Nootan Patel had filed for Chapter 7 bankruptcy protection.
By Raif Karerat
An Indian American woman’s defense attorney has requested to withdraw from a foreclosure case after his client claimed he forged her name on an affidavit, but could face sanctions for fraud instead.
Nootan Patel filed for Chapter 7 bankruptcy protection after defaulting on a mortgage, but she suggested her foreclosure defense firm took it upon itself to file defenses backed by an affidavit she didn’t sign.
Stopa Law Firm Principal Mark Stopa filed a motion to withdraw as counsel for Patel, but SHD Legal Group, the Fort Lauderdale firm representing the noteholder in the case, wants to block the move, according to the Daily Business Review.
On May 15, SHD filed a supplemental motion in Hillsborough Circuit Court that the defense affidavits be stricken sanctions imposed for fraud.
“As it turns out, Patel actually does not oppose foreclosure at all,” Judge Michael Williamson stated. “Her lawyer apparently has been opposing the foreclosure action without her authorization.”
Strop vehemently denied any wrongdoing during the litigation.
“I have an attorney-client privilege that prevents me from saying some things, but obviously I did not fraudulently do anything,” he told the Daily Business Review. “All I can say is that neither me nor my office did any forgery.”
The affidavit in question reportedly stated — erroneously — that Patel didn’t receive a default notice from the bank, never signed a note or mortgage with U.S. Bank, and had no written notice that the debt had been assigned to the new lender. The loan balance alleged in the suit was also too high, and the bank resorted to daily collection calls “at odd hours,” according to the fraudulent document.
1 Comment
Well this is so disappointing, if the legal personnel commits such kinds of illegal acts then the whole justice system comes under the cover of doubt. According to my personal point of view the lawyer must be held under custody and proper inquiry should be channelled out unless the mystery is resolved.
Elba Moribayed- Senior lawyer at http://collectiondebtlawyer.com