hud fha ftc foia request

8/8/2019 Hud Fha Ftc Foia Request

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Legalprise, Inc.

5508 1/2 S. Dixie Highway,

West Palm Beach, FL 33405

(561) 847-3443

July 21, 2010

Addresses for FOIA requests:

Federal Trade Commission:

Joan Fina

FOIA/PA Officer

6th Street and Pennsylvania Avenue, N.W.

Washington, D.C. 20580

Housing and Urban Development:Cynthia A. O'Connor

Executive Secretary

Room 10139 451 7th Street, S.W.Washington, D.C. 20410

Securities and Exchange Commission

Celia Winter

FOIA/Privacy Act Branch Chief

Mail Stop 5100, 100 F Street, N.E.

Washington, D.C. 20549

FOIA REQUEST

Fee waiver requested

Expedited processing requested

Dear FOIA Officer:

Pursuant to the federal Freedom of Information Act, 5 U.S.C. 552, Legalprise, Inc.

requests access to and copies of all communications and documents regarding the

regulation of law firms that file and prosecute foreclosure lawsuits.

This request is being sent to the FTC, FHA/HUD, and SEC. Legalprise, Inc.s purpose in

seeking this information stems from the following actions on behalf of each agency

individually and collectively:

Federal Trade Commission. The FTC has initiated and moved forward with regulation

aimed, in part, at licensed attorneys working on behalf of foreclosure defendants. TheFTCs stated motivation for regulation is an allegation that the foreclosure defense bar


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consistently engages in consumer fraud. While it is true that particular foreclosuredefense attorneys acted in contravention of the ethical regulations of their states bar,

those attorneys represent a nominal fraction of foreclosure defense attorneys, were

promptly disciplined by their states bar, and have otherwise been managed by the legalcommunity. Because the actions of a few attorneys hardly represents a systemic issue

within the foreclosure defense bar, and because only approximately 3% of homeownersretain counsel, regulations that further restrict the availability of licensed legalrepresentation only exacerbate the housing crisis. Further, conspicuously absent from the

regulations purview are restrictions on foreclosure prosecution attorneys. The documents

attached to this request as Appendix A and Appendix B demonstrate the need for

such regulation because they regard unethical conduct by Floridas largest foreclosuremill, The Law Offices of David J. Stern, P.A. despite previous bar sanction.

Federal Housing Association/Department of Housing & Urban Development. TheFHA/HUD is closely involved with 100-percent government owned entities Fannie Mae

and Freddie Mac (FMFM). FHA/HUD/FMFM run a direct sourcing program in which

mortgaging servicing companies refer foreclosure files to law firms. Firms in theprogram are allowed to submit less documentation than firms not in the program. The

Law Offices of David J. Stern, P.A., to the best of our knowledge and belief, is in the

direct sourcing program. However, the firms lead attorney, David J. Stern, pled guilty to

filing false affidavits while prosecuting foreclosures in 2002 and, further, was cited forengaging in the unlicensed practice of law and fraudulently inflating fees. [Appendix A].

Please explain the process used to screen, select, and monitor firms in this program and

disclose all communications regarding the program and its handling of Mr. Sterns lawfirm, specifically, and any other ethical issues relating to other foreclosure mills. Also,

please disclose the direct and/or indirect involvement in the development of the directreferral program and the selection of its participating law firms by registered lobbyist

David Alberto R. Cardenas, who served on the Board of Directors of Fannie Mae from

1985 to 19901

and whos law firm, Tew Cardenas, LLP has represented David J. Sternsince at least 2002, the date of the above-referenced matter. [Appendix A].

Securities & Exchange Commission. Mr. Stern recently took public the back-officeprocessing component of his law firm, trading under ticker DJSP. The prospectus of

DJSP indentifies that the companys core product, foreclosure processing, may constitute

the unlicensed practice of law but fails to disclose that its former iteration was disciplined

by the Florida Bar for exactly that same infraction, nor that the discipline included aguilty plea for filing false affidavits2

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. Please explain why the SEC is allowing DJSP

stock to continue trading given that the company failed to disclose its prior dealings with

the Florida Bar and continues to operate in direct violation of the findings and mandatesof the Florida Bar by processing 6,000 foreclosures per month under the names of only

approximately 15 attorneys. Additionally, please also disclose any enhanced due

diligence steps the SEC took to protect the public from Mr. Stern, the CEO of DJSP, whohas a history of filing materially false and misleading documents in official proceedings.

http://www.tewlaw.com/attorneys/cardenas-alberto/

2http://google.brand.edgar-online.com/displayfilinginfo.aspx?FilingID=7333260-50390-100834&type=sect&TabIndex=2&companyid=784122&ppu=%252fdefault.aspx%253fsym%253dDJSP, page 11
http://www.tewlaw.com/attorneys/cardenas-alberto/http://www.tewlaw.com/attorneys/cardenas-alberto/http://www.tewlaw.com/attorneys/cardenas-alberto/http://google.brand.edgar-online.com/displayfilinginfo.aspx?FilingID=7333260-50390-100834&type=sect&TabIndex=2&companyid=784122&ppu=%2fdefault.aspx%3fsym%3dDJSPhttp://google.brand.edgar-online.com/displayfilinginfo.aspx?FilingID=7333260-50390-100834&type=sect&TabIndex=2&companyid=784122&ppu=%2fdefault.aspx%3fsym%3dDJSPhttp://google.brand.edgar-online.com/displayfilinginfo.aspx?FilingID=7333260-50390-100834&type=sect&TabIndex=2&companyid=784122&ppu=%2fdefault.aspx%3fsym%3dDJSPhttp://google.brand.edgar-online.com/displayfilinginfo.aspx?FilingID=7333260-50390-100834&type=sect&TabIndex=2&companyid=784122&ppu=%2fdefault.aspx%3fsym%3dDJSPhttp://google.brand.edgar-online.com/displayfilinginfo.aspx?FilingID=7333260-50390-100834&type=sect&TabIndex=2&companyid=784122&ppu=%2fdefault.aspx%3fsym%3dDJSPhttp://google.brand.edgar-online.com/displayfilinginfo.aspx?FilingID=7333260-50390-100834&type=sect&TabIndex=2&companyid=784122&ppu=%2fdefault.aspx%3fsym%3dDJSPhttp://www.tewlaw.com/attorneys/cardenas-alberto/


