Tag Archives: Florida Bar

GUTTING THE UNDERBELLY OF THE BEAST – PART 8

(OP-ED, first posted: September 22, 2018) — 

The writer of this post is a paralegal and consultant to attorneys on matters involving chain of title, foreclosures and document manufacturing.  The opinions expressed herein are that of the writer’s only and do not constitute legal or financial advice.  Any use of the theories or ideas suggested in this post is entirely at your discretion and will probably result in disaster without the proper legal help.

In the segment numbered “Part 7” of these successive posts, there was a boatload of case law wherein judges did the right thing.  As you probably noticed from reading In re Wilson, it involved improper reporting of the posting of payments (all while the foreclosure was still being commenced).  Another case (M & T Bank v. Smith) involved multiple manufactured promissory notes (after the fact) that could have not possibly happened the way the bank’s attorneys said they did. To that end, the judge did the right thing, by: (1) holding an evidentiary hearing; and (2) sanctioning the Marshall C. Watson Law Firm, noting that the Marshall C. Watson Law Firm has gained notoriety for filing false assignments in the land records!  This is EXACTLY what I intimated was STILL GOING ON in the real property records, included in the OSCEOLA COUNTY FORENSIC EXAMINATION.

And sadly, these same attorneys that are representing the banks’ servicers went to the same law schools as the foreclosure defense attorneys seated at the opposing table.  The “good ‘ol boy network” reaches up into the judiciary, because judges were attorneys at one point.  Everybody who’s anybody knows somebody in the profession.  Their relationships are more than cordial.  Many of them run so deep that some foreclosure defense attorneys have tempered their aggressive behaviors, despite the fact they want to do the first thing by their clients (whether their clients know it or not).  The bigger part of the problem is the one thing that all attorneys learn in law school: find some way to settle.  When someone’s home is at stake, settling for less than a completely positive outcome shouldn’t even be on the table.  In fact, it’s an insult to the homeowner’s intelligence (what was the lawyer thinking?).  This is not to say that someone cannot rise up and call this chicanery for what it is: fraud on the court, compounded by felony components and ethical violations worthy of disbarment.  This is what should have happened in every case posted in Part 7!

Aside from all of the arguments over the various issues you hear in the courtroom, the judges keep tabs on everything that’s said and they watch the clock fastidiously. You only get so much time, which is why getting all of your discovery done ahead of time is important, along with the intended depositions.  This is all part of building that big, bad ass paper trail I talked about on earlier posts. The bigger the paper trail, the more evidence you have to help the affected insurance company either deny a claim or pay out on a claim!

Now we’re going to get even more serious …

The Oregon State Bar was sued by two of its member attorneys in U.S. District Court under 42 U.S.C. §§ 1983 and 1988.   Read the 7-page Complaint here:

Gruber, Runnels v Oregon State Bar, US D. Ore No 3-18-cv-1591 (Aug 29, 2018)

CASE IN POINT: THE DETAILS

Notice here that the Defendant is referred to as “a public corporation” established pursuant to Oregon Revised Statutes § 9.010 (imagine the liability there)?

Also notice that on the last page, the Oregon State Bar put out a press release that smacks of political overtones.  Is this organization a State Bar or a political action committee?

And this is just the tip of the iceberg.  By publishing that single-page ideologue, the State Bar hierarchy has just “positioned its own agenda”.  And you wonder where judges get their agendas?  Who put this “free house” crap in their heads in the first place?  This is only part of the bullshit that has most Americans distrusting their judicial system.  That is not a good thing under “the system of things”.  Stuff like that leads to civil unrest (or hasn’t Congress noticed?) or civil disobedience.  Hey wait!  We’re already seeing that in America … just read the State Bar’s ideologue!

The State Bar Associations have errors and omissions insurance that can be challenged if they fail (as a public corporation) to do the right thing by the people and instead, push their own agendas on the body politic.  I’m talking foreclosed homes by attorneys who lied in court and used phony assignments to bolster their claims of standing, created by servicers and their employees to steal private property because they didn’t do the paperwork properly when the loan was first executed (and potentially securitized).  This makes the entire process liable (if not in the least, suspect), especially when the state bar (in this case, Oregon) sets a bad example by putting out political statements instead of remaining neutral and unbiased.  Why not say something like most judges do in foreclosure courts (and I’m being really sarcastic here):

“When’s the last time you made a mortgage payment?”

