Miami Judge Sanctions Law Firm, Treasury Secretary Mnuchin’s Former Bank for ‘Frivolous’ Foreclosure

You won’t see this in any GA Court! The Banks can do no wrong in GA!
Anyone who has followed foreclosure hell very closely knows who the Albertelli Firm is!


Miami Judge Sanctions Law Firm, Treasury Secretary Mnuchin’s Former Bank for ‘Frivolous’ Foreclosure
Treasury Secretary Steven Mnuchin’s former bank and its attorney face a separate hearing to set punishment.
https://www.law.com/dailybusinessreview/sites/dailybusinessreview/2018/01/25/miami-judge-sanctions-law-firm-treasury-secretary-mnuchins-former-bank-for-frivolous-foreclosure/

By Samantha Joseph | January 25, 2018 at 08:45 AM

Judge Pedro Echarte. Photo by Candace West

Miami-Dade Circuit Judge Pedro P. Echarte Jr. sanctioned Treasury Secretary Steven Mnuchin’s former bank, California-based OneWest Bank, and its law firm for filing a frivolous foreclosure against a widow.

The judge granted sanctions against the bank and its attorneys at Tampa-based Albertelli Law, which serves the financial services and mortgage banking industries from offices in Florida, Georgia, Alabama, Arkansas, North Carolina, Tennessee, Texas, South Carolina and the U.S. Virgin Islands. He found the law firm and its client bank prosecuted a frivolous foreclosure and will set a subsequent hearing to determine the penalty.

“I believe the court should impose sanctions sufficient to deter a company like OneWest Bank with $65 billion in assets and vindicate the integrity of the judiciary,” said homeowner attorney Bruce Jacobs of Jacobs Keeley in Miami. “They came after my client a month after her husband died and relentlessly pursued this foreclosure.”

Echarte’s ruling is the latest blow for the bank, which the California state attorney general’s consumer law section has accused of rampant foreclosure violations.

OneWest Bank is a division of CIT Bank N.A. Its co-founder is Mnuchin, who served as CEO from 2009 to 2015 when it was sold to CIT Group Inc. as the first bank merger for more $50 billion following the financial crisis. Before the merger, the bank allegedly engaged in “widespread misconduct,” violating notice and waiting period statutes, illegally backdating document, and rushing to foreclose on delinquent homeowners, according to reports by the investigative news site The Intercept.

In 2011, the Treasury Department, which Mnuchin now leads, entered a consent order against his bank for “unsafe or unsound” mortgage lending and foreclosure practices.

REVERSE MORTGAGE

Echarte found the bank wrongly sought to foreclose on a reverse mortgage to Miami homeowner Gloria Leek-Tannenbaum.

Reverse mortgages are federally insured loans that allow qualified homeowners 62 and older to borrow against the equity in their property. Instead of making payments to lenders, homeowners receive loan proceeds. The loans deplete the equity and accumulate interest but don’t become due until borrowers move out, die, sell the property, or fail to pay property taxes and insurance.

OneWest Bank filed suit against Leek-Tannenbaum in March 2014, alleging she owed the full debt of nearly $490,000. Leek-Tannenbaum’s husband, Eugene Tannenbaum, died about six months earlier, and the bank argued the loan met the criteria for full repayment.

Arguing for the plaintiff at a bench trial in November, Albertelli Law attorney Margarita Trapaga said Leek-Tannenbaum signed the mortgage but not the note, and the sole borrower was dead. She claimed the widow also executed a nonborrower spouse ownership certification, acknowledging the bank had a right to foreclose if Tannenbaum died.

In contrast, Leek-Tannenbaum’s attorney painted a picture of a lender that once promised to halt the foreclosure but later reneged on that commitment.

“They beat a motion for summary judgment by telling the prior judge they would dismiss the case in 2016, asking only for proof she (Leek-Tannenbaum) lived in the property,” Jacobs wrote in a statement. “When they pressed forward anyway, I filed the §57.105 motion for sanctions.”

Florida law allows sanctions for attorneys who raise unsupported claims or defenses. Court documents show Jacobs wrote former Albertelli attorney Robert Bowen, informing him of the motion for sanctions and a 21-day statutory window to withdraw “unsupported” claims.

Bowen, Trapaga, Albertelli Law principals and OneWest Bank officials did not respond to requests for comment by deadline.

Court records point to hard-fought litigation with 152 docket entries, a bench trial and more than a dozen hearings and five-minute motion calendar sessions.

And Jacobs said the case is not yet over.

“Last we were told, they intended to pursue an appeal,” he said.

