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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. The
FTC’s 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 foreclosure
defense attorneys acted in contravention of the ethical regulations of their state’s bar,
those attorneys represent a nominal fraction of foreclosure defense attorneys, were
promptly disciplined by their state’s bar, and have otherwise been managed by the legal
community. Because the actions of a few attorneys hardly represents a systemic issue
within the foreclosure defense bar, and because only approximately 3% of homeowners
retain counsel, regulations that further restrict the availability of licensed legal
representation only exacerbate the housing crisis. Further, conspicuously absent from the
regulation’s 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 Florida’s largest “foreclosure
mill,” The Law Offices of David J. Stern, P.A. despite previous bar sanction.

Federal Housing Association/Department of Housing & Urban Development. The


FHA/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 the
program 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 firm’s lead attorney, David J. Stern, pled guilty to
filing false affidavits while prosecuting foreclosures in 2002 and, further, was cited for
engaging 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. Stern’s law
firm, 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 direct
referral program and the selection of it’s 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 who’s law firm, Tew Cardenas, LLP has represented David J. Stern
since at least 2002, the date of the above-referenced matter. [Appendix A].

Securities & Exchange Commission. Mr. Stern recently took public the “back-office”
processing component of his law firm, trading under ticker “DJSP.” The prospectus of
DJSP indentifies that the company’s 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 a
guilty plea for filing false affidavits2. Please explain why the SEC is allowing DJSP
stock to continue trading given that the company failed to disclose it’s prior dealings with
the Florida Bar and continues to operate in direct violation of the findings and mandates
of 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, who
has a history of filing materially false and misleading documents in official proceedings.
                                                        
1 http://www.tewlaw.com/attorneys/cardenas‐alberto/  
2 http://google.brand.edgar‐online.com/displayfilinginfo.aspx?FilingID=7333260‐50390‐
100834&type=sect&TabIndex=2&companyid=784122&ppu=%252fdefault.aspx%253fsym%253dDJSP, page 11 

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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 ramifications
involved 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 segregable
portions 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 public’s
interest because it will contribute significantly to the public’s understanding of
government operations and activities. The information sought is in the public's interest
because 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 result
of this request in order to spotlight the inadequate attention given to “foreclosure mill”
practices. It is Legalprise’s 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 matter
of 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 about
discussions 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 make
known 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 /s/ Jay T. Hollenkamp


Michael Olenick, Esq. Jay T. Hollenkamp, Esq.
Owner, CEO Owner, CFO
Legalprise, Inc. Legalprise, Inc.
West Palm Beach, FL West Palm Beach, FL

Cosigners:

/s/ Chip Parker /s/ Richard Shuster


Chip Parker, Esq. Richard Shuster, Esq.
Managing Partner Managing Partner
Parker & DuFresne, P.A. Shuster & Saben, LLC
Jacksonville, FL Fort Lauderdale, FL

/s/ Matt D. Weidner /s/ Seldon J. Childers


Matt D. Weidner, Esq. Seldon J. Childers
Managing Partner President, Founder
Law Office of Matt Weidner, P.A Childers Law, LLC
St. Petersburg, FL Gainesville, FL

/s/ Gary Baker /s/ Gregory Bryl


Gary Baker, Esq. Gregory Bryl, Esq.
Managing Partner President, Founder
Porto & Baker, PLLC Bryl Law Offices, LLC
Tampa, FL Washington, DC

/s/ J. Kevin Benjamin /s/ Emmett F. Robinson


J. Kevin Benjamin, Esq. Emmett F. Robinson, Esq.
Managing Partner President, Founder
Benjamin Legal Services, P.L.C. The Law Office of E. F. Robinson
Chicago, IL Washington, DC

/s/ Curran Porto /s/ Andrew D. Tarr


Curran Porto, Esq. Andrew D. Tarr, Esq.
Managing Partner President, Founder
Porto & Baker, PLLC The Law Office of Andrew D. Tarr, P.A.
Tampa, FL Sunny Isles Beach, FL

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/s/ Ashley G. Abano /s/ Richard A. Hall
Ashley G. Abano, Esq. Richard A. Hall, Esq.
President, Founder President, Founder
Law Offices of Ashley G. Abano, APLC BottomLine Lawyers
San Diego, CA Auburn, CA

/s/ Louise T. Hornsby /s/ Prince A. Donnahoe IV


Louise T. Hornsby, Esq. Prince A. Donnahoe IV, Esq.
President, Founder President, Founder
Hornsby & Associates, LLC Prince A. Donnahoe IV, P.A.
Atlanta, GA Cooper City, FL

/s/ George Gingo


George Gingo, Esq.
Mims, FL

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