At that point, it doesn’t matter what you say, the judge already has his mind made up, despite whether the banks’ attorneys are all accessories to felony conspiracy and fraud, along with a multitude of ethical violations that could get them disbarred (and potentially imprisoned)  I am waiting for the day (and I think I’ll see it in my lifetime) when a judge gets his bond revoked and gets removed from the bench because he (or she) was warned of the felony components of the attorney’s behavior (for the bank) and ignored it … and didn’t do the right thing.  The damage is suffered when the judge issues the final judgment of foreclosure.  At that point, a sale date is set and all is lost unless somebody recants or the judge changes his mind.

And it’s all based on the phony assignments.  Shouldn’t someone be held liable?  I’m not talking about a corporate fine here either.  I’m talking about prison time for the perpetrators of the documents! 

MOTIONS TO VACATE

Lest the judge not have fair warning and be allowed to change his (or her) mind, based on newly-proffered evidence, the bank’s attorneys may end up losing more than their case.  In fact, because of felony behavior, or any collusion with felony behavior (i.e., Oh, sorry I robbed that bank … I was only the getaway driver; here’s the money back) … fraud can pierce not only corporate veils, but all operating agreements sanctioned by the state to where the individual managing attorneys and partners are all personally liable to the homeowner.  If it’s a major law firm, they’ll probably try to avoid filing an insurance claim, because the felony behavior would “come out in the wash” and the firm would never get insurance coverage again and would have to either self-insure or dissolve. And that, my friends, is how we take down a law firm … because they’re going to want to settle … but if there’s a class action of over 1,000 homeowners … who is going to cough up all that money to pay those 1,000 claims under statute?  Someone is not only going “broke”, but the State Bar had better make sure they don’t commit felonies again (through disbarment).  Now they get to figure out, with a felony involving moral turpitude, good luck getting a job at Wal-Mart.  How would they pay off those $250,000+ in student loans?  Boo-hoo!  (sobbing)  … NOT!

So the Motion to Vacate serves as a tool to make the court aware of the illicit behavior … and why.  If the court ignores it, the judge and the county he acts in become participants in the fraud and felony behavior.  This is when things get dicey.  The “system of things” is going to try to draw a “fine line” as to whether the behavior was unintentional or malicious.  This is why we need court transcripts!  If the judge makes an “agenda statement” (i.e., “No one gets a free house!”; “When’s the last time you made a mortgage payment?”; or “You’ve lived in that house for free long enough!”).  This type of speech not only promotes a specific “agenda”, it could lead to more sinister issues. AND …

No one to this point has thought to inform the county’s risk manager with the proper ammunition.  Every pro se litigant that has tried going through the risk manager has failed miserably because they do NOT know HOW to properly “connect” with the person responsible for “damage control”.

SOVEREIGN IMMUNITY

All judges in every state enjoy this privilege.  Unfortunately, many of them let it go to their heads.

States also enjoy this privilege.  Isn’t that amazing how they get to legislate themselves this privilege?

Judges get to “play God for 5 minutes” in foreclosure court, not realizing the scenario may present itself to mandates that require them to “do the right thing”.  Because they have “agendas” (“NO ONE GETS A FREE HOUSE!”), they are more quick to “step into the pile of shit” that is about to be created for them.  They have to answer to a judicial review board.  If it can be shown that a felony was committed, on top of multiple ethical violations … and the judge did nothing about it after being called out on those violations … their sovereign immunity is in jeopardy.  Any judge reading this article should take to heart what I’m saying, because the counties are self-insured and most of its officials have to answer to voters.  What if that class action also includes the judge (or judges) involved in the multiple felonies committed in hundreds of cases still applicable in their county?  What if the statutes of limitation are tolled because of the ongoing behavior?  Sure, it’s going to be a sticking point, but, the fact is, no insurance company or bonding company is going to shell out any legal fees to pay for the accessory criminal behavior of an attorney or judge in representing them (paying their attorney’s fees).  The judge will not be able to get another bond, ever, because his or her bond would have been revoked.  That “bond” is an insurance policy designed by “the system of things” to compensate the injured for their losses.   The “senior judges” that were brought out of retirement to preside over foreclosure courts could find themselves and their estate liable as well.  In most states, personal injury judgments are NOT dischargeable in bankruptcy … especially when the parties were warned of potential felony issues and ignored them! 

