judge Butchko?
This kind of behavior could have been called out using “the system of things” the way it was designed … however, Foreclosure Defense Attorney Bruce Jacobs has not elected to utilize those designations, especially when he knew they were available. Since then (in this case), counsel for the Plaintiff (Green Tree) has changed. It appears there are several lawyers involved in the fray now. All of them, as we peel back the layers of the onion, could be tested as to how the system of things is supposed to work. We’ll see as time progresses through what is now an apparent 3-year-old case.
Several media outlets, including the Daily Business Review, Miami New Times and Law.com are all reporting that the two Ditech Financial LLC attorneys are slated to face Miami-Dade Judge Beatrice Butchko on February 1, 2018, pending their appeal to stop the proceedings.
Miami-Dade Judge Beatrice Butchko
Miami-Dade Circuit Court Judge Beatrice Butchko ordered a non-jury trial date (which amounts to a “trial to the bench”, similar to foreclosure proceedings where a judge gets to rule unilaterally instead of the matter going to a jury of peers) for February 1, 2018, where Florida attorneys Yacenda Hudson and Amina McNeil have to show why they should not be held in criminal contempt of court for not producing Ditech manuals which explain the company’s record-keeping processes, which the lawyers finally did produce for opposing counsel, Bruce Jacobs of Jacobs-Keeley, a prominent Miami-Dade law firm this blog poster is directly familiar with.
Jacobs, himself a former prosecutor, has chastised the behavior of Hudson and McNeil and their witness from Ditech, Christopher Ogden, who Miami-Dade Circuit Court Judge Pedro Escharte, Jr. has implied “gave false testimony in an effort to introduce the prior servicer’s records into evidence under false pretenses.”
Amina McNeil, Tromberg Law Group
Yacenda Hudson, Tromberg Law Group
Hudson and McNeil have hired their own lawyers, who filed multiple motions in an effort to derail the upcoming hearing. If the attorneys are found in contempt, Judge Butchko has threatened referral to the Florida Bar, which could take up the matter for disciplinary actions against both lawyers.
Jacobs has characterized the opposing counsels’ behavior as an “attack on the integrity” of the court system.
The entire matter revolves around the “loan boarding process” over a property in West Kendall, Florida, where Jacobs demand that Ditech produce its manuals, which Ogden stated to the court contained company mandates about how processes in servicing of loans were to be conducted. As it appears, those manuals say nothing giving credence to Ogden’s testimony in Escharte’s court about accuracy-checking processes that Ogden claimed existed. Judge Escharte claims the company willfully lied in court to protect itself; however, the outcome in equity was that it sought to steal someone’s home by whatever means necessary. Does that sound familiar to any of you?
It further appears that the “bugs” in the relationship between Ditech and the servicer it acquired, Green Tree Servicing, have come home to infest Ditech with more serious issues, which other attorneys and litigants could learn from. The articles also mention a similarly-flawed process in loan boarding conducted by Ocwen Loan Servicing, LLC, which Judge Butchko characterized as “legal fiction”.
Anyone facing Ditech or Ocwen in court should now be able to use this flaw as an attack strategy in their own cases. Any time that either of these two entities bring their servicer representative to court to testify, all one would seemingly have to do is a little research into what questions to ask to tie them up into a nice, neat, little bow, to be set on fire later when they can’t produce the documents they’re relying on.
What the court systems in Florida are sadly just now coming to recognize is that the crap that we’ve known about in document manufacturing, robosigning and drafting up bogus powers of attorneys and corporate resolutions to cover up the banking industries lies have been ongoing since securitization kicked into high gear at the dawn of the new millennium. To me, the rest of the justices across the country are either in denial or they’ve been bribed to go with the flow. What goes around comes around. Karma’s a bitch!
For more details, click on this pdf: Criminal Contempt Proceedings Go Forward Against Boca Raton Attorneys | Daily Business Review
I posted the attorneys’ pictures in this blog post in case you happen to face them in court … I don’t think I have to tell you how to proceed when they’re the opposing counsel. Know thine enemy whilst thou art in the way with him …
For those of you who wish to see more evidence of fraud and misrepresentation on the court, click this pdf:
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