A year ago, the nonprofit watchdog Floridians for Honest Lending (FHL) reported Gundersen always rules against homeowners who try to fight foreclosures that rely on illegal robo-signed documents. But the bank tells him that in order to qualify for modification, he must first be delinquent on his mortgage. Recent events in the Burkes attempts to intervene has shown its rotten all around, right up to the Court of Appeals for the Eleventh Circuit. Your information will NEVER be shared or sold to a third party. Right after closing on the home, Leonard lost her job. A lot of these guys wont even get the folders until right before the hearing, says Kowalski. Stop the Harassment, August 2022 List of Thievin and Lyin Attorneys In the State of Florida, Florida Clerks Want to Stop Property Deed Scammers, Unlike Texas Where the Judiciary are the Scammers, The Eleventh Circuit Issues Another Glossed Opinion to Dismiss a Pro Se Lawyers Appeal, Them Versus Us. Clarence Thomas. But frequently, the loans in the trust were complete shit. Don't miss the crucial news and insights you need to make informed legal decisions. A Message for Felon Francis Santa: We Cannot Be Bribed. At one point during Judge Souds proceeding, a tallish blond woman named Shawnetta Cooper walks in with a confused look on her face. I think I would have predicted that, Wagner said. It penetrated all the way down to the individual consumer, who in some cases was a knowing accomplice in the bubble mess. So little info is available when considering down-ballot candidates, especially judges who wrap themselves in the canons of ethics to avoid answering any meaningful questions. Some were pushed into dangerous loans when they qualified for safe ones. Thank you for this well-researched and written report and for amplifying the issues!!! It was then transferred to Wells Fargo, a megabank that was handed some $50 billion in public assistance to help it acquire the corpse of Wachovia. And lets overlook entirely the fact that the judge cant spell the word cited. Akerman, the law firm that opposes Jacobs in the Nicolas case, convinced the Third District to pause trial court proceedings while the firm attacks Butchko and her contempt order. She said she stands by the report, which is based solely on foreclosure court filings in 2019 and 2020. After she has been in Broward Circuit Court for almost six years, Gundersens track record is grist for accusations that shes so biased toward lenders lawyers, she lets them turn fraudulent papers into foreclosure judgments. The organized Bar doesnt like Jacobs confrontational style and may be on the verge of silencing him. But the banks sold the securities based on these pools of mortgages as AAA-rated gold anyway. Selling lead as gold, shit as Chanel No. PLEASE MAKE YOUR VOICES HEARD. At no time is there a human being looking at the entire picture. He didnt charge her, he didnt go after her, he didnt scream at her, he didnt confront her, Gundersen said about the car stalking incident. Asked by Florida Bulldog to delegate someone to speak for her, Gundersen tapped Kathleen Angione, a Pompano Beach lawyer who represents clients in foreclosure court. Why didnt the media bring this up? The significant and distressing difference is the Burkes battle is not just with the opposing parties, but with the judicial machinery itself. The next year a dozen U.S. mortgage lenders, most prominently Bank of America and its subsidiary Countrywide Financial, agreed to end robo-signing as part of a $9.3-billion settlement with the Office of the Comptroller of the Currency. They made a bet on it and then they realized they made a bad bet, but it was a whole lot of money, she said. Judge Gunderson did not help herself by giving a pass to Pompano Mayor Rex Hardin who has been in foreclosure twice in the last few years over 2 years and she let the case slide. In short, all of this was a scam and thats why so many of these mortgages lack a true paper trail. The problem is that Gundersen skews discovery and other preliminary matters toward the banks, the lawyer said. They put their foot on the foreclosure gas pedal and stepped up the effort to kick people out of their homes as fast as possible, before the world caught on to how these loans were made in the first place. The judge has been known to assess attorney fees against the side that displeases her. Vote for LAUREN ALPERSTEIN, Circuit Court Judge, Seat 9. Because they are setting up for it all over again with massive illegal foreclosures. One has to wonder if the outraged response to Jacobs combative