Pasco County Florida Judge Rules A Bank Perpetuated a Fraud
Circuit Court Judge Lynn Tepper recently made national news.
In a rare ruling, Judge Tepper stated that a major national bank perpetrated a "fraud" in a foreclosure lawsuit, raising questions about how banks are attempting to claim homes from borrowers in default.
This case started in December 2007 when U.S. Bank N.A. sued homeowner Ernest E. Harpster after he defaulted on a $190,000 loan he received in January of that year.
The Law Offices of David J. Stern, which represented the bank, prepared a document called an "assignment of mortgage" showing that the bank received ownership of the mortgage in December 2007. This document was dated December 2007.
However after investigating Judge Tepper ruled that the document couldn't have been prepared until 2008 partly due to the notary stamp.
She ruled that the bank couldn't prove it owned the mortgage at the time the suit was filed.
On page 2 #7:
"7) The Assignment, as an instrument of fraud in this Court intentionally perpetrated upon this court by the Plaintiff, was made to appear as though it was created and notorized on December 5, 2007. However, that purported creation/notarization date was facially impossible: the stamp on the notary was dated May 19,2012. Since Notary commissions only last four years in Florida (see F .S. Section 117.01 (l )), the notary stamp used on this instrument did not even exist until approximately five months after the purported date on the Assignment."
Read it here:
http://online.wsj.com/public/resources/documents/HarpsterCase.pdf
This occurred in Pasco County, Florida. However this is happening everywhere. We will probably see more rulings like this that conclude that some banks are committing fraud.
If realtors ® or brokers were to commit fraud in the State of Florida it is a 3rd degree felony and up to 5 years in prison and/or $5000!
As you can see people like Judge Tepper in Pasco County Florida are holding banks to the same laws. Unfortunately banks have been making bank courtesy in part to TARP and with the "health insurance reform" buy-in mandate insurance companies will be making bank.
It is refreshing that a judge in Pasco County Florida is helping to put an end to this insanity!
A hui hou *Until next time*
~ Lana Robbins
P.S. If you are considering selling your home as a short sale I MAY be able to help. Contact me via email for more information.
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