Foreclosure Attorney Seeks Immediate Halt to Improper Investigation by Attorney General Bill McCollum

The Honorable Jack S. Cox of the Fifteenth Judicial Circuit of Florida Set to Hear Motion to Quash the Investigative Subpoena

WEST PALM BEACH, Fla.--()--The Honorable Jack S. Cox of the Fifteenth Judicial Circuit in Palm Beach County, Florida today hears a “motion to quash” an investigative subpoena by Florida’s Attorney General Bill McCollum. The motion is brought forth by Shapiro & Fishman, LLP, which has been targeted for investigation concerning foreclosure processes throughout Florida. Gerald Richman of Richman Greer, P.A., legal counsel for Shapiro & Fishman, argues in the motion the Attorney General lacks jurisdiction over this matter. Richman also highlights specific flaws within the Subpoena, which violates the Fourth Amendment, litigation, attorney-client and work product privileges along with a large number of general and specific objections.

Shapiro & Fishman, LLP is a law firm that represents mortgage servicing companies and has provided legal services to its clients in foreclosure matters throughout Florida for more than 20 years. Since the Attorney General’s Subpoena was served, the firm has expressed its willingness to voluntarily cooperate and discuss any complaints without success.

“My client is not behind a nefarious plot or scheme in foreclosure actions,” said Richman. “In fact, the Attorney General should focus on the abuses from the defense side where some foreclosure defense firms publicly market and brag how foreclosures can be delayed without legitimate defenses plus other questionable legal tactics.”

Current estimates have noted 55,000 foreclosure cases clogging Palm Beach County’s courts in the spring of 2010. Now that number stands at approximately 40,000 today. Most notably, the state Supreme Court has declined a Florida congressman’s request to halt certain foreclosure cases citing it lacks jurisdiction.

According to Richman, Attorney General Bill McCollum’s actions represent an abuse of government power that intentionally or recklessly has caused harm to a law firm acting in the best interests of its clients.

About Shapiro & Fishman, LLP

With offices in Boca Raton and Tampa, Shapiro & Fishman, LLP has handled thousands of mortgage foreclosures and bankruptcy cases annually for more than 20 years. The law firm concentrates on, and provides prompt and professional legal representation in the areas of foreclosure, consumer bankruptcy and eviction.

*Editor’s Note:

  • .pdf copies of the Petition to Quash Attorney General’s Investigative Subpoena available upon request.
  • The hearing before the Honorable Jack S. Cox is scheduled at 9:30AM/EST Courtroom 10C, 205 North Dixie Highway. West Palm Beach, FL 33401

Contacts

For Shapiro & Fishman, LLP
Bradley Gerber, 305-347-4391
Bradley.Gerber@bm.com

Contacts

For Shapiro & Fishman, LLP
Bradley Gerber, 305-347-4391
Bradley.Gerber@bm.com