If the entire Supreme Court of the State of West Virginia can be impeached for felony misbehavior (embezzlement, unjust enrichment and misappropriation of state property), then what makes the judges in the foreclosure courts think they can get away with imposing their political agendas on homeowners when the banks and their servicers are feloniously culpable for fraudulent document manufacturing (or in the least, being co-conspirators to that effect)?

And no, this is NOT going to collapse the entire system of things.  This “too big to fail” bullshit is nothing more than fear mongering.  The “system of things” was created “By the People, For the People”.

Thus, if a class action lawsuit of affected homeowners went after just ONE LAW FIRM and its supervising attorney and its managing partners and took a judge along for the ride as well, especially if the judge had anything to do with the properties he issued orders of final judgments against, now THAT would be something!  That would send a clear message that the “safeguards” that are in place in “the system of things” actually work!

C & E’s JUST BECAME MORE EFFECTIVE! 

These same principles work outside of the realm of the foreclosure proceeding, especially when challenging phony documents or statements made in the pleadings of foreclosure mill attorneys that are false and misrepresentative.  It doesn’t take a rocket scientist to figure out that an Affidavit from an Expert Witness Attorney who identifies the false and misrepresentative information, along with the ethical violations, will strike discord in the heart of the lawyer(s) bringing the foreclosure action.  And you wonder why there are substitutions of counsel when things get dicey in a foreclosure case.  Again, it has everything to do with something illegal happening behind the scenes that the foreclosure mills want to avoid exposure on.  That makes the C & E (Cancellation & Expungement) action even more important!

C & E actions are declaratory in nature.  They open up discovery like a Pandora’s Box.  Once the court is notified of the statutory and ethical violations, it must do the right thing and hold a hearing to preserve the sanctity of the justice system.  If ignored, the judge hearing the case deserves what’s coming because the entire “system” that’s supposed to be in place (in his Court) just went to shit!  Then it’s no holds barred.  His county is self-insured and would rather put him on administrative leave and attempt a crack at “damage control” and quietly settling out of court.  Of course, this is why attorneys are taught to settle FIRST in law school.  That way, they don’t have to air dirty laundry in front of the judge.  Again, and I reiterate this with utmost sincerity, most Americans don’t trust the justice system as it is, which is why “the system of things” is in existence … it all involves insurance and who pays for the damage claims, if in fact they pay out anything (this work to the opposing party’s detriment, or it could work to your benefit … you don’t get both most of the time).

THE CONSPIRACY AND THE UNDERLYING TORT

Fraud is a tort.  The elements of fraud are also expensive to prove.  The elements of negligence however are not.  KNEW OR SHOULD HAVE KNOWN … BUT FAILED TO ACT would seem to apply here.  This is much easier to prove, especially if it was willful.  Imagine getting discovery from one of the robosigners or the notary involved in the document creation, all singing like canaries to avoid felony perjury prosecution.   What are the banks and their servicers (and title companies) going to do?  Kill all the notaries so they can’t testify against them.  Three words here: Remember Tracy Lawrence?

Misrepresentation is also a tort.   Couple that with negligence and you have negligent misrepresentation.   Go to your jury instructions to find out WHAT you have to prove to win your case … see here, see here (courtesy of the State of Tennessee, where MERS ain’t shit!):

Jury_Instructions_-_Misrepresentation

Jury_Instructions_-_Negligence

Remember (from previous posts) that conspiracy is only actionable as a tort in certain states (by statute).  In a majority of states, conspiracy, while not actionable, can be used to prove an underlying tort, through discovery, while exposing all of the parties involved, especially if a law firm is involved in creating the phony assignment being used to prove standing to foreclose on you!   Yes, it costs money dammit!  You want justice?

