Posted by Hugh Nations Signing Agents of Austin on 9/5/10 5:41pm
Msg #351645

Florida's new foreclosure courts...

...are creating their own problems. Interesting story from the NYTimes. Attorney David J. Stern, he of the notorious office notary from earlier postings herein, is included. Seems he considered naming his new yacht "Su Casa Es Mi Casa (Your House Is My House, a corruption of a traditional Spanish welcome). Nice guy. Appears to be a confirmation of every negative impression anybody ever had of a lawyer.

http://www.nytimes.com/2010/09/05/business/05house.html?pagewanted=1&th&emc=th

Reply by desktopfull on 9/5/10 6:52pm
Msg #351653

Very familiar with David Stern and the state is going after several of the notaries in the firm and associates for falsifying documents. 9 years ago I used to attend the foreclosure sales in Seminole County for Stern.

Reply by MonicaFL on 9/6/10 6:51am
Msg #351683

Very interesting article especially since Shapiro & Fishmann were shown as one of the three firms being investigated by the AG/s office. Shapiro and Fishmann are the attorneys who are handling a foreclosure on a piece of property I USED to own. Their investigative paralegal called me and wanted me to sign a POA "just in case this goes all the way thru foreclosure". We had quite a discussion about all of this and the paralegal told me flat out that I just didn't understand but when I told him that I had been a paralegal for almost 35 years - he then stated that "maybe I should speak with one of the attorneys". I told him to have one call me. Guess what - no response whatsoever and they were supposed to send me a POA and I never received that one either. And so the saga goes on and on and on.

Reply by Linda_H/FL on 9/6/10 7:46am
Msg #351686

Like heck I'd give them a POA...

I'd give them all the supporting documentation of the sale I had (copies of course), or refer them to my attorney for the closing or the title company who handled it, but no way would they get a POA...talk about red flag warning!!

Good on you Monica!!

Reply by MonicaFL on 9/6/10 11:06am
Msg #351696

Re: Like heck I'd give them a POA...

Actually I have finally been able to get a hold of Stewart Guarantee Company who was "appointed" to take over when the other title company - Stewart River City Title" faltered and closed their doors. I have been talking with their legal department and trying to find out why, when I paid for a service from a Title Company, did the title company not fulfill that part of the service - I just want my name removed from the VINS and the lien taken off and my credit remain in good standing. Otherwise, I guess I will have to sue which is okay because I know how to do that too (being as I was in the legal field for so long and still have the "right" connections.

Reply by Stoli on 9/6/10 1:33pm
Msg #351704

Monica, will you explain this a little further?

".....find out why, when I paid for a service from a Title Company, did the title company not fulfill that part of the service..."

I'm not familiar with the process, and this is an opportunity to gain some information. What is the service that should have been provided, and what is their obligation?

Thanks.

Reply by Linda_H/FL on 9/6/10 3:22pm
Msg #351714

Re: Monica, will you explain this a little further?...Stoli

Monica sold property - what sounds like a piece of land with a mobile home on it - here in FL the Seller chooses the title company - they did not record the proper paperwork to remove her name from the mobile home (considered a motor vehicle with a Vehicle Identification Number). From what I can gather that property, under new ownership, is now in foreclosure and Monica's credit is going to take a dive if it's not straightened out ...

Still wouldn't give them POA....agree to cooperate yes; provide supporting paperwork, yes; POA...NWIH

Reply by MonicaFL on 9/6/10 9:06pm
Msg #351723

Re: Monica, will you explain this a little further?

The title company does a search on properties to make sure there are no hidden judgments or liens on the property. If there is, it is considered a "cloud" and must be cleared up before a transfer of property can take place. In my instance, I sold the property and the title company issued a check to the party who was holding the lien for me - and the title company should have recorded the fact that the lien was paid off - but it is still showing in the tax collector's office that I and the registered owner of the mobile home and that there is a lienholder on it. They did not clear the title nor did they transfer the ownership.

Reply by MonicaFL on 9/6/10 9:12pm
Msg #351724

Also

The investigative paralegal who contacted me told me I was going to get a POA to sign "just in case this goes all the way to foreclosure" and if I had any questions, then I could call the attorney. Well, I have never received such paperwork and If I do, I will submit it to the Court (not signed of course) because I believe they are doing this illegally - but, not being an attorney, etc. etc. etc. JMHO
By the way, the party who purchased the property from me died in February 2010 and I guess her kids feel that since she didn't actually "own" the mobile home (my name is still on the titles to the double wide) why should they pay for it? That is just a feeling I have about this - I have no way to contact them - and I have tried to find out where they are but no luck.