Foreclosure Defense: Process Servers Allegedly Filing False Affidavits With “Sewer Service”, Attorney General’s Office Looking Hard at Provest, David J. Stern Law Firm and Florida Default Law Group.
Wednesday, November 10, 2010
TAMPA TRIBUNE, Published: November 7, 2010….Following foreclosure moratoriums by Ally Financial, Bank of America, J.P. Morgan Chase, and PNC Bank, the settlement of deceptive marketing charges by Wells Fargo, and the Attorney General’s investigation into faulty foreclosure practices at the Florida Default Law Group, the Law Offices of David J. Stern, P.A.; the Law Offices of Marshall C. Watson, P.A.; and Shapiro & Fishman, LLP, investigators have turned up a new problem.
Process servers are now alleged to have filed false affidavits in support of personal service in foreclosure matters. Foreclosure defense attorneys claim to have documented a number of cases where process servers filed false affidavits (SEWER SERVICE). While investigating the law firms that employed “robo-signers,” state investigators are also closely examining service of process in a number of cases.
Recent foreclosure defense cases allege homeowners never received a court summons even though they still occupied their home, while others allege that process servers did not take the required steps to locate them or filed false affidavits about whom or when they delivered papers.
According to the lawsuits, some process servers violated rules related to the personal delivery of legal papers. Like robo-signing foreclosure documents without reviewing them for accuracy, a number of homeowners are now alleging they were never served with foreclosure papers.
“With the foreclosure debacle, it’s become more complicated,” says Carlos J. Reyes, a foreclosure defense attorney with the Reyes Law Group in Fort Lauderdale. “For the sake of expediency, process servers are being rushed. As they are paid by the piece, they have an interest in earning a higher income.”
(Florida) Homeowners involved in foreclosures are required to receive a summons and Foreclosure Complaint personally delivered by a process server. Repeated attempts at personal service are required before court permission can be obtained to publish a legal notice in the alternative.
Some process servers have allegedly cut corners. One recently claimed she could not find a homeowner facing foreclosure on a second home, despite conducting extensive record checks. This held true even though the foreclosure complaint clearly provided a primary home address in Connecticut.
Published May 18th, 2009….Allegations of False “Sewer Service” Filed in Foreclosure of John J. Krondes by Law Firm of David J. Stern & Provest LLC of Tampa, FBI Needs to Investigate. When are the Federal Indictments going to be handed down on these criminals!
The forever pile of complaints, lawsuits and legal malpractice cases just seems to have no end with the Law Firm of David J. Stern. The lawsuit of Connecticut man John J. Krondes filed on May 5th 2009, sheds light on a practice of falsifying “served papers” by the process servers linked to the David J. Stern Law Firm, this really puts the foreclosure complaint on a ‘Rocket Docket” with super speed to closing the case without the knowledge of the home owner.
Mr. Krondes alleges in his lawsuit that the Law Firm of David J. Stern Plantation Fl and ProVest LLC (provides service of legal process)in Tampa Fl conspired to file fraudulent documentation of untrue “Affidavits of Service” a misrepresentation that John J. Kondres had been served in the Foreclosure Complaint of the Law firm of David J. Stern with the intent to deceive and mislead the Civil Court in Port St Lucie Fl where Mr. Kondres has/had his condo.
This is not the first time I have heard of home owners in Florida becoming aware of a Foreclosure Complaint filed on their property that has already gone before the Judge, without their knowledge, and the Law firm of David J. Stern has obtained a judgment against them and their home, usually it is a condo with an out of state owner, just like Mr. Kondres’s case.
The David J. Stern law office is currently under investigation by the Florida State Attorney’s Office, the Federal Department of Justice and the Security and Exchange Commission, the Florida Default Law Group and it’s owner are also underinvestigation by Florida State Attorney’s Office.
SARASOTA HERLAD TRIBUNE, Lies a new tool in foreclosure, Published: Sunday, May 10, 2009. “Other false statements provided to the courts are more suspect, like the attorney for Deutsche Bank who, to avoid having to refile a case, claimed the international financial giant had changed its name to Aurora Loan Services”.
“A judge in Miami fined Wells Fargo bank $95,000 late last year because of sloppy paperwork filed by Florida Default Law Group, one of a handful of companies that handle the majority of foreclosures in the state”.
“Judge John K. Olson blasted Florida Default, saying the firm seemed to believe that “filing any old pleading without undertaking any investigation into its accuracy is perfectly acceptable practice.” Wells Fargo and the Florida Default Law Group told the judge that the mistakes were employee errors (HA, HA), and that staff at all levels were warned to be more careful. (LIARS).”
“Phone and e-mail messages left by a reporter for lender attorneys involved in those cases, including Florida Default Law Group vice-president Ronald Wolfe, were not returned”.
Bill Warner Private Investigator, SEX, CRIME, CHEATERS & TERRORISM.