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They dont care that the Countrywides of the world pushed borrowers who qualified for safer fixed-income loans into far more dangerous adjustable-rate loans, because their brokers got bigger commissions for doing so. The meat of the foreclosure crisis is the unopposed cases; thats where the banks make their money. Yet her treatment of some individuals in divorce and child-custody matters, especially those representing themselves, raises concerns about Gundersens understanding of and respect for due process and simple fairness. In it, youll see they handed out monetary awards to Law firms for the highest number of foreclosures and BK cases.. in the millions of dollars. The evidence: Theyre entitled to only 30 days to move out of foreclosed properties, but Gundersen has a policy of giving them 60 days. But when she tried to get a modification on the loan, the banks offer was not helpful. Incumbency is powerful, but it leaves a paper trail. The trouble is, the bank bought the loan from Wachovia a bank that went out of business in 2008. Then he closes the files and puts an end to the process by putting his official stamp on each foreclosure with an authoritative finality: Each one of those kerchunks means another family on the street. The loan was not only late, it was already in foreclosure which means that, by definition, whoever the investors were in AE 2005-HE5 were getting shafted. Site Map, Advertise| Former Florida Foreclosure Defense Lawyer Indicted, Operation Whiteout: Lyin Senior Judge Kenneth Magic Marra Tosses CFPB Claims, Florida Insurance Defense Lawyer Curtis Lee Allen Faces Ethics Complaint Filed by the Florida Bar, Copyright 2020-2023 LawsInFlorida.com is an online brand name which is wholly owned by Blogger Inc., a nonprofit 501(c)(3) registered in Delaware | Caricatures by DonkeyHotey, CLICK HERE TO SUBSCRIBE IN LESS THAN 10 SECONDS. Find contact information, experience, peer reviews, directions, and more at Martindale.com. Released in May, the report got scant attention until Miami-Dade Circuit Judge Beatrice Butchko took the dramatic step of holding Bank of America, the Bank of New York Mellon and their lawyer in contempt for failing to answer questions about possible fraud in a foreclosure case. Readers should bear these factors in mind when considering such statements and should not place undue reliance on such statements. A sizable campaign contribution goes a LONG WAY in getting a favorable outcome in civil litigation! I have a crooked Judge on the take that doesn`t know the law or just likes to play stupid! Gundersen said the criminal case covered that incident and the other threats were too remote in time or did not show the wife was in imminent danger, as required to justify the injunction. The dates arent the only thing screwy about the new documents submitted by Bank of New York. For his work on behalf of the dispossessed, Kowalski was recently profiled in a preposterous Wall Street Journal article that blamed attorneys like him for causing the foreclosure mess with their nuisance defense claims. Among her dozen biggest, $1,000 contributors, none is a borrower lawyer. Lauren Alperstein, a family law attorney at Boies Schiller Flexner, will take on incumbent Broward Circuit Judge Andrea Gundersen in the primary elections this August. Because if you see one of these scams, you see them all. Looks like the scales on Lady Justice might seem level, but our justice system isnt! They actually tell people to stop paying their bills for three months, says Parker. One more important point, I am proudly part of BREC as a Committeewoman and Endorsed LAUREN ALPERSTEIN, who successfully beat disgraced Andrea Ruth Gundersen removing her from the Bench! It was in the bankers interest, as well as yours, to make a modified payment schedule. Find me. Dan Christensen Think about what that would do to Bank of Americas bottom line the next time you wonder why theyre trying so hard to rush these loans into someone elses hands. Watching Judge Soud plow through each foreclosure reminds me of the scene in Fargo where the villain played by Swedish character actor Peter Stormare pushes his victims leg through a wood chipper with that trademark bored look on his face. She didnt even give me a chance to speak. When the number history notes that the homeowner has missed three payments in a row, it has no way of knowing that the homeowner was given permission to stop making payments. reviewed several hundred foreclosure complaints, fraudulent rubber-stamped blank endorsements, https://lawsintexas.com/wp-content/uploads/2020/02/erie_guess.mp4, https://lawsintexas.com/wp-content/uploads/2020/06/cip_cfpb_branch-1.mp4. Only two of Gundersens Fourth District reversals involve foreclosure cases. And guess who she sided with, the plaintiff. But