Florida Bar, Foreclosures, Timothy Kingcade Posts

Big Time Florida Foreclosure Lawyer Accepts Disbarment

Florida lawyer, David J. Stern, whose law firm handled tens of thousands of foreclosure cases during the height of the financial crisis is ending his fight to hold on to his law license. The disbarment will mark the most significant punishment for the attorney’s role in falsifying documents through fake signatures and backdating records and not giving homeowners proper notice that they faced foreclosure.

In late January, the Florida Bar found probable cause for 17 counts against Stern. The alleged violations included misconduct and failure to supervise non-lawyers properly. Stern’s attorney initially said that his client had done nothing unethical and questioned if the Bar could prove his client did anything to merit punishment.

But recently, Stern’s lawyer, Jeffrey Tew, filed a one page document with the Florida Supreme Court stating that his client has decided to end his fight against recommendations that he be disbarred. A referee has also recommended that Stern pay nearly $50,000 in costs to the Florida Bar, claiming that Stern’s actions had “created chaos” in the courts.

The October report included testimony from six judges complaining about Stern and his firm’s lawyers. Judge Nancy Perez contended that Stern’s failure to exercise care was not “isolated, but rather a representation of the culture of the firm, as to the low level of competence and ethics.”


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Foreclosures, Timothy Kingcade Posts

Foreclosure Attorney David J. Stern Faces Disbarment

Former foreclosure attorney David J. Stern may ultimately be disbarred for violations related to his role in the highly publicized “robo-signing” scandal. Stern is still a licensed lawyer in good standing with the Florida Bar. In April, two years after the scandal broke, the Bar filed an 80-page complaint that includes 17 counts that Stern violated the Bar’s rules of professional conduct. The Bar alleges that “Stern failed to properly supervise lawyers and non-lawyers at his firm and failed to halt regular violations of the Florida Bar rules.”

Stern earned the name the “foreclosure king” when his Plantation law firm rapidly expanded during the foreclosure crisis in 2006. He was a lead attorney for home mortgage provider Freddie Mac and several other big banks. Accusations were reported to the Florida Bar and local courts that the firm was filing false and inaccurate documents in those cases. Stern’s office was forced to close and thousands of employees were laid off.

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