Mother Jones has the must-read of the week: A superb investigation by Andy Kroll into one of the nation’s biggest foreclosure mills.
We’ve got backdated documents, pre-dated documents, doctored documents, lawyers forced to sign docs without reading them, gouging, railroaded consumers, sexual harrassment, securities fraud suits, and big corporate patrons like Citigroup, Bank of America, and Countrywide. And get this: even fire-code violations!
These are all the old predatory lending practices Dean Starkman spelled out in “Boiler Room.” This could be a companion piece to that one. Call it “Sweatshop.” And this time they’re being used to take houses away.
Organizations, very much including corporations, reflect the culture at the top, and this one looks like a textbook case. Stern has been cited for professional misconduct by the state and paid a $2 million settlement. He’s settled a sexual-harrassment lawsuit and is called a “pig” by former employees. He lives a lavish lifestyle:
His $15 million, 16,000-square-foot mansion occupies a corner lot in a private island community on the Atlantic Intracoastal Waterway. It is featured on a water-taxi tour of the area’s grandest estates, along with the abodes of Jay Leno and billionaire Blockbuster founder Wayne Huizenga, as well as the former residence of Desi Arnaz and Lucille Ball. (Last year, Stern snapped up his next-door neighbor’s property for $8 million and tore down the house to make way for a tennis court.) Docked outside is Misunderstood, Stern’s 130-foot, jet-propelled Mangusta yacht—a $20 million-plus replacement for his previous 108-foot Mangusta. He also owns four Ferraris, four Porsches, two Mercedes-Benzes, and a Bugatti—a high-end Italian brand with models costing north of $1 million a pop.
And he has a “let them eat cake” attitude to all the poor folks on whose misery he makes his bread:
In a March speech to prospective investors, he made note of the administration’s embattled $75 billion homeowner-relief program. “Fortunately, it is failing,” he said.
Last year his firm did more than 70,000 foreclosures.
But of course, it’s the system that enables an individual culture within it to run amok, and MoJo explains that the current one is set up for corruption and nontransparency. It reports on the foreclosure courts that run through cases in twenty seconds apiece and the handful of judges who are raising questions about the propriety of all the cases filed by foreclosure mills. And it’s clear that, although Stern’s firm (publicy traded by the way) may be an egregious case, it’s far from alone.
In 2006, for instance, a federal bankruptcy judge blasted New Jersey law firm Shapiro & Diaz for filing 250 home-seizure motions presigned by an employee who had left the firm more than a year earlier. Calling it “the blithe implementation of a renegade practice,” the judge slapped Shapiro & Diaz with $125,000 in fines. The following year, a federal judge in Texas fined Barrett Burke Wilson Castle Daffin & Frappier—a powerful foreclosure firm—$65,000 for filing computer-generated documents the judge called “grossly erroneous” and “gibberish.” Likewise, Wells Fargo was fined $95,000 thanks to shoddy paperwork by Florida Default Law Group—a Wells contractor that clearly believed, according to the judge, that “filing any old pleading without undertaking any investigation into its accuracy is perfectly acceptable practice.” (In April, the state attorney general’s office began probing Florida Default for allegedly “fabricating and/or presenting false and misleading documents in foreclosure cases.”)
And then there’s Fannie and Freddie, the hybrid private company/public-backed Frankensteins, who we’re told named Stern their Attorney of the Year twice (insert lawyer joke here), and who Kroll reports are responsible for setting up the system. That’s a good area for further reporting.
This is a great piece of muckracking journalism.
Andy Kroll's story is a great piece of investigative
journalism by an excellent reporter. As Ryan says: a must-read.
#1 Posted by michaelwhudson, CJR on Sat 7 Aug 2010 at 04:43 AM
CASE IN POINT: FORECLOSURE MILLS, JUDICIAL FRAUD, CONSUMER EXPLOITATION, GOVERNMENT SHAMS (an abstract)
Unscrupulous foreclosure mill activities are more criminally exploitive than what becomes reported –and NOT only in Florida. Appalling collection abuses have resulted in mill lawyers (or their affiliates) obtaining ownership of fraudulently foreclosed properties via purported bids at “simulated” auctions. Certain fraudulently auctioned properties become “flipped” illegally to Freddie Mac. Some mill lawyers file into court records fee-making pleadings (summary judgments, etc) when Freddie Mac is not party to cases, and they bill $$$$ fees pretending to represent Freddie Mac. As manifest throughout this website, mills have cooperation and applause of federal and state court systems.
Also, through falsified Bankruptcy Court pleadings, some foreclosure mill lawyers wrongfully, illegally impede homeowners’ entitlement to restructure debts, and impede discovery of the actual owners of mortgage notes. Such lawyers file falsified bankruptcy “Lift Stay” motions in names of either defunct lenders or lenders with no ownership of property notes. To the contrary, bankruptcy “lift stays” should not be granted where there is no “standing” since “ranking” and “secured debt” factors come into play. False bankruptcy pleadings not only help accomplish illegal repossession property, any other creditors whom debtors owe, becomes deprived wrongfully of entitled shares of proceeds from those auction frauds; and ILLEGITIMATE “deficiency judgments” ; and third party debt-buyers seeking money after unfairly low bids resulted in large debt balances are also problems.
Plus, foreclosure mills work in concert with Wells Fargo. Among other things, Wells Fargo has tax advantage from fraudulent foreclosure proceedings after placing distressed homeowners’ names / social security numbers on false IRS (acquisition) form 1099-A’s, even when no lawful “acquisition” of properties occurred; such homeowners wrongfully become forced to explain these turn of events to the IRS after surprise receipts of tax bills.
People think that people who can no longer afford their mortgage should pack up and move out ignore that it is unjust to render people homeless by use of intentional, dishonest, illegal foreclosure proceedings. Foreclosure mill illegalities like David J. Stern’s actually accounts for “illegal foreclosures” and “Tent Cities” which could be Anyplace, USA. Consider: Former homeowners Lawrence and Linda Elin, gave up their home after becoming victims of Bernie Madoff. (Former Wells Fargo executive Cheronda Guyton held parties after the Elins moved out; and astonishingly, “Collin Equities” permitted Guyton personal, free access to that home. A foreclosure auction had not occurred which made “Collin” proprietor of property that supposedly ‘went back’ to Wells Fargo (how did Collin get it?) The point being, it is possible that the Elins unwittingly aided a foreclosure fraud which displaced them –people unknowingly do it all the time! These situations are salient reasons why foreclosure fraud (on farmers, businesses, as well as residences) MUST be investigated; it can cripple peoples’ abilities to move forward with their lives for a very long time –and the cloaked perpetrators are often millionaires; those perpetrators are as bad as, or worse than Bernie Madoff.
Because it is imperative to expose the variations of noxious foreclosure shams; and I have been offering / pleading that My True Story (with Prima Facie proof!) be used in Case Study about deceptive foreclosures and judicial biases. I have not relished all my personal costs in almost 5 years of trying to tell the story (my own, as well as others) of how the judicial system is being utilized by the banking industry (knowingly and unknowingly, because sometimes the lenders don’t know the foreclosure mills are handing them dirty titles) to deva
#2 Posted by lawgrace, CJR on Mon 16 Aug 2010 at 06:06 PM
You know, it's too bad users can't do follow ups on stories like this.
Here's one, for instance, on Freddy and Fannie and their relationship with Davey Stern:
http://www.washingtonpost.com/wp-dyn/content/article/2010/12/22/AR2010122205828.html
#3 Posted by Thimbles, CJR on Sat 1 Jan 2011 at 10:23 PM