MFI-Miami Client Finally Receives Foreclosure Dismissal With Prejudice After Fending Off Five Foreclosure Attempts By OCWEN And Deutsche Bank

 

German soldiers surrendering to the Russians as the Germans retreat from the Battle Of Moscow in 1942
German soldiers surrender to the Russians as they retreat from the Battle Of Moscow in 1942

MFI-Miami client Lee Friedman was one of MFI-Miami’s first clients in 2008. We immediately found signature forgeries on his loan documents and other serious fraudulent actions. These actions were taken by his originating lender, Michigan-based Home Loan Center and the title company who handled the closing.

These actions were taken by his originating lender Home Loan Center and the title company who handled the closing.

The origination fraud was so compelling it showed Deutsche Bank lacked legal standing to foreclose.

In addition, I discovered the loan was never placed into Soundview Home Loan Trust 2006-OPT5. This is the Mortgage Backed Securities Trust who was claiming to be the plaintiff by Deutsche Bank. Deutsche Bank allegedly acquired the mortgage from Option One Mortgage who acquired it from Home Loan Center.

By Christmas of 2008, we were ready for battle. Yet, the only thing we needed was an attorney.

The Fight Begins

Good foreclosure attorneys were hard to find in early 2009. Friedman was left with no other option but to hire Carol Asbury. Asbury awas later convicted and disbarred for a multi-million dollar mortgage fraud scheme. Asbury went to court in Orange County and as kooky as she was, she was able to have the foreclosure tossed. Months after losing, AHMSI who was servicing the loan at the time for Deutsche Bank filed a second foreclosure complaint with the court. Again, Asbury was able to have the foreclosure dismissed.

Asbury went to court in Orange County and was able to have the foreclosure tossed. AHMSI (the servicer at the time) filed a second foreclosure complaint with the court. Asbury was able to have the foreclosure dismissed again.

Friedman hired attorney Craig Brand in 2010. Craig Brand like Asbury was also able to get the foreclosure dismissed.

OCWEN acquired AHMSI in October of 2012. They also acquired the serving rights to Friedman’s loan. OCWEN under instructions from Deutsche Bank also tried to foreclose on Lee Friedman.

This foreclosure case that had also already been dismissed by four Orange County judges. It had come full circle and Craig Brand was able to exploit that fact. He also convinced the judge to dismiss the foreclosure with prejudice.

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