Attorney General Pam Bondi Asks Fourth District Court of Appeal to Certify Important Foreclosure Investigation Case for Florida Supreme Court Review
TALLAHASSEE, FL – December 30, 2011 – (RealEstateRama) — Attorney General Pam Bondi today filed a motion asking the Fourth District Court of Appeal to certify that its recent decision in Law Offices of David Stern, P.A. v. State of Florida passes upon a question of great public importance. In Stern, the Fourth DCA held that the Attorney General’s Office lacked authority under the Florida Deceptive and Unfair Trade Practices Act (“FDUPTA”) to subpoena records of the Stern firm as part of an investigation into possible misconduct in the firm’s handling of foreclosure cases.
Applicable court rules require certification from the Fourth DCA before this office may appeal the Stern decision to the Florida Supreme Court. The Attorney General’s motion asks the Fourth DCA to certify that its decision in Stern passes upon the following question of great public importance: whether the creation of invalid assignments of mortgages by a law firm and subsequent use of such documents by the firm in foreclosure litigation on behalf of the purported assignee is an unfair and deceptive trade practice which may be the subject of an investigation by the Office of the Attorney General.
The Stern case is significant because FDUPTA is the principal enforcement tool available to the Attorney General’s Office to remedy foreclosure-related misconduct. In addition to the Stern firm, the Attorney General’s Office has six pending investigations into law firms for potential misconduct in foreclosure cases.
To read the motion, please follow this hyperlink:
Phone: (850) 245-0150
- Florida Attorney General Pam Bondi Settles Investigation Against One of Florida’s Largest Foreclosure Firms
TALLAHASSEE, FL - March 28, 2011 - (RealEstateRama) -- Today Florida Attorney General Pam Bondi announced a first-of-its-kind settlement against attorney Marshall C. Watson and his law firm, one of the largest foreclosure firms in Florida, for alleged improprieties in the prosecution of foreclosure cases throughout Florida. This settlement, which calls for a $2 million payment and imposition of certain...
- Attorney General Pam Bondi Announces Tampa Mortgage Fraud Guilty Pleas
TALLAHASSEE, FL - November 10, 2011 - (RealEstateRama) -- Attorney General Pam Bondi announced that a Tampa couple has pled guilty to a mortgage fraud racketeering conspiracy. David Barile, 44, and Melissa D. Barile, 35, both of Tampa, were involved in an $8.8 million mortgage fraud scheme prosecuted by the Office of Statewide Prosecution....
- Attorney General Alerts Consumers to Important Deadline in Chinese Drywall Litigation
TALLAHASSEE, FL - November 23, 2009 - (RealEstateRama) -- Attorney General Bill McCollum today issued a consumer advisory alerting homeowners whose homes contain allegedly defective Chinese drywall manufactured by Knauf Plasterboard (Tianjin) Co., Ltd. to an opportunity to ensure their claims against the company are preserved. Knauf is one of several Chinese drywall manufacturers accused in a private class action...
- Attorney General Bondi Warns Consumers of Home Loan Modification Scams
Tallahassee, FL - April 121, 2011 - (RealEstateRama) -- Today, Attorney General Pam Bondi filed a complaint against a home loan modification company for allegedly requiring consumers to pay an upfront fee for services. According to an investigation by the Attorney General’s Office, U.S. Mitigators, LLC, a company providing home loan modification services, was allegedly requiring consumers to pay an...
- Court Grants Emergency Request to Halt Central Florida Foreclosure Rescue Company’s Up-Front Fees
TALLAHASSEE, FL - March 30, 2009 - (RealEstateRama) — Attorney General Bill McCollum today announced that his office has obtained an emergency court order temporarily prohibiting a Central Florida company from charging up-front fees for foreclosure-related rescue services. According to the order issued by the Orange County Circuit Court, Wineberg, Lopez, & Rodriguez Company is barred from charging homeowners any...
- Attorney General Pam Bondi Announces New Procedures Banks Must Follow to Help Distressed Homeowners Seeking Relief Under National Mortgage Settlement
- Unincorporated Lake County homeowners to soon begin receiving trash, recycling carts
- North Palm Beach Law Firm Sued for Scamming Distressed Homeowners
- Disaster Assistance for Florida Reaches More than $65 Million in 60 Days
- House Speaker Will Weatherford Reappoints Chris Gardner to Citizens Property Insurance Board
- Attorney General Pam Bondi Reaches $550 Million Joint State-Federal Settlement with SunTrust to Address Mortgage Loan Origination, Servicing, and Foreclosure Abuses
- Martinez Announces First-Time Homebuyer Forum in Miami
- Attorney General Hosts Second Miami Community Forum on Housing Issues
- Martinez Hosts Homeownership Preservation Forum for Residents In Manatee & Sarasota Counties
- Attorney General, Florida Interagency Mortgage Task Force Host Broward Community Forum on Housing Issues
- Attorney General McCollum Hosts South Florida Community Forum on Housing Issue
- Florida Interagency Mortgage Task Force Hosts Community Forum on Housing Issues
- Attorney General Hosts Central Florida Community Forum on Housing Issues
- The Conference Board: Consumer Confidence Index down
- FLORIDA PARTNERSHIP RECEIVES $1,000,000 AFFORDABLE HOUSING PRESERVATION GRANT AWARD FROM THE MACARTHUR FOUNDATION
- Sinking dollar gives foreigners ‘upper hand’