 

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GUTTING THE UNDERBELLY OF THE BEAST – PART 7

(OP-ED, first posted: September 18, 2018) —

The writer of this post is a paralegal and consultant to attorneys on matters involving chain of title, foreclosures and document manufacturing.  The opinions expressed herein are that of the writer’s only and do not constitute legal or financial advice.  Any use of the theories or ideas suggested in this post is entirely at your discretion and will probably result in disaster without the proper legal help.

This is one of those sections which describes HOW “the system of things” is supposed to work.  We all know that it doesn’t always work the way it’s supposed to.  As a matter of fact, we know that in most instances, especially involving the prosecution of foreclosures, it hardly works the way it’s supposed to, especially if judges have “an agenda” or are “incentivized” to act in the best interests of the banks.  We simply can’t have the banks collapse now, can we?  It is this kind of fallacy that has screwed up our entire chains of title, as well as our legal system, with bad legislation and bad case law.

What I focus on in this segment is past cases that reflect the way things are supposed to work versus when they don’t.

“UNCLEAN HANDS” VERSUS “FRAUD ON THE COURT”

This is a slippery slope for not only foreclose mill attorneys but also the courts that hear their complaints.  The Appellate Courts of course can only rule on matters of error in the cases presented to them.  They cannot hear the entire case re-litigated again; in fact, they won’t stand for it.  Appellate Courts in Florida for example, especially the 3rd and 4th District Courts of Appeal, are famous for issuing “PCAs”, which basically means they are declining to hear the case and that the lower courts ruling stands as adjudicated.  This is one of the reasons why I bring this subject matter up now, which is due to the inept behavior of some judges in the lower courts to “clear their dockets” in the interest of justice, when in fact, many of these judges are “seniors”, already drawing a pension, that have nothing to lose by kicking you to the curb.  This is a serious false assumption on their part (the senior judges).  I don’t care whether these judges are drawing a pension or not … they are not protected by sovereign immunity (and neither is the county that they are acting as an employee of, within the course and scope of ruling on foreclosure cases), when they step “outside of the box” and appear as an accessory to something more sinister.  Sovereign immunity does not necessarily go away if an error is made.  However, if the court gets notice of statutory and ethical violations and does nothing to stop it, sovereign immunity goes away and liability for some sort of “wrong” kicks in.  Yet, no one is addressing this part of “the system of things” when in fact, it should rightfully be addressed and properly dealt with to the fullest extent of the law.

For the purposes of arguendo here, I focus on the state courts as well as the bankruptcy courts, because this is not something that can really apply to the extent that one would think in the federal court system because the federal judges are appointed for life.  One attorney in Hawaii, Gary Victor Dubin, has likened being in federal court to committing suicide.  I find no solace in federal court, given the dismal number of foreclosure cases successfully defended while bankrupting the debtors (borrowers of mortgage loans) who all came into the federal system seeking to “delay the inevitable”.  Only an egregious act by the bank would warrant sanctions and there is no singular case that I can reflect on in a U.S. District Court wherein the judge superbly did “the right thing” the first time, without having to be reprimanded for his abusive rulings by the Appellate Court.  Besides, federal courts do not like pro se litigants, as we discussed earlier.  So why are you thinking federal court?   While the FDCPA and FCRA take up a lot of the consumer-oriented litigation, it is safe to assume that these are mostly initiated in class-action form.

STATE COURT ACTIONS

JPMorgan Chase Bank NA v Pocopanni et al, 4th Jud Cir Ct No 16-2008CA-3989

In the foregoing case, the Hon. Jean Johnson did the right thing by calling the bank attorney’s behavior what it was … fraud on the court by Chase and Shapiro & Fishman.

US Bank NA v Harpster, Pasco Co Cir Ct No 51-2007-CA-6684 (Mar 25, 2010)

US Bank’s lawyers could not stand up to the scrutiny of an Affidavit submitted by the bonding company for Terry Rice, the employee who was notarizing documents within the David J. Stern law firm without having a valid commission by the Floria Secretary of State.  The documents he notarized would come back to haunt him years later in another case in Pinellas County, Florida.

