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Judges

Here we publish the names of Judges removed from the Bench.

A1 TOP STORY, BROWARD CITIES, BROWARD COUNTY, BROWARD COURTS, ELECTIONS, FORECLOSURE

AUGUST 9, 2022 5:00 AM

3708 SEEN

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If ‘experience matters,’ foreclosure Judge Gundersen loses her race on Aug. 23!

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gundersen and alperstein
Attorney Lauren Alperstein, right, and Judge Andrea Gundersen

By Noreen Marcus, FloridaBulldog.org

Broward foreclosure Judge Andrea Gundersen is running for reelection with the motto “experience matters.”

Primary voters just have to figure out if her experience is good or bad. On Aug. 23 they’ll decide whether they want Gundersen, 66, to continue presiding over Broward County residential mortgage foreclosures.

They have the choice of replacing her with Lauren Alperstein, 38, a well-connected divorce and family lawyer from the prominent Boies Schiller Flexner law firm. Low-key, earnest and devoted to pro bono work, she’s nothing like the scrappy, folksy Gundersen.

Alperstein won the endorsement of the Sun Sentinel, Broward County’s dominant newspaper, and of five past presidents of the Florida Bar. Gundersen has the police and teachers’ unions, reliable vote-wranglers in Democratic Broward. Early voting begins Saturday.

Incumbency is powerful, but it leaves a paper trail. Gundersen’s includes some revealing reversals by her supervisors on the Fourth District Court of Appeal and an unfavorable watchdog report.

GUNDERSEN AND ‘ROBO-SIGNED’ DOCS   

After she has been in Broward Circuit Court for almost six years, Gundersen’s track record is grist for accusations that she’s so biased toward lenders’ lawyers, she lets them turn fraudulent papers into foreclosure judgments.

A year ago, the nonprofit watchdog Floridians for Honest Lending (FHL) reported Gundersen always rules against homeowners who try to fight foreclosures that rely on illegal “robo-signed” documents.

Laura Wagner

Recently FHL surveyed about a half-dozen foreclosed homeowners and learned that nothing about dealing with Judge Gundersen has changed.

“The borrowers were very upset, they felt like they didn’t get fair and impartial treatment in her courtroom,” said FHL executive director Laura Wagner. “They didn’t feel like they had a fair shake at presenting their evidence.” 

Asked by Florida Bulldog to delegate someone to speak for her, Gundersen tapped Kathleen Angione, a Pompano Beach lawyer who represents clients in foreclosure court.

LAWYER: JUDGE FAVORS BORROWERS

Angione said she hasn’t seen Gundersen, a judge of “honor and integrity,” favor lenders.

“I would say if there’s a slant, it’s probably in favor of borrowers,” she said. The evidence: They’re entitled to only 30 days to move out of foreclosed properties, but Gundersen has a policy of giving them 60 days.

Angione was “disappointed” that borrowers and their lawyers wrongly target Gundersen, but said she understands the impulse. “It’s easier to blame someone else than to face the serious financial situation they’re in.”

Kathleen Angione

She would not discuss the FHL report, except to imply that a different judge made some of the rulings ascribed to Gundersen.

Yet Wagner said that when the report was published last year, no one sought a correction. She said she stands by the report, which is based solely on foreclosure court filings in 2019 and 2020. Another judge might have started working on a foreclosure case in 2019, while Gundersen was still in family court, but her name was on the crucial ruling for the lender.

JUDGE’S FAMILY COURT PROBLEMS

During her first three years on the Broward Circuit Court bench, Gundersen handled divorce and child-custody cases. She was in familiar territory, having practiced family law for 23 years.

Yet her treatment of some individuals in divorce and child-custody matters, especially those representing themselves, raises concerns about Gundersen’s understanding of and respect for due process and simple fairness.

At a meeting with the Sun Sentinel editorial board, Gundersen said she always shows “compassion within the bounds of the law.”

Her record suggests otherwise.

In the case of Boucher v. Warren, Gundersen dismissed a domestic violence injunction against the husband in a pending divorce case. Representing herself, the wife presented evidence that the husband vowed “to put bullets in her head” and stalked her with his car, driving menacingly near her.

