Posted by Marian_in_CA on 4/21/10 4:15pm
Msg #332758

Backdating Makes the News -- New types of mortgage fraud

While I know that most of us clearly get this... I think it's worth pointing out.



http://www2.tbo.com/content/2010/apr/20/foreclosure-firms-revenues-jump-260-million/


At the end...

====================
"Last week, The Wall Street Journal wrote about Lynn Tepper, a circuit court judge in Pasco County who accused the Law Offices of David J. Stern and a banking client of submitting a fraudulent document.

According to the article, the judge found Stern's office presented a mortgage document with a falsified notary stamp. In an interview with The Tampa Tribune Monday, Tepper said it appeared the document had been backdated in order to give a bank legal standing to foreclose on a home.

Forrest McSurdy, the in-house legal counsel for Stern's law practice, told the Tribune it was not intentional.

"Really it was a mistake by the notary and it was something that was not caught at the time of the hearing," McSurdy said.

Tepper believes otherwise.

"This isn't a clerical error," the judge said. "It wasn't a mistake. A notary isn't supposed to notarize that someone swore an instrument in front of them if, in fact, they didn't sign it in front of them."
=======================

I'm with the judge --- backdating isn't a clerical error or an mistake t -- it's an outright fraudulent act.

Reply by Notarysigner on 4/21/10 4:17pm
Msg #332761

Good example, with reason for do so, thanks.

Reply by Linda_H/FL on 4/21/10 4:29pm
Msg #332763

I'd like to try to tell you how much work Stern's

office does here in FL in foreclosures. The last two REO signings I had at the bank were from Stern's Office - took well over 60 days to get paid on them.

Reply by Sylvia_FL on 4/21/10 5:15pm
Msg #332780

Re: I'd like to try to tell you how much work Stern's

this makes interesting reading:

http://pibillwarner.wordpress.com/2009/04/07/law-office-of-david-j-stern-mistakenly-files-foreclosure-on-florida-family-includes-federal-tax-lien-of-another-man-serves-us-attorney-how-stupid/

Reply by Robert/FL on 4/21/10 6:05pm
Msg #332796

I <3 Judge Tepper... She doesn't take anybody's crap! n/m

Reply by Linda_H/FL on 4/21/10 6:10pm
Msg #332798

This is great....$260m in revenues

and they take forever to pay the people who do the work for them...<<mutter>>

Reply by PAW on 4/21/10 8:31pm
Msg #332832

Another angle, same case

FLORIDA COURT DISMISSES COMPLAINT FILED BY LAW OFFICES OF DAVID J. STERN, P.A. WITH PREJUDICE FOR FRAUD UPON THE COURT AND AWARDS BORROWER ATTORNEYS’ FEES AND COSTS

http://foreclosuredefensenationwide.com/?p=229

Reply by Robert/FL on 4/22/10 6:18am
Msg #332851

Judge Tepper is really a good judge. I've managed a lot of cases that went before Tepper and I think she is very fair in her rulings, although some of the attorney's get frustrated with her because she doesn't buy into the "attorney games" that they love to play.

However, backdating *can* be a clerical error. I can think of one instance where I accidentally backdated a document by one day - I even had the affiant sign my journal and I wrote the wrong date in my journal as well. After realizing the mistake a few minutes later, I had the client bring the document back in, shredded it and executed another one.

But - in probably 95% of cases - this backdating is intentional. Especially with these big banks, etc., they don't care about notaries or their laws - they just want a stamp somewhere on there and they want to pick the date. I know that the notaries working in title agencies backdate all the time to get the job done. This all goes back to application procedures. The State should NOT accept every person who applies to become a notary, and I would rather see an education system like California's, but more strict, and none of this "take exam same day".

Process servers in my judicial circuit have to take a 35 hour class at a local community college followed by a rigorous exam. Their duties are not much more complex than a notary's. IMO notaries should have to undergo the same type of training.

Reply by PAW on 4/22/10 9:30am
Msg #332856

>> Process servers in my judicial circuit have to take a 35 hour class at a local community college <<

I think you are mistaken on the class (training) being a requirement. (Recommended, but not required.) From what was provided to me was the following requirements:

Qualifications - You must:
-- Be at least 18 years of age.
-- Have no mental or legal disability.
-- Be a permanent resident of the Florida.
-- File a certificate of good conduct (included in the application materials), certifying that there is no pending criminal case against you, that there is no record of any felony conviction against you, and that there is no record of a conviction of a misdemeanor involving moral turpitude or dishonesty within the past five years.
-- Pass a background investigation including a review of your criminal record, should one exist.
-- Pass the Certified Civil Process Servers examination. Fee for the exam is $250.
-- Take the Oath of Office administered by a sitting judge.
-- Purchase and renew a $5,000 performance bond each year.

Correct me if I'm wrong, but my understanding is that in Florida, process servers are appointed by the county sheriff and the appointment is only valid in the county of appointment. (FS §48.021(3)) To fully serve in multiple counties would require multiple appointments by the respective sheriff.

Reply by Robert/FL on 4/22/10 11:57am
Msg #332864

No - I'm positive, because a co-worker and I were going to apply. Sheriff's have the authority to appoint process servers but in Hillsborough County they do not - all process servers in Hillsborough are appointed by the Circuit Court, and they require a course.

Reply by Cambeth/FL on 4/22/10 12:26pm
Msg #332866

Per a local Circuit Judge, the Sheriff may appoint any Sheriff employee covered under the Sheriff's office bond as a server. Those not Sheriff employee's must pass the annual exam and be appointed by the Circuit.

Reply by PAW on 4/22/10 2:14pm
Msg #332880

This is contrary to FS 48.011 and 48.021. But that's a discussion for another forum.

Reply by Robert/FL on 4/22/10 2:46pm
Msg #332882

The statutes also provide that process servers are only required to hold $5,000 bond. Hillsborough County (13th Judicial Circuit) requires liability insurance of $100,000/$300,000. That is what kept my co-worker and I from doing it... the insurance would have been easily $750/yr

Reply by PAW on 4/22/10 5:23pm
Msg #332925

The statutes provide a minimum requirement. It also allows the county to add additional requirements, like increased bonds.