M&T Bank v Lisa D. Smith, St. Johns County, FL No CA09-0418

This case was submitted by Attorney Lynn Szymoniak in her review of dozens of cases where fraud on the court was met by Circuit Judge J. Michael Traynor’s Order of an evidentiary hearing with overtones of sanctions for not one, but three separate violations of behavior by the then-Marshall C. Watson law firm.  The outcome is shown below:

M & T Bank v Smith_Order (Jun 10, 2010)

This is significant because Judge Traynor quoted Rule 4-3.3(a)(1) of the Rules Regulating the Florida Bar … “a lawyer shall not knowingly make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer.”  (Dismissed with prejudice!)

OneWest Bank FSB v Drayton, 2010 NY Slip Op 20429, Sup Ct Kings County (Oct 21, 2010)

The late judge Arthur Schack had seen enough banking malarkey to last him a lifetime, calling out robosigner Erica A. Johnson-Seck and demanding an affidavit under oath of her employment history for the past three years and why a conflict of interest doesn’t exit in this case involving being a signer for MERS, a VP of IndyMac Bank and a VP of OneWest Bank, all in one felled swoop, warning the bank’s counsel that: “… the new standard Court affirmation form states that “[t]he wrongful filing and prosecution of foreclosure proceedings which are discovered to suffer from these defects may be cause for disciplinary and other sanctions upon participating counsel.”

BANKRUPTCY COURT ACTIONS

Sadly, homeowners are put between a rock and a hard place when it comes to phony assignments.  Rather than believe the state court would entertain motions for fraud, which most homeowner litigants come running into court screaming, they think that filing bankruptcy will stop their foreclosure.  One thing is for certain, whether the homeowner wins or not, bankruptcy court judges especially do NOT like to be lied to or have facts that are fraudulent or misleading proffered into evidence, as you shall see below in three different cases.

In re Taylor_US Bkpt Ct E.D. Penn No 07-15385-DWS (Apr 15, 2009)

This Pennsylvania bankruptcy case revealed that Fidelity (LPS) had (at that time) 39 of the 50 major banking institutions’ business in formulating documents for bringing foreclosures against homeowners (and just when you thought title companies only handled closings).  Further, the Udren Law Firm got whacked for sanctions under Rule 9011 for attempting to “hide behind” LPS’s NewTrak computer system in processing HSBC’s proof of claim.  While this is a rather lengthy opinion, the conclusion is clear!

In Re Tarantola, US Bkpt Ct D. Ariz No 4-09-bk-09703 (Jul 29, 2010)

If anything can be more blatant, Judge Eileen Hollowell is not one to f**k with.  In one of several Memorandum Decisions, this case really “takes the cake” in the “movant filed its motion without evidentiary support of its claims, attempted to create such evidentiary support after the fact, and only disclosed its “real” evidence on the day of the final evidentiary hearing.” (Relief from stay DENIED!)  My understanding is that the court was packed with attorneys who got to witness Deutsche Bank’s counsel literally attempt to backpedal when cornered.  The judge had the goods on them (and their lawyers)!   I’m surprised that “the system of things” didn’t go further than it did and take them out of practice permanently.  Sadly, McCarthy-Holthus (or some form of them) still exists; however, Brice, Vander Linden * Wernick, PC dissolved right after they became aware of their repeated “mentions” for illicit behavior in the Williamson County Real Property Records Audit in January of 2013.  None of these attorneys were ever brought up on charges before their respective state bars and their E & O insurance policies still apparently exist.  In my book, Judge Hollowell was being too kind.

In re Wilson_Show Cause Order, US Bkpt Ct E.D. La. No 11862 (Apr 4, 2012)

IN RE WILSON_LOUISIANA BK13_MOTION FOR SANCTIONS

Again, in the foregoing case, Fidelity and the Boles Law Firm got waylaid by Judge Elizabeth Magner, who tagged Wells Fargo Bank with a $1.3-million sanction (because the loss of money is the only thing that seems to get a bank’s attention).  This case also illustrates how the major title companies are no friend of the homeowner.  Title companies have to answer to state authorities (State Insurance Commissioners) too!  Do you see where “the system of things” is going with this?