N0 PROTECTION FOR STALKED WIFE

At the time of the injunction hearing, the husband was on probation for domestic violence. Gundersen said the criminal case covered that incident and the other threats were too remote in time or did not show the wife was in “imminent” danger, as required to justify the injunction.

“He didn’t charge her, he didn’t go after her, he didn’t scream at her, he didn’t confront her,” Gundersen said about the car stalking incident.

In fact, the husband “did scream something as he sped away,” the Fourth District opinion said. The appellate judges not only reversed Gundersen, they told her exactly what to do: Grant the injunction.

Westlaw legal research shows that Gundersen was reversed in 10 of the 61 cases in which she was appealed.

Some of the other errors the Fourth District called her on were: misapplying a statute of limitations to favor a lender; granting an ex-husband’s petition “with prejudice” (no do-over allowed) and prohibiting a hearing to show he cheated his ex-wife out of her share of the marital home; granting changes to a parenting plan that no one asked for; and, not letting a mother present her side of a child-custody case before ruling against her.

JUDGE SHOWS PIQUE, NOT MERCY

The reversals reflect concerns about Gundersen’s judicial demeanor, a constant source of complaints – almost always off the record – from lawyers who rely on her good graces to serve their clients and make a living. The judge has been known to assess attorney fees against the side that displeases her.

So it’s surprising that many lawyers have attached their names publicly to Alperstein’s, either through joining her 181-person host committee or by openly funding her campaign. A fair number of support personnel at the court are also among Alperstein’s 600 or so financial backers.

Gundersen seems to have no host committee and has far fewer public supporters. Among her dozen biggest, $1,000 contributors, none is a borrower lawyer. “I think I would have predicted that,” Wagner said.

Her critics say a Broward resident who’s about to lose their home – and isn’t a deadbeat – can expect no show of mercy from Gundersen. She thunders at and cuts off lawyers and non-lawyers who exceed their five-minute time limit at her busy motion hearings.

“I’ve seen her on the bench and I was stunned at her behavior, at how she treated people. It was appalling,” said a campaign consultant who spoke on condition of anonymity because of working on another, non-judicial race. The consultant isn’t advising Alperstein or Gundersen.

‘SHE JUST FOLLOWS THE LAW’

The consultant observed a Zoom hearing when Gundersen yelled at a young black woman who was trying to represent herself and save her home. “It was some of the most undignified behavior I’ve ever seen,” this observer said. “There’s no decorum.”

Speaking for Gundersen, Angione said she hasn’t seen the judge exhibit rude behavior and cautioned against confusing style with substance. “I think she just follows the law and wherever that falls is where it falls,” Angione said.

Only two of Gundersen’s Fourth District reversals involve foreclosure cases. The reason may be unrelated to her job performance, however. In order to mount an appeal, a borrower must put up a bond that is supposed to protect the lender’s interest in the house until the appellate court rules.

The judge sets the bond, which may be as high as the outstanding mortgage debt. A borrower who could find the money to pay the mortgage probably wouldn’t be in foreclosure in the first place.

“Judges know they won’t be appealed because the parties don’t have the money to pay the bond,” said a foreclosure defense lawyer who spoke on condition of anonymity for fear of retaliation. 

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ACTIONS FOR JUSTICE ( AXJ ) GLOBAL NEWS NETWORK.

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AAF : MILLIONS OF AMERICANS LOSING THEIR HOMES IN UNLAWFUL FORECLOSURES AND EVICTIONS IN THE USA!