approach obscures his message: Mortgage banks are using abusive and illegal tactics to separate homeowners from their homes. Both options are priced the same. The meat of the foreclosure crisis is the unopposed cases; thats where the banks make their money. Her critics say a Broward resident whos about to lose their home and isnt a deadbeat can expect no show of mercy from Gundersen. Find me. Ive been battling the bank for a long time all the way to SCOTUS. Andrea Gundersen has always made me feel secure and confident and very hopeful throughout this difficult process. But that all changed about a decade ago, thanks to the invention of new financial instruments that magically turned all these mortgages into high-grade investments. Ocwens counsel at Goodwin Law are rogues. For most people, the former bit about homeowners not paying their damn bills is the important part, while the latter, about the sudden and strange inability of the worlds biggest and wealthiest banks to keep proper records, is incidental. Given the way the system is rigged, that means His Honor could well be throwing one ass on the street every 2.4 minutes. Alperstein is of counsel at Boies Schiller Flexner in Hollywood, Florida. Judges like Gunderson who DONT play by the rules, should not only be removed from the bench, but disbarred as well! Just minutes before, I had watched what happens when defendants dont show up in court: kerchunk! Youve already committed fraud once, says April Charney, an attorney with Jacksonville Area Legal Aid. D. Keith Johnson, the head of Clayton Holdings, was so alarmed by the findings that he went to officials at three of the main ratings agencies Moodys, Standard and Poors, and Fitchs and tried to get them to properly evaluate the loans. No fake news here. No single limb of this vast man-eating thing knows what the other is doing, which makes it nearly impossible to combat and scary as hell to watch. Because the documents represent a death sentence for them. aTreasury Department spokeswoman explaining how the $700 billion number was chosen for the initial bailout. Heres what the two Group 9 candidates said qualified them to don the black robe. $99,480 Total Expenditures. To create the appearance of paperwork where none exists, the banks drag in these pimply entry-level types an infamous example is GMACs notorious robo-signer Jeffrey Stephan, who appears online looking like an age-advanced photo of Beavis or Butt-Head and get them to sign thousands of documents a month attesting to the banks proper ownership of the mortgages. Its early on a sunny Tuesday morning when I arrive at the chambers of Judge Soud, one of four rotating judges who preside over the local rocket docket. LexisNexis and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. A Message to Justice Elena Kagan from LIT:#OperationWhiteout@uscourts @WSJopinion @HarvardLaw_ @YaleLawSch @PBS @WisconsinLaw @stetsonlaw @UNLVLaw @sjquinney @kulawschool @TempleLaw @TulaneLaw @reason @MotherJones @Pontifex @Princeton @Cornell @Stanford @abc #appellatetwitter pic.twitter.com/S1VqvLU6jN, LawsInTexas (@lawsintexasusa) November 24, 2021. Currently, Judge Gundersen presides over all foreclosures in Broward County. Due to my imminent death, being hospitalized and recuperating, they file the fraudulent petition to gain my finances. Then, to the amazement of everyone present, he issues the following speech: This young man, he says, pointing at me, is a reporter for Rolling Stone. We cannot continue to allow fraud in our justice system for the convenience of the banking industry and at the expense of homeowners American Dream. Tradition and comfort in this 3* ground floor apartment of an old farm, in a mountain village, change of scenery guaranteed! But in reality, its the unpaid bills that are incidental and the lost paperwork that matters. I think she just follows the law and wherever that falls is where it falls, Angione said. Either homeowners dont know they can fight their foreclosures, or they simply cant afford an attorney. Unfortunately, with little scrutiny from the media, legislators, or regulators, our court system has heavily favored the latter.. It was in the bankers interest, as well as yours, to make a modified payment schedule. Daily Business Review honors attorneys and judges who have made a remarkable difference in the legal profession in Florida. 