instead of offering loan modification, the banks lawyers are in their fourth year of doggedly beating her brains out over minor technicalities in the foreclosure process. When you fall behind, your bank falls behind, too. In other words, the bank foreclosed on Cooper three months before it obtained her mortgage from a nonexistent company. When judges behave unconstitutionally they aint judges McAllister. In foreclosure with servicer Citimortgage since 2009 that they caused with you can get harp mod from 7% to 2.25% need to be 3months behind.3 attorneys,bankruptcy.Now sale date Feb 1..they saidthey lost note ;they never had it..sent to new servicer after gettng caught for fraudand more now servicer using same fraud to auction off.Attorneys did not do what they should have now courts say past statue of limitations. Join Daily Business Review now! Dan Christensen Weve got to get her off the bench. Controversy surrounds Seminole tribe chairman Osceola as corruption allegations linger Judge wont force DeSantis to explain why he thinks hes Ex-FBI agents accuse top CIA, FBI officials of 9/11 coverup; State Sen. Jason Pizzo temporarily cancels state audit of North Miami Beach amid racial tensions, Floridas pick-a-justice show is experiencing technical difficulties no one saw coming. In Dade county, final judgements are not allowed. Discover the most beautiful places, download GPS tracks and follow the top routes itinerary on a map. P.O. Or sometimes, the banks didnt even have all the loans they said they had. Angione said she hasnt seen Gundersen, a judge of honor and integrity, favor lenders. Because the documents represent a death sentence for them. 2017. What he discovered was that the official who had sworn to having personal knowledge of the case was, in fact, just a robo-signer who had signed off on the file without knowing anything about the actual homeowner or his payment history. LT: FMCE 11007595 (41) , APPEAL CASE: 4D12-2599. At the head of a modest conference table this morning sits Judge Soud, a small and fussy-looking man who reminds me vaguely of the actor Ben Gazzara. To view this content, please continue to their sites. Jamie Dimon, the CEO of JP Morgan, is even more succinct in dismissing the struggling homeowners that he and the other megabanks scammed before tossing out into the street. The land has been in my family for four generations, she tells me later. The bank, in other words, is trying to push through a completely new set of documents in its attempts to foreclose on Kowalskis clients. (I disqualified two other Judges in prior hearings for prejudice and bias). The Law Office of Andrea I. Gunderson. I was evicted in the most terrific and traumatic way. Stop the Harassment, August 2022 List of Thievin and Lyin Attorneys In the State of Florida, Florida Clerks Want to Stop Property Deed Scammers, Unlike Texas Where the Judiciary are the Scammers, The Eleventh Circuit Issues Another Glossed Opinion to Dismiss a Pro Se Lawyers Appeal, Them Versus Us. Federal Courts are protecting OneWest and Wall St Banks by attempting to steal the elder Burkes Home. Watch the movie The Big Short to get the flavor of what happened in 2008. A recent divorcee delinquent in her payments, she has come to court today fully expecting to be foreclosed on by Wells Fargo. In many cases, banks like JP Morgan are merely the servicers of all these home loans, charged with collecting your money every month and paying every penny of it into the trust, which is the real owner of your mortgage. They seemed to have grasped just two things about the crisis: One, a lot of people are getting their houses foreclosed on. Mechanized misery and brainless bureaucracy on the one hand, cash for the banks on the other. These arent judges. Fucked-up as everyone knows the state of Florida is, it couldnt be that bad. Floridian for Honest Lending is a project of Opportunity For All Floridians, a 501c4 non-profit organization. They put their foot on the foreclosure gas pedal and stepped up the effort to kick people out of their homes as fast as possible, before the world caught on to how these loans were made in the first place. The Broward County Courthouse is a rigged system with mostly Senior Judges put in place as agents for the bank. Leonard now has a job and could make some kind of reduced payment. She would not discuss the FHL report, except to imply that a different judge made some of the rulings ascribed to Gundersen. In order to mount an appeal, a borrower must put up a bond that is supposed to protect the lenders interest in the house until the appellate court rules. At worst, these ordinary homeowners were stupid or uninformed while the banks that lent them the money are guilty of committing a baldfaced crime on a grand scale. Worse, about an hour later, April Charney, the lawyer who accompanied me to court, receives an e-mail from the judge actually threatening her with contempt for bringing a stranger to his court. Broward Circuit Judge Andrea Gundersen, who runs the courts foreclosure docket, often rules for banks and against homeowners even when the banks use sketchy documents, a consumer watchdog charges in a recent report. The monster in the foreclosure crisis has no face and no brain. It has been 16 years of nightmares and uncertainty. It exists to launder the crime and bury the evidence by speeding thousands of fraudulent and predatory loans to the ends of their life cycles, so that the houses attached to them can be sold again with clean paperwork. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); If you believe in the value of watchdog journalism please make your tax-deductible contribution today. Jacobs conduct violated not only the Rules Regulating the Florida Bar and the Rules of Appellate Procedure, but the most elementary norms of civility and professionalism. She was reassigned from Family Court and does not have prior experience in foreclosure litigation. Whos next? Judge Soud says. $31,907 Total Contributions. Americans Against Foreclosures ( AAF ) applauds the wise decision of Homeowners in Florida to remove this Judge from the bench. Liberty is one of the nations largest reverse mortgage lenders dedicated to education and providing loans that help customers meet their personal and financial needs. If the court finds for the defendant, the plaintiffs just refile, says Parker, the local attorney. We believe that our system will only work with transparency, honesty, and accountability. She held an Emergency In Person Hearing to Evict me from my home over the 4th of July weekend via ZOOM and WITHOUT ME, needless to say, she denied my request. Thank you for this well-researched and written report and for amplifying the issues!!! dchristensen@floridabulldog.org The underlying crime is so pervasive, we simply cant admit to it and so we are working feverishly to rubber-stamp the problem away, in sordid little backrooms in cities like Jacksonville, behind doors that shouldnt be, but often are, closed. But the very first case I see in his court is riddled with fraud. For questions call 1-877-256-2472 or contact us at [emailprotected], Jill Beck Runs for Pennsylvania Superior Court, Judge Matthew Wolf Runs for Commonwealth Court, Longtime Paul Hastings CFO Departs Following Wave of Exits, Judge Rejects Motion by Trump Lawyers for Mistrial in Civil Rape Case, Bryan Neft Runs for the Commonwealth Court. I want it to go public and to the media. And this time, somehow, the note has the proper stamps. Unfortunately, the banks reckless greed left millions of properties with mortgages and promissory notes corrupted and the chain of title on those properties broken, putting trial court judges in an uncomfortable position of either taking the banking industry to task for these forged documents or kicking a family out of their home. In the old days, when you took out a mortgage, it was probably through a local bank or a credit union, and whoever gave you your loan held on to it for life. But the banks get to keep filing their foreclosures over and over again, no matter how atrocious and deceitful their paperwork is. (Well, more than two, actually, but lets just stick to the two big ones.). Nothing to report of material concern. The clients have referred Judge Gundersen to the Judicial Qualifications Commission asking that she be removed from the bench. While the bank may call it confession of error But in Paragraph 3 of the same complaint, the bank reported that the note was lost or destroyed, while in Paragraph 4 it attests that plaintiff cannot reasonably obtain possession of the promissory note because its whereabouts cannot be determined.. But according to the same documents, JP Morgan didnt even receive the mortgage from Novastar until February 2nd, 2009 two months after it had supposedly passed the note along to Bank of New York. Record your own trail from the Wikiloc app, upload the route and share it with the community. Please ACT NOW. Indymac Liar Loans An audit found 87% fraudulent. In Coopers case, the document with Kennertys signature on it places the date on which Wells Fargo obtained the mortgage as May 5th, 2010. Instead, Soud gives Kessler 25 days to come up with better paperwork. says Kowalski. If you lost your job or got too sick to work and suddenly had trouble making your payments, you could call a human being and work things out. School Superintendent Who Criticized DeSantis Could Lose Job, University Diversity, Immigration, Abortion Targeted in Florida Bills, 'It Was Every Lawyers Nightmare': Florida Attorney Faces $2.3M Verdict Against Him, City-Government Run Amok: Story Nightclub Sues City of Miami Beach, Law Firm Leadership's Guide to Strategic