The Republican presidential contender identifies 11 state and federal judges, but no litigators. Marcia Coyle, The National Law Journal


Photo: andykatz/iStockphoto.com
Trump Names 11 SCOTUS Picks, Bypassing Big Law
http://www.nationallawjournal.com/id=1202757984757/Trump-Names-11-SCOTUS-Picks-Bypassing-Big-Law?mcode=0&curindex=0&curpage=ALL
The Republican presidential contender identifies 11 state and federal judges, but no litigators.
Marcia Coyle, The National Law Journal
May 18, 2016

Republican presidential candidate Donald Trump gestures while speaking to the press in New York City, after his five-state super Tuesday win. April 27 2016.
Republican presidential candidate Donald Trump gestures while speaking to the press in New York City, after his five-state super Tuesday win. April 27 2016.

Presumptive Republican Party presidential nominee Donald Trump’s list for potential U.S. Supreme Court nominees is heavy on federal appellate judges and former clerks for conservative justices and light on big names in politics and private practice.

Trump’s list of 11 potential nominees doesn’t include several conservative judges who have been on Supreme Court watch lists in the past, including U.S. Court of Appeals for the D.C. Circuit Judges Brett Kavanaugh and Janice Rogers Brown, Sixth Circuit Judge Jeffrey Sutton and Fifth Circuit Judge Priscilla Owen.

Trump’s list, released Wednesday, doesn’t include any nonjudges. Other names floated in the past as possible nominees for a future Republican president included former U.S. Solicitor General Paul Clement, now a partner at Bancroft, and Sen. Mike Lee, R-Utah.

Also not on the list: Trump’s sister, Third Circuit Judge Maryanne Trump Barry, although that was no surprise. Trump has praised his sister as “brilliant,” but said he wouldn’t consider nominating her to the Supreme Court because of the conflict of interest. He’s also said that the two share “different views.”

Related: Texas’ Most Prolific Judicial Tweeter Makes Trump’s Shortlist

Trump’s list drew praise and criticism depending on where the commentator sits on the political spectrum.

“The [Supreme] Court needs more justices who will base their decisions on the law, not politics, even under pressure, especially since the next president is likely to determine the direction of the court for a generation,” Carrie Severino, chief counsel and policy director of the conservative Judicial Crisis Network, said.

“It is also heartening to see so many Midwesterners and state court judges on the list—they would bring a valuable perspective to the bench, particularly since they have already served on a court of last resort in their own states,” she added.

Miranda Blue of People for the American Way noted: “It looks like Trump has, true to his promise, picked potential justices who would advance the conservative efforts to skew the federal courts far to the right.”

Senate Judiciary chairman Charles Grassley, R-Iowa, said in statement, “Mr. Trump has laid out an impressive list of highly qualified jurists, including Judge Colloton from Iowa, who understand and respect the fundamental principle that the role of the courts is limited and subject to the Constitution and the rule of law.”

So who made the list?

Steve Colloton
Judge Steven Colloton, 53, joined the Eighth Circuit in 2003. Colloton is a former clerk to the late Chief Justice William Rehnquist. He was appointed by President George W. Bush. He previously served with independent counsel Kenneth Starr.
Before joining the appellate court, Colloton was the U.S. attorney for the Southern District of Iowa.

Allison Eid
Colorado Supreme Court justice Allison Eid is a former Clarence Thomas clerk. She took her seat on the state high court in 2006, leaving her position on the faculty of the University of Colorado Law School, where she taught constitutional law, legislation, the law of politics, first-year torts and advanced torts.
Before teaching, she also practiced commercial and appellate litigation in the Denver office of Arnold & Porter.

Thomas Hardiman
Judge Thomas Hardiman, 50, who joined the Third Circuit in 2007 just 3 1/2 years after taking his seat as a district court judge for the Western District of Pennsylvania.
Hardiman’s ruling that a jail policy of strip searching all arrestees does not violate the Fourth Amendment was upheld by the Supreme Court in 2012. In 2013, he dissented from his court’s decision upholding under the Second Amendment New Jersey’s law requiring applicants for licenses to carry handguns in public to show “justifiable need.”
“Those who drafted and ratified the Second Amendment were undoubtedly aware that the right they were establishing carried a risk of misuse, and States have considerable latitude to regulate the exercise of the right in ways that will minimize that risk,” he wrote in Drake v. Filko. “But States may not seek to reduce the danger by curtailing the right itself.”

Related: Third Circuit Judge Among Trump’s Supreme Court Picks

And he also dissented in a 2013 decision holding that a public school violated the First Amendment by banning students from wearing bracelets inscribed with “I [love] boobies” sold by a breast cancer awareness group.