5, was the essence of the booming international fraud scheme that created most all of these now-failing home mortgages. Real life Groundhog Day. ), But all three agencies rejected his advice, fearing they would lose business if they adopted tougher standards. They told me the state of Florida had created a special super-high-speed housing court with a specific mandate to rubber-stamp the legally dicey foreclosures by corporate mortgage pushers like Deutsche Bank and JP Morgan Chase. The notion that a judge would try to prevent any citizen, much less a member of the media, from watching an open civil hearing sounded ridiculous. Record your own trail from the Wikiloc app, upload the route and share it with the community. It was some of the most undignified behavior Ive ever seen, this observer said. Early voting has begun and goes to August 21st, in person voting is August 23rd. It was appalling, said a campaign consultant who spoke on condition of anonymity because of working on another, non-judicial race. Its easier to blame someone else than to face the serious financial situation theyre in.. People are not deadbeats because they cant pay their mortgages! Of those, 325 were loans originated byCountrywide, the disgraced mortgage company that was bought by Bank of America in 2008. Its not based on any particular data point, we just wanted to choose a really large number.. Judge Gundersen can see fraud for what it is but choose to ignore it. Fort Lauderdale, Fl. Gundersen also ignores decision from US bankruptcy court when there is an order dismissing bank claim that the property was surrendered by the borrower during a prior bankruptcy. It quickly becomes apparent that Kessler is barely acquainted with the names in the files, much less the details of each case. She was in familiar territory, having practiced family law for 23 years. I want it to go public and to the media. At the head of a modest conference table this morning sits Judge Soud, a small and fussy-looking man who reminds me vaguely of the actor Ben Gazzara. During her first three years on the Broward Circuit Court bench, Gundersen handled divorce and child-custody cases. With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. Drea, 23 was always able to find someone to pick a bone with. Another judge might have started working on a foreclosure case in 2019, while Gundersen was still in family court, but her name was on the crucial ruling for the lender. Miami-Dade Circuit Judge Jennifer Bailey, who heads the courts civil division, responded with this statement: In each case where a house was sold, a presiding judge reviewed the evidence in the case and entered judgment, after which a foreclosure sale is set. My apologies the correct email address for SIGTARP is: Worst judge in broward county history. website designed by wwdb integrated marketing. Several opinions from the Fourth District Court of Appeal in West Palm Beach regarding the trustworthiness of records custodians helped to give clarity to what judges could consider. Do society a favor and vote her out of office; she is clearly not judge material. Floridians for Honest Lending (FHL) reviewed several hundred foreclosure complaints filed in 2019 by Bank of America, the Bank of New York Mellon, and JP Morgan Chase in the Eleventh and Seventeenth Judicial Circuit Courts that comprise Miami-Dade and Broward counties respectively. The only way for the caseload to get reduced is to give it to the plaintiff. They have nothing. The signer, a bank executive, could not possibly know whats in the papers and vouch for their validity, as is legally required. I am in Jasper County Indiana and have been fighting Bank of America N.A. You can email me at: im4theppl@gmail.com. Sitting in the rocket docket, James Kowalski considers himself lucky to have won his first motion of the morning. 4 producers offer you an immersion in their profession! About Andrea I. Gunderson Practice Areas Questions? This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas. I was evicted in the most terrific and traumatic way. The process servers cover up the crime using the same tactic as the lenders, saying they lost the original summons. Sep 1, 2022 - Entire rental unit for $258. Luxury Homes for Sale in Albiez Le Jeune, Auvergne Rhne Alpes, France If the banks eventually win, nurse Julie Nicolas will lose her North Miami Beach home of nearly 30 years. Now the banks are using all available means, including robo-signing and other abusive tactics, to tap into the enormous value of outstanding mortgage loans, according to Wagner. Whos next? Judge Soud says. This passage from the courts 2018 opinion in Aquasol Condo Assn. Jamerican says: July 25th, 2013 at 11:22 am The Federal Taskforce called SIGTARP is currently investigating