Implementation of GPT-4, Law.com Editors and Analysts Offer Top Trends to Watch for 2023, State of the Industry: What a Difference a Year Makes, Consulting Women Leaders in Technology 2023, COMMERCIAL FINANCE ATTORNEY - CT OFFICES; REMOTE will be considered. Angione was disappointed that borrowers and their lawyers wrongly target Gundersen, but said she understands the impulse. They made a bet on it and then they realized they made a bad bet, but it was a whole lot of money, she said. The Corporate Hose attacks foreclosure defence so the homeowner has no representation to protect their property up against the corporate beast. In some cases, a homeowner contacts the bank to say that hes having trouble paying his bill, and the bank offers him loan modification. Disgraced and Disbarred: Why Are Former Judges and Lawyers Working as Mediators in Our Courts? All donations are tax deductible. Were not evicting people who deserve to stay in their house, Dimon says. Akerman lawyers were quick to note the fact that Third District judges have twice accused Jacobs of ethics violations. Due to my imminent death, being hospitalized and recuperating, they file the fraudulent petition to gain my finances. Stunned, Cooper wanders out of the courtroom looking like a person who has stepped up to the gallows expecting to be hanged, but has instead been handed a fruit basket and a new set of golf clubs. Its meEdward Crespo, the pro se litigant who HOLDS THE RECORD in the 17th Judicial Circuit Court for DISQUALIFYING the MOST circuit and county court judgesEIGHTso far! Ocwens staged failed settlement related to the lawsuit filed by the CFPB in 2017 against the $3 billion dollar admonished mortgage servicer. In the past, actual results have differed from those suggested by forward looking statements and this may happen again. But frequently, the loans in the trust were complete shit. FORGET NAME RECOGNTION AND SIGNS. It took days of interviews with experts before and after this hearing to make sense of this single hour of courtroom drama. Andrea 'Drea' Gunderson As it's often said, there ain't nothing to do in jail but to pass the time and often that time is passed through dramas and complications. Gundersen is the worse judge to wear the robe in Broward County since. Andrea is very knowledgeable on the law and I believe she will be a fair and impartial judge. From his point of view, it was better that you pay something than nothing at all. HSBC filed a false document to that effect, Gundersen clearly noticed the order that dismissed the surrender claim, but yet allowed the bank to continue with same argument. Wouldnt this information be great for you to have as you assign risk levels? he asked them. To get the usually intractable Judge Soud to forestall a foreclosure is considered a real victory, and I later hear Kowalski getting props and attaboys from other foreclosure lawyers. Anyone in front of Gundersen now or facing foreclosure please go to the SIGTARP website and report your issue. Add into the equation the fact that some of these big banks were simultaneously betting big money against these mortgages Goldman Sachs being the prime example and you can see that there were heavy incentives across the board to push anyone in trouble over the cliff. This rocket docket, as it is called in town, is presided over by retired judges who seem to have no clue about the insanely complex financial instruments they are ruling on securitized mortgages and labyrinthine derivative deals of a type that didnt even exist when most of them were active members of the bench. Soud sighs. . Ive got about three more, Judge, says Kessler. BTW, I WAS paying my mortgage all along, but they STILL filed to foreclose. One Jacksonville judge, the Honorable A.C. Soud, even told a local newspaper that his goal is to resolve 25 cases per hour. In 2012, findings of mortgage loan misconduct, including robo-signing, were supposedly resolved with a $25-billion settlement between the five biggest mortgage servicers and, on the other side, 49 state attorneys general and the Justice Department. And thats not even accounting for the fact that most of this credit wouldnt have been available in the first place without the Ponzi-like bubble scheme cooked up by Wall Street, about which the average homeowner knew nothing hell, even the average U.S. senator didnt know about it. Circuit COA5, incl. During that time the bankers got the Florida legislature to end the Statute of Limitations for banks which allows them to refile after losing over and over. This is an opportunity to get rid of her and vote for Lauren Melissa Alperstein. Because when the banks put these pools together, they were telling their investors that they were putting their money into tidy collections of real, performing home loans.

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