The office of David J. Stern served us with foreclosure papers on Mar 27. Upon reading the text, I noticed that the papers were an action to foreclose on a note owned by First American Home Mortgage and Deutsche Bank.
After seeking legal advice, I informed Mr Stern's office that he had no right to foreclose on my house because First American Home Mortgage was not our current lender and so therefore we did not owe them any money.
Mr. Stern was advised of such by phone and in writing.
The Circuit Court Judge of the 10th Judicial Circuit, in and for Polk County, Florida also received a copy of that letter.
Knowing that the information they had was incorrect, Mr Stern and the Judge continued with the foreclosure process. A hearing was scheduled for Aug 23. I informed Mr. Stern and the judge that I could not be present at that hearing and requested a postponement. I received no response.
For fear that Mr. Stern might actually win his case, I decided to sell my house rather than let him take it.
Two weeks later, I received a court notice: judgement for the plaintiff: my house was to be auctioned off on the steps of city hall in Bartow on Sept 27
REMAX had been in communications with my mortgage company, Countrywide, and we agreed on a short sale.
The house was sold by REMAX and closing took place on Sept 27.
Mr. Stern's office, used illegal papers to foreclose on my house. Supported by the judge, he won the case in court. I reported this unfair practice to the Florida Bar Association and received a response letter which states that this is not in their jurisdiction. This man needs to be disciplined and investigated.
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