Anyone familiar with Kass, Shuler, et al firm in Florida?

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Permalink Reply by KeyWestT on June 23, 2011 at 11:09am

They (and specifically Joan Wadler) are the plaintiff's attorneys in my case - but I cannot tell much about them, but they have been the counsel of record ever since my case was filed.

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Permalink Reply by joe on June 27, 2011 at 5:38pm

Paul, which county are you in?

Yes I have been noticing their name more often, ever since some of the other law firms have gotten into trouble.

I see them trying the same old tricks as all the other firms. You will find several assignments of mortgage by Joan Waddler that seem to be just as fraudulent as what's been around. They prepare documents to assign the mortgage via a supposed officer of MERS to BAC servicing co.even though there are other owners involved. Their assignments claim to assign the NOTE even though MERS is not allowed to assign notes, they send their documents to be signed by known robo-signing outfits. You will recognize their documents by the address PO Box 800 Tampa Fl

Teach yourself how to look up assignments at your county recorders office and you will find lots of dirt.

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Permalink Reply by PaulR on June 27, 2011 at 5:40pm

How do I learn to do that, Joe?  I'm pretty familiar with my county's (St. Johns) website, as I've tracked my docket progress on there, but I'm not familiar with searching assignments.

 

thanks.

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Permalink Reply by PaulR on June 27, 2011 at 5:42pm

Oh, and since so much of Stern's stuff was fraudulent, doesn't BofA really need to start me over with new docs?

 

I have noticed that their collection calls to me have increased dramatically over the past month.  I wonder if they KNOW they have a weak case, and are trying to get me to agree to a favorable (to them) loan mod, so they don't have to start over with a new action?

 

Any chance this woman doesn't even show up at my docket hearing, since she's in Tampa and i'm in NE Florida?

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Permalink Reply by joe on June 28, 2011 at 1:02pm

They can't replace the fraudulent stuff because you can use it as evidence that they conceded it was bad. Besides, what are they going to replace it with, more fraudulent stuff?

Their only hope is that you do not point it out to the judge in an effective manner.

BTW don't bank on them not sending a representative to your first hearing. They will definitely do that! That's how they win millions of cases by just showing up and hoping nobody challenges them.

If you can get the judge to turn it into an evidentiary hearing, you have a good chance they will not show up after that.

You have to go very well prepared though, because you will be facing a skeptic judge.

Don't think that by just pointing out to the judge that in your opinion the documents are fake, you will win the case.

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Permalink Reply by PaulR on June 28, 2011 at 1:05pm

So far, I haven't been able to find the signatures on my docs on any of the known robo-signer lists, unfortunately.

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Permalink Reply by joe on June 27, 2011 at 5:58pm

Paul look at

Foreclosure Fraud – Guide to Looking Up Public Records for Fraud

and see if you can teach yourself.

Most Florida counties have searchable databases where you can enter the kind of documents you want to search for and the time period, then search for MERS, or Countrywide or Bankof America etc.

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Permalink Reply by PaulR on June 27, 2011 at 6:00pm

Will do . . . thanks!

 

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Permalink Reply by PaulR on June 28, 2011 at 2:51pm

Joe,

 

I've done the initial legwork on the search, using the article you linked (intrestingly, I had bookmarked that same article, way-back-when, knowing I might need it at some point, but had never done the actual search work outlined in it).

 

Screened for "US BANK NATIONAL ASSOCIATION AS TR BY ATTY", which is how my lender is listed, exactly, in my case.  As the article states, it turned up THOUSANDS of them, so I had to screen further, for:

 

Jan 1, 2010 to date (June 2011)

 

I also screened for just "MTG -- ASSIGN" (mortgage assignments).

 

That narrowed it down to about 130 cases.  I've only viewed the actual assignment docs in a handful of them so far, and so far none have turned up the name of my signature ("Holly Jamusz" (sp?? -- it's hard to read).

 

Still looking thru the rest of the 130 cases though.

 

So what does that mean, that my mortgage was assigned to MERS ten months AFTER I was served a Lis Pendens?

 

Just as the article states, I found that the assignment in my case, to MERS, was done AFTER my LIs Pendens was filed (my LP was in 12/2009; the assignment was dated 10/1/2010.

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Permalink Reply by joe on June 29, 2011 at 3:04pm

Are you using an experienced foreclosure attorney Paul? It is too complex to do on your own and the judges stack the odds against you if you don't do things precisely right.

*Yes the fact that they sent you the lis pendens before the assignment is one argument you can use in your defense- most likely the new law firm will send a new lis pendens

* You should search the documents around the same month that your mtg was assigned. That signer may no longer be in vogue. Also search neighboring counties

* but at the end of the day it does not matter if you claim that that signer was a robosigner in other cases. You have to convince your judge that that person robo signed YOUR documents without authority and without reading it..

The only way you can do that is by forcing the case to become an evidentiary hearing rather than a summary judgment. This allows a discovery process.Then you will be allowed to depose the signers and prove your case

But you need LOTS of ammunition to convince a judge to hear your case.Read some example pleadings on George Gingo atty website

See why you probably need a lawyer?

 

 

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Permalink Reply by PaulR on June 29, 2011 at 3:14pm

Joe,

 

I'm sure you're right, but unfortunately I cannot afford an attorney, so I'll just have to do the best I can.  I am meeting with one (a foreclosure/real estate atty) on Friday, who has agreed to do the settlement if we go the short-sale route and take his fees on the back end, but I suspect he's going to tell us that any foreclosure hearing-related work I would need from him would have to be paid up front.

 

How can I determine -- just from looking at my docket online -- as to what TYPE of hearing has been scheduled?  All it says is "ORDER COMMENDING TRAIL BEGINNING 8-11-2011", and the notice I got in the mail says "ORDER SETTING NON-JURY FORECLOSURE TRIAL AND DIRECTING PRE-TRIAL PROCEDURE."  The Plaintiff ASKED for a summary judgment way back in Sept. of last year, but I was told by someone in the Clerk of the Court's office that -- since I contested my case via a point-by-point Answer within the time allotted -- I would have my day in court.

 

I'm trying to find out:  was this court date scheduled as a result of the plaintiff asking for a motion of summary judgment, or was it scheduled to hear my contentions to the case?

 

I suppose I'll find out soon enough; my Circuit (Seventh) requires a pretty formal pre-trial procedure where both parties are basically told "try to work it out before you come to my Court" by our judge.

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Permalink Reply by PaulR on June 29, 2011 at 3:18pm

* You should search the documents around the same month that your mtg was assigned. That signer may no longer be in vogue. Also search neighboring counties*

 

I've already turned up another Mortgage Assignment by this same signer -- ironically, it is a friend of mine's mortgage!  And sure enough, it's for another lender, but since she (the robo-signer) is only claiming to be an officer of MERS -- and since those are all remote agents, working for lenders, law firms and such, does it really matter?  Everyone knows that MERS "employees" are really just some lender somewhere, acting as nominee.

 

btw, I checked the two signatures, and they do match.  I don't think my issue is going to be one of robo-signing, but rather one of backdating of an assignment, to pre-date the Lis Pendens.

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