CommunityMy FDLSeminal

Florida Foreclosure Employees Had Better Protect Themselves

[Ed. note: Pay attention to this case very closely. You’re going to see some of these names again soon.]

The Florida Attorney General has subpoenaed records of Fidelity National Financial, Inc., also known as DOCX (H/T cbl). The subpoenas are here. The first thing you notice is the caption: “Economic Crimes Investigative Subpoena Duces Tecum”. I like the ring of that, economic crimes. But I bet there is a group of people for whom it has a really scary sound.

What is the AG looking for? First, they want records of a comprehensive range of dealings between DOCX and several Florida foreclosure law firms, Florida Default Law Group, P.L., The Law Offices of David J. Stern, P.A., and Shapiro & Fishman, L.L.P., and The Law Offices of Marshall C. Watson, P.A.

Interesting enough. They also want documents authorizing named employees of DOCX to sign documents for other companies. As an example, they want to see documents showing that Linda Green is authorized to sign as Vice President, Mortgage Electronic Registration Systems, Inc., as nominee for American Home Mortgage Acceptance, Inc. They also want a copy of every document signed in any capacity by Linda Green.

They want documents showing that Korell Harp, Jessica Ohde, Pat Kingston, Christina Huang, and Tywanna Thomas had authority to sign “in any capacity for any lender and/or servicing company.” They want a list of employees, identifying those who provide notary services. And they want policy and procedure manuals and training materials related to the business of DOCX.

Most of the time, when a subpoena is issued for records, the employees don’t know about it. This time, the employees of DOCX and those law firms are lucky. The subpoena is on the internet, and they have a great opportunity to protect themselves, if they find out about it.

I’m guessing that the Florida AG doesn’t blame the employees of DOCX, and maybe the employees of the law firms. That is why they want the manuals and training materials. If I’m one of the people named in the subpoena, or an employee who notarized documents for DOCX, I’m getting on the phone to a lawyer to represent me in criminal proceedings. I do the same thing if I work for one of those law firms. I’m telling my story to my lawyer, and asking for help in cooperating with the Florida AG. I don’t worry about the cost.

But, you say, surely they’re better off working with the firm; they’ll protect their employees because that protects them. Just saying it out loud makes you laugh, doesn’t it?

So, if you are one of those people, this is your big chance to get in front of this mess. If you know one of these people, or know that one of them goes to your Church, or your kid knows their kid at school, or your brother used to date someone who worked for one of those firms, do the right thing and talk to them. It’s ugly under the bus. You don’t want a friend down there.



I read a lot of books.