Raymond Gruender
Judge Raymond Gruender, 52, became U.S. attorney for the Eastern District of Missouri in 2001 and served in that position until his confirmation to the Eighth Circuit in 2004.
Gruender has written opinions holding that the Pregnancy Discrimination Act of 1978 did not give female employees the right to insurance coverage for contraceptives used solely to prevent pregnancy.
He dissented from a panel ruling that upheld an injunction striking down a South Dakota law requiring abortion providers to inform patients that an “abortion will terminate the life of a whole, separate, unique, living human being.” When the case was heard en banc, Gruender, writing for the full court, upheld the law as constitutional on its face.

Raymond Kethledge
Judge Raymond Kethledge, 49, sits on the Sixth Circuit and is a former clerk to Justice Anthony Kennedy. He joined the appellate court in 2008 after practicing law as a corporate attorney and former counsel to Ford Motor Co.

Joan Larsen
Trump’s list also names a number of state supreme court judges.
Joan Larsen was named to the Michigan Supreme Court by Gov. Rick Snyder in September 2015. Larsen is a former clerk to the late Justice Antonin Scalia. She worked in the George W. Bush Department of Justice in 2002-2003 and then joined the University of Michigan School of Law as an adjunct professor and special counsel to the dean.
When appointed to the state court, Larsen said she would be a “strict constructionist,” explaining, “I believe in enforcing the laws as written by the Legislature and signed by the governor. I don’t think judges are a policy-making branch of the government.”
In March, at a memorial for Scalia, Larsen recalled Scalia as a “fundamentally happy man” who would sing in his chambers and whistle in the corridors of the court. Larsen remembered one time when she made a mistake citing Webster’s Third New International Dictionary in a draft opinion.
Scalia, a critic of that tome, called her out. Larsen said she had used that edition because it was in the justice’s front office. Scalia said the dictionary had been put there as a “trap laid for the unwary.”

Thomas Lee
Trump also named a judge with a well-known pedigree in Washington legal circles. Thomas Rex Lee, son of former Solicitor General Rex Lee, joined the Utah Supreme Court in July 2010.
Lee is a former Clarence Thomas clerk who specialized in trademark litigation when in private practice. He served as deputy assistant attorney general in the Civil Division of the U.S. Justice Department from 2004 to 2005.
Lee has been called a pioneer in “corpus linguistics” to determine ordinary meaning and has applied that in an opinion. He also has argued in the U.S. Supreme Court, representing Utah in Utah v. Evans, a 2002 challenge by the state to the Census Bureau’s use of “hot-deck” imputation, a statistical method.

William Pryor
Judge William Pryor of Alabama joined the Eleventh Circuit in 2004 despite considerable controversy over his nomination. He was criticized by Senate Democrats in the 108th Congress who called him an extremist for such statements as referring to the Supreme Court as “nine octogenarian lawyers” and saying that Roe v. Wade was the “worst abomination in the history of constitutional law.”
President George W. Bush installed Pryor using a recess appointment to bypass the regular Senate confirmation process. He received Senate confirmation on May 23, 2005, after Sen. John McCain, R-Arizona, announced an agreement between seven Republican and seven Democratic U.S. senators, the so-called Gang of 14, to ensure an up-or-down vote on Pryor and other nominees.
On the bench, Pryor specially concurred in an unanimous panel decision enjoining the secretary of Health and Human Services from enforcing the contraception insurance mandate under the Affordable Care Act against Catholic television network EWTN. That case was one of the petitions pending in the high court until the justices ruling Monday in Zubik v. Burwell.
In 2009, Pryor led a unanimous panel upholding Georgia’s photo ID law as a voting requirement.

David Stras
Another former Clarence Thomas clerk on the list is Minnesota Supreme Court associate justice David Stras, 41. Stras joined that court in 2010. He taught at the University of Minnesota Law School for six years prior to his appointment.

Diane Sykes
Seventh Circuit Judge Diane Sykes, 58, of Wisconsin, is well-known in conservative circles and has been called by some liberal groups as the most conservative judge on Trump’s list. She is a former justice of the Wisconsin Supreme Court.

Her more recent opinions include supporting a voter ID law and expanding the ability of religious objectors to limit their employees’ access to contraceptive insurance coverage under the Affordable Care Act. She also wrote an opinion in 2011 holding that the Second Amendment prohibited Chicago’s ban on firing ranges
Sykes spoke about her clerk-hiring practices at a conference in Milwaukee in 2014. “I don’t want to be fighting with someone all year,” Sykes said about hiring a clerk whose views are different than hers. “I don’t only hire Federalist Society members” as clerks, she said, but there has to be “some general philosophical fit.”