AAF : NOTICE OF HEARING ON AUGUST 10, 2022
IN THE COUNTY COURT IN AND FOR MANATEE COUNTY, FLORIDA
HERITAGE VILLAGE WEST CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit corporation,
Plaintiff, Case # 2011 CC 3613
v. General Jurisdiction Division
UNKNOWN PERSONAL REPRESENTATIVE, SPOUSE, HEIRS, DEVISEES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS, TRUSTEES, AND ALL OTHER PARTIES CLAIMING BY, THROUGH, UNDER, OR AGAINST THE ESTATE OF AL KATZ, DECEASED, AND ALL UNKNOWN PERSONS OR PARTIES HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE, OR INTEREST IN THE PROPERTY LOCATED AT 4102 66TH ST. CIR. W. IN HERITAGE VILLAGE WEST CONDOMINIUM PHASE I; UNKNOWN TENANT 1 and UNKNOWN TENANT 2,
Defendants.
_________________________________________________
NOTICE OF HEARING ON AUGUST 10, 2022
Please take notice that on the 10th day of August, 2022, from 1:30 PM to 2:30 PM, the Defendants, Beverly R. Newman, Ed.D., Pro Se, and Lawrence T. Newman, Pro Se, will bring on to be heard the following Motions before Judge Jacqueline Steele, Manatee County Judicial Center, 1051 Manatee Avenue West, Bradenton, Manatee County, Florida:
Motion To Dismiss Amended Complaint with Prejudice Due to Plaintiff's Chronic Misconduct and Frauds upon This Court, filed on June 15, 2022
Motion To Declare the December 17, 2014, Order Null and Void and Defective Pursuant to Fla. R. Civ. Proc. 1.540(b)(4), filed on June 19, 2022
Motion To Dismiss for Additional Habitual Frauds upon This Court, filed on June 24, 2022
Motion To Compel Discovery Responses from Plaintiff Heritage Village West Condominium Association, Inc., filed on July 5, 2022.
One hour has been reserved for this hearing.
Zoom Credentials:
https://www.zoom.us/ Click “Join A Meeting”
Meeting ID: 972 1190 4967
Password: 258798
Audio only: 1 786 635 1003
Respectfully submitted,
/s/Lawrence T. Newman, sued herein as Tenant 1
Lawrence T. Newman, Pro Se
c/o 6007 Hillside Avenue, East Drive
Indianapolis, Indiana 46220
(317) 397-5258
/s/Beverly R. Newman, sued herein as Tenant 2
Beverly R. Newman, Ed.D., Pro Se
c/o 6007 Hillside Avenue, East Drive
Indianapolis, Indiana 46220
(317) 397-5258
AAF UNLAWFUL FORECLOSURE IN FLORIDA
AXJ USA COMPLAINT AGAINST CHILD PROTECTIVE SERVICES ( CPS ) IN THE STATE OF CALIFORNIA
UNLAWFUL FORECLOSURE HEARING IN FLORIDA TUESDAY MAY 10, 2022

Please join us Tuesday Morning May 10, 2022 in an unlawful foreclosure hearing where all parties have not been served.
UNLAWFUL FORECLOSURE ON CONDO IN FLORIDA

IF YOU ARE THINKING ABOUT BUYING A CONDO IN FLORIDA THINK AGAIN?
Lesa Martino Unlawful Eviction by Hillsborough County Sheriff Office bodycam video.
Points to be addressed:
Movers scheduled the next day for Feb 3
Ambush to steal personal property
John Hayter Esq. perjury to law enforcement at start of video
No notice of service
Docket manipulation proven 
Judge Emily Peacock rendered possession and break order on Feb 1
Hayter took 5 days or more to move personal property out of the 2900 sq ft home and it was not all taken to the McKay dump
Discovery with depositions of the drivers of the movers hired by Hayter will show evidence of theft
Killed the backyard hens
Cases involving similar situations allowed at least 24 hours to leave property
Martino was on the phone while getting dressed when locksmith and deputies broke into the home in less than 2 minutes
Phone log and witness will attest to the evidence of the ambush with surprise 
Judge Peacock recused herself due to bias
Affidavits fraudulent with hidden identity of the alleged felon Traci Samuel Hudson with real name Traci BRYANTON  as of Nov 4 2020!
Livelihood has been jeopardized due to the fraudulent libel slander lawsuit with interference 
Thank you,
Lesa Maria Martino, PharmD, CPh, CNA
AAF 11 YEAR OLD FORECLOSURE CASE IN FLORIDA
AXJ GLOBAL NEWS NETWORK INTRO
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