my fraudulent foreclosure and EVICTION by Nationstar Mortgage, Specialized Loan Servicing, and Shellpoint. So glad Gundersen has been ousted, shell be lucky to get hired to clean up shit from the cow pasture. They dont care that in the rush to produce loans, people were sold houses that turned out to have flood damage or worse, and they certainly dont care that people were sold houses with inflated appraisals, which left them almost immediately underwater once housing prices started falling. dchristensen@floridabulldog.org Liked by Andrea Gunderson, BSN, RN Congratulations to the happy couple! She thunders at and cuts off lawyers and non-lawyers who exceed their five-minute time limit at her busy motion hearings. the lawyer for the borrower has advised Gundersen that her previous order was reverses by the 4th DCA. If we encountered fraud, it would go to [the state attorney], I can tell you that.. Ive got about three more, Judge, says Kessler. From 2000 to 2006, there was a total of 1,031 affidavits of lost summons here in Duval County; in the past two years, by contrast, more than 4,000 have been filed. Monika was arrested by the US MARSHALLS in October 2022, she just amped up her game quite a bit. This second phase of unlawful foreclosures will now be at the hands of LLCs created solely for the purpose of falsely claiming to be a servicer of a non-existing loan to recover hundreds of thousands at foreclosure sales. This isnt some rare goof-up by a low-level cubicle slave: Virtually every case of foreclosure in this country involves some form of screwed-up paperwork. You have to deal with her first and shes awful to borrowers counsel. No one knows how many arguable defenses Gundersen derails so that they never reach Stone. When you fall behind, your bank falls behind, too. Each complaint filed by the banks attorneys is linked in the second column. If your issue is with Nationstar, SLS, or Shellpoint they want to hear from you. While the bank may call it confession of error The loan was not only late, it was already in foreclosure which means that, by definition, whoever the investors were in AE 2005-HE5 were getting shafted. The first reason is: It simply isnt true. #JustSayNo to civil servants of the government receiving protection normally assigned to @POTUS, Watch the video, made for the purpose of public interest as congress aligns with ochlocracy. They almost always win those cases, no matter whats in the files. The banks new set of papers also traces ownership of the loan from the original lender, Novastar, to JP Morgan and then to Bank of New York. We remain steadfast in our belief that the CFPBs claims regarding Ocwens past servicing practices are unsubstantiated and the Bureaus settlement demands do not reflect the merits of this case. Andrea Ruth Gundersen. Following the evidence, Kowalski discovered what has turned out to be a systemwide collapse of the process for documenting mortgages in this country. Your Donations and your Voice are so important. Among her dozen biggest, $1,000 contributors, none is a borrower lawyer. Judges know they wont be appealed because the parties dont have the money to pay the bond, said a foreclosure defense lawyer who spoke on condition of anonymity for fear of retaliation. And there appears to be no human being at the bank whos involved enough to issue a sane decision to end the costly battle. But whats going on at the Jacksonville rocket docket, and in foreclosure courts all across the country, has nothing to do with sloppiness. We are a 501(c)(3) organization. And guess who she sided with, the plaintiff. Readers should bear these factors in mind when considering such statements and should not place undue reliance on such statements. I Run The County Sayeth Flagler County Commissioner Joe Mullins in Speedin Ferrari. Some of the other errors the Fourth District called her on were: misapplying a statute of limitations to favor a lender; granting an ex-husbands petition with prejudice (no do-over allowed) and prohibiting a hearing to show he cheated his ex-wife out of her share of the marital home; granting changes to a parenting plan that no one asked for; and, not letting a mother present her side of a child-custody case before ruling against her. The judge more or less automatically rules for the plaintiffs when the homeowner is a no-show. One more important point, I am proudly part of BREC as a Committeewoman that Endorsed (among many other glowing endorsements) LAUREN ALPERSTEIN, who successfully beat disgraced Andrea Ruth Gundersen removing her from the Bench!