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All Agencies. Please disclose the names of all decision makers responsible for

monitoring ethical compliance and the specific policies and procedures of such

monitoring, including all documents related to the ethical or financial ramificationsinvolved with high-volume foreclosure filers.

Where possible, Legalprise, Inc. would like to receive all information produced as a

result of this request in electronic format.

If Legalprise, Inc.s request is denied in whole or part, it asks that you justify all deletions

by reference to specific exemptions of the act. It also expects you to release all segregableportions of otherwise exempt material. Legalprise, Inc. also reserves the right to appeal

your decision to withhold any information or to deny a waiver of fees.

Please waive any applicable fees. Release of the information requested is in the publics

interest because it will contribute significantly to the publics understanding of

government operations and activities. The information sought is in the public's interestbecause the current housing crisis is, in part, a result of the reckless and fraudulent

prosecution of foreclosure suits by foreclosure mill law firms. Legalprise, Inc. intends

to immediately aggregate and publicly disseminate any information obtained as a resultof this request in order to spotlight the inadequate attention given to foreclosure mill

practices. It is Legalprises hope that raising awareness of the issue will lead to legislative

or administrative action in the near future.

Legalprise, Inc. requests expedited processing of this request because it concerns a matterof urgency. As a research company that works closely with journalists, homeowner

advocates, and licensed attorneys, Legalprise, Inc. is primarily engaged in disseminating

information for public benefit. The public has an urgent need for information aboutdiscussions related to potential regulations of foreclosure prosecution practices because

informed members of the public might contribute through lobbying or other contacts with

public officials, and, in these instances, delay would deny the public of its ability to makeknown its views in a timely manner. We, on behalf of Legalprise, Inc., certify that its

statements concerning the need for expedited processing are true and correct to the best

of our knowledge and belief.

Legalprise, Inc., its owners, and the undersigned foreclosure advocates look forward to

your reply within 20 business days, as the statute requires.

Thank you for your assistance.


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Sincerely,

/s/ Michael Olenick

Michael Olenick, Esq.

Owner, CEOLegalprise, Inc.

West Palm Beach, FL

Cosigners:

/s/ Chip Parker

Chip Parker, Esq.

Managing Partner

Parker & DuFresne, P.A.Jacksonville, FL

/s/ Matt D. Weidner

Matt D. Weidner, Esq.

Managing Partner

Law Office of Matt Weidner, P.ASt. Petersburg, FL

/s/ Gary Baker

Gary Baker, Esq.Managing Partner

Porto & Baker, PLLC

Tampa, FL

/s/ J. Kevin Benjamin

J. Kevin Benjamin, Esq.

Managing Partner

Benjamin Legal Services, P.L.C.

Chicago, IL

/s/ Curran Porto

Curran Porto, Esq.Managing Partner

Porto & Baker, PLLCTampa, FL

/s/ Jay T. Hollenkamp

Jay T. Hollenkamp, Esq.

Owner, CFOLegalprise, Inc.

West Palm Beach, FL

/s/ Thomas Ice

Thomas Ice, Esq.

Managing Partner

Ice Legal, P.A.West Palm Beach, FL

/s/ Richard Shuster

Richard Shuster, Esq.

Managing Partner

Shuster & Saben, LLCFort Lauderdale, FL

/s/ Seldon J. Childers

Seldon J. ChildersPresident, Founder

Childers Law, LLC

Gainesville, FL

/s/ Gregory Bryl

Gregory Bryl, Esq.

President, Founder

Bryl Law Offices, LLC

Washington, DC

/s/ Emmett F. Robinson

Emmett F. Robinson, Esq.President, Founder

The Law Office of E. F. RobinsonWashington, DC


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/s/ Andrew D. Tarr

Andrew D. Tarr, Esq.

President, Founder

The Law Office of Andrew D. Tarr, P.A.Sunny Isles Beach, FL

/s/ Ashley G. Abano

Ashley G. Abano, Esq.President, Founder

Law Offices of Ashley G. Abano, APLC

San Diego, CA

/s/ Louise T. Hornsby

Louise T. Hornsby, Esq.

President, FounderHornsby & Associates, LLC

Atlanta, GA

/s/ Richard A. Hall

Richard A. Hall, Esq.

President, Founder

BottomLine LawyersAuburn, CA

/s/ Prince A. Donnahoe IV

Prince A. Donnahoe IV, Esq.President, Founder

Prince A. Donnahoe IV, P.A.

Cooper City, FL

/s/ George Gingo

George Gingo, Esq.

Mims, FL

hud fha ftc foia request

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