Don Willett
Another state supreme court justice is well-known to the Twitter community and someone who has actually criticized Donald Trump. Texas Supreme Court Justice Don Willett, 49, worked on the Bush-Cheney presidential campaign and transition team. In the White House, Willett served as special assistant to the president and director of law and policy for the White House Office of Faith-Based and Community Initiatives.
In 2003, Willett returned to Texas to become state deputy attorney general for legal counsel in the office of newly elected Texas Attorney General Greg Abbott, where he served until he was appointed to the state high civil court in 2005.
Circuit judges’ financial disclosure forms

We’ve compiled below some of the recent financial disclosure forms of judges on Trump’s shortlist:

Steven Colloton of Iowa: 2014 and 2015
Raymond Gruender of Missouri: 2014 and 2015
Thomas Hardiman of Pennsylvania: 2014 and 2015
Raymond Kethledge of Michigan: 2014 and 2015
William Pryor of Alabama: 2014 and 2015
Diane Sykes of Wisconsin: 2014 and 2015
Zoe Tillman contributed to this report.

Atlanta Attorneys Are On a Roll For Disciplinary Action, Bout Time Some Get Caught Up in Their Crimes!

Two Lawyers Hit With Default Judgment in Suits by Clients

Greg Land, Daily Report

Robert Thompson JR Vert 201412121516
Atlanta Attorney Robert Thompson Jr.
John Disney/Staff

Two Georgia attorneys—both under suspension by the State Bar of Georgia—have defaulted on a 2013 suit filed by a Douglas County couple who say they paid the lawyers thousands of dollars to forestall foreclosure proceedings only to lose their home when neither lawyer performed any services.

One of the defendants is attorney Robert Thompson Jr., who was suspended earlier this year after failing to respond to an ongoing investigation by the bar’s disciplinary committee. Thompson also was arrested in February and charged with misappropriating $37,440 of a client’s funds; his then-attorney told the Daily Report he had paid back more than $30,000 of the money.

A criminal charge of theft by conversion is pending against Thompson in Fulton County Superior Court. The phone number for his firm, the Thompson Law Group, has been disconnected.

The other attorney, Rodd Walton, has no disciplinary record with the bar but is under suspension for nonpayment of dues. Walton was arrested in 2009 when he attempted to enter the Cobb County Courthouse with a loaded handgun on the day he was to attend a hearing concerning a motion for reconsideration after being ordered to pay a former client $43,000 in restitution and attorney fees.

When his 2009 arrest was reported in this newspaper, a website for Walton’s Legacy Law Group said he was a former deputy counsel for Glock Inc., the maker of the gun he was carrying when he was arrested. On Thursday there was no immediate response to a message left on Legacy’s phone system, and no email is listed for Walton with the bar.

In the Fulton County suit, Michael and Cindy Bentley’s pro se complaint said they fell behind on their mortgage and in October 2011 paid Walton $3,000 to fight foreclosure proceedings. Walton “did absolutely nothing” on their behalf, it said, and when they requested information on their case he demanded another $3,500.

The Bentleys refused and demanded their $3,000 back. Walton first agreed, then told them he would refund nothing, it said.

In March 2012, they retained Thompson for $5,750. He “did nothing for a full year,” then demanded $500 to file a complaint. Thompson filed the complaint but failed to respond to the mortgage bank’s motion to dismiss or to inform the Bentleys that it had been filed, according to their complaint.

The bank’s motion went unanswered, and the court granted it by default. The Bentleys’ house was foreclosed.

Neither lawyer responded to the Bentleys’ suit, and they too moved for a default judgment. According to an order entered Thursday by State Court Judge Patsy Porter, Thompson appeared at an Oct. 15 hearing on the default motion and said that he had filed an answer with the clerk but that it had not been uploaded to the court’s e-filing system.

Porter instructed Thompson to upload a copy of his answer, but he failed to do so, she wrote.

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Josep Goded

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Duplicate My Success

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Westonka Daily News

News for Mound, Spring Park, Minnetrista, Navarre, Orono & Minnetonka Beach

LivingLiesTheTruth

The Truth About LivingLies Blog

I'm Federally Reserved

Federal Government Endless Harassment

Fitness Reboot

Building Warriors. Developing Champions.

J & J Ranch Stone Mountain GA

Taking a Ride on Life's Journey

Ms Debi's Closet

Resources & Links for Homeless, Low Income, Elderly, & Veterans

Inmate Blogger

A Collection of Blogs Written By Men & Women In Prison

Latest news

fresh news from around

Health-2U

Health-2U.

Celebrity News

news from around

Health News

news, tips and tricks

The Forclosure on GODs Children

TRUE STORYS of the destruction of GODS children .

Weekly Getaways

Travel Destinations

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