I realize I’m giving you a lot of reading to do in the foregoing scenarios … but I’m trying to illustrate how “the system of things” is supposed to work when the bank, through its attorneys, rely on phony documents that are manufactured to create standing to steal a home.

FORECLOSURE DEFENSE ATTORNEYS ARE SCARED OF THE JUDGE!  BOO!  (… and the attorney shits his shorts!) 

I wrote in the 40-page piece (in which the expert witness attorney concurred) that foreclosure defense attorneys face a real dilemma.  Like many foreclosure mill attorneys, they all have student loan debt into the tens, maybe even hundreds of thousands of dollars.  They got a 4-year degree in addition to 3+ years of law school, had to study and then sit for the state bar exam and face moral turpitude scrutiny in order to get a license to practice law from the state (what the state giveth, the state can taketh away)!

It’s no wonder they’re all scared.  They don’t want to face sanctions.  They want to be a friend to everybody, including the other side’s lawyers that are trying to steal their clients’ homes.  No attorney has the set of cajones to stand up to these shysters unless they have a snoot-full of evidence that can conclusively prove that the other side has come to court with unclean hands.  Which brings me to the HSBC v. Buset case:

HSBC Bank USA NA v Buset_Final Order Granting Mtn for Involuntary Dismis…

HSBC Bank USA NA et al v Buset et al, 3D16-1383 (Feb 7, 2018)

Sadly, Florida’s 3rd DCA reversed Judge Butchko’s ruling, to which Buset’s attorney, Bruce Jacobs told me, “This is war!”  (in other words, “this ain’t over yet”).

Part of the problem might be that the expert witness in this case was NOT an attorney with the capability of reporting the fraudulent and misrepresentative assignments to the Florida Bar.  Attacking an appellate court is virtually unheard of … that is, until we find out who cuts their paychecks and who bonds them.  Every judge is supposed to be bonded, even the senior “fossils” brought out of mothballs that have no problem throwing homeowners out of their homes because they can, without retribution (or so they think).  If the judge commits an illegal act, not only can he be removed from the bench, the county he serves as a judicial officer in can be held liable in certain cases!

We are not asking the homeowner’s attorney to stand up and be counted (challenging the other side’s credibility, screaming “fraud on the court”, etc.).  We let the expert witness attorney do that.  The bank’s lawyer has every opportunity to recant his testimony in both his pleadings and in his oral statements.  If he refuses to do so, then he can pay the price.  We just want the homeowner’s attorney to get the expert witness attorney on the stand and ask him a series of questions.  In other words, we just want the attorney for the homeowner to do his job!

In previous posts of this nature, we talked about the insurance factor.  The direct frauds promulgated by these law firms could have resulted in attacks against their E & O policies, but didn’t.  Any judge who didn’t do the right thing in running a proper tribunal could have faced a judicial review board and lost his bond because it would have been “attacked” and challenged as well.  If a law firm doesn’t get payment for legal fees when its lawyers face the music before their respective bar disciplinary panels, then they have to come up with that money out of their own pockets, which while not being a benefit to the homeowner, it is a bitter detriment to the lawyer, who now has to think about how he’s going to pay off that big student loan debt he’s got in addition to $10-$20K in legal fees incurred as the result of his disciplinary proceeding!

The judge who can’t “do the right thing” represents the county government’s judicial process and has the privilege of sovereign immunity, UNLESS he condones felony behavior in his court.  Then his sovereign immunity can not only be at risk, the county’s general treasury may be raided to pay for the damage he caused!  How’s THAT for justice!

But wait, there’s more … stay tuned!

 

 

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UPDATE FROM MIAMI: TWO DITECH ATTORNEYS AND THEIR SCUMBAG WITNESS WON’T FACE THE MUSIC AFTER ALL!

(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?  

Green Tree Svcg LLC v Marin et al_Order Staying Indirect Criminal Contempt (Dec 14, 2017)

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:

OSCEOLA COUNTY FORENSIC EXAMINATION

Happy Holidays from Clouded Titles Blog!

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