Full Deposition of the Infamous Erica Johnson Seck RE: Indymac Federal Bank Fsb, Plaintiff, Vs. Israel a. Machado – 50 2008 CA 037322xxxx Mb

“The Sanction of Dismissal is Warranted in this Case.

As shown in the discussion above, the BANK has filed many documents with the Court in complete disregard of the truth or falsity of their factual underpinnings. Under the Court’s general civil contempt powers, the Court is authorized and entitled to sanction the BANKS’s misconduct. As summarized by the Fifth District in Robinson v. Weiland, 988 So.2d 1110 (Fla. 5th DCA 2008):

Pretrial discovery is not intended as a game. Many trial judges throughout this state have bemoaned the tactics of the minority of lawyers and parties that abuse
the discovery process. See The Fla. Bar v. Miller, 863 So.2d 231 (Fla.2003) ordering one-year suspension of attorney who deliberately concealed his knowledge of client’s receipt of EEOC’s right-to-sue letter); The Fla. Bar v. Rood, 569 So.2d 750 (Fla.1990) (concealing expert’s memorandum and causing clients to sign false answers under oath warranted attorney’s one-year suspension); Mercer v. Raine, 443 So.2d 944, 946 (Fla.1983) (affirming sanctions of striking
defendant’s answer and entering default judgment for discovery violations when defendant “knew what was going on” and had “total disregard for the consequences” of pending action); ….

As this court has stated:

The integrity of the civil litigation process depends on the truthful disclosure of facts. A system that depends on an adversary’s ability to uncover falsehoods is doomed to failure, which is why this kind of conduct [fraudulent concealment of facts] must be discouraged in the strongest possible way. See also Channel Components, Inc. v. America II Electronics, Inc., 915 So.2d 1278 (Fla. 2d DCA 2005).

Trial courts have “the right and obligation to deter fraudulent claims from proceeding in court.” Savino v. Fla. Drive In Theatre Mgmt., Inc., 697 So.2d 1011, 1012 (Fla. 4th DCA 1997). This is because “[o]ur courts have often recognized and enforced the principle that a party who has been guilty of fraud or misconduct in the prosecution or defense of a civil proceeding should not be permitted to continue to employ the very institution it has subverted to achieve [its] ends.” Hanono v. Murphy, 723 So.2d 892, 895 (Fla. 3d DCA 1998). Where a party perpetrates a fraud on the court which permeates the entire proceedings, dismissal of the entire case is proper. Desimone v. Old Dominion Ins. Co., 740 So.2d 1233, 1234 (Fla. 4th DCA 1999).

Here, Plaintiff and Plaintiff’s counsel misled the Court about the real party in interest in the case; and 2) engaged in extensive discovery abuse to obstruct revelation of the
known falsities in the complaint – a “flagrant abuse of the judicial process” worthy of severe sanctions. See Martin v. Automobili Lamborghini Exclusive, Inc., 307 F.3d 1332 (11th Cir. 2002). Dismissal for fraud is appropriate where “a party has sentiently set in motion some unconscionable scheme calculated to interfere with the judicial system’s ability impartially to adjudicate a matter by improperly influencing the trier of fact or unfairly hampering the presentation of the opposing party’s claim or defense.” Cox v. Burke, 706 So.2d 43, 46 (Fla. 5th DCA 1998).

The Court is also empowered to sanction counsel for its role in the litigation misconduct. The Court is entitled to expect Plaintiff counsel’s compliance with Section 57.105 Florida Statutes which prohibits parties and their attorneys from presenting claims that are not supported by the material facts. The Court may also expect counsel’scompliance with Rule 2.515(a) of the Rules of Judicial Administration, which provides that “[t]he signature of an attorney shall constitute a certificate by the attorney that the attorney has read the pleading or other paper [and] that to the best of the attorney’s knowledge, information and belief there is good ground to support it…” Id. Additionally, the Court may expect that officers of the court comport themselves with the Rules Regulating the Florida Bar which prohibit a lawyer from asserting an issue without a factual basis. Rule 4-3.1 Meritorious Claims and Contentions. (Comment: “What is required of lawyers…is that they inform themselves about the facts of their clients’ cases…”).

In addition, the above-chronicled misconduct constitutes “unclean hands” on the part of the owner of the subject note and mortgage. “A foreclosure action is an equitable proceeding which may be denied if the holder of the note comes to the court with unclean hands or the foreclosure would be unconscionable.” Knight Energy Services, Inc. v. Amoco Oil Co., 660 So.2d 786, 789 (Fla. 4th DCA 1995).”

4closureFraud
http://4closurefraud.org/

Full Deposition of Erica Johnson Seck

Comments
21 Responses to “Full Deposition of the Infamous Erica Johnson Seck RE: Indymac Federal Bank Fsb, Plaintiff, Vs. Israel a. Machado – 50 2008 CA 037322xxxx Mb”
  1. Ray Shelton says:

    Ray Shelton May 19, 2014 at 7:49 pm
    If you are being foreclosed on By US Bank and or SN Servicing ( Please No Other banks or services please) Please check the signatures on your deed in your county clerks office, if you are sure that forgery or falsification of your documents has taken place then call me ASAP we are going after anyone who has wrong us by forgery and or uttering forgery under the RICO ACT. This is happening now 2014 Please join us. call 352 274 8467 Ray Shelton
    #1. Did A Serious Crime of forgery and Uttering forgery take place by US Bank and their attorneys against you ?
    #2. The OCCs Cease and desist order signed by US Bank and its Board of directors specifically says that US Bank and its third parties ( Servicer’s and attorneys) will stop this kind of criminal activity immediately and make restitution, but they have only escalated their activities of illegally taking homes in Florida via Forgery and falsifying documents etc.:

    MEDIA STORY LINE. A Well known highly respected Florida Notary and his wife who witness the signing of a deed and mortgage have come forward and signed a statement sworn under oath that the signatures on a deed and mortgage were originally signed in Royal Blue. They even went to the Marion County Clerk of the Court and had another notary witness the fact that they viewed the recorded deed and mortgage that was submitted by US Bank and then witnessed that the documents were not sign in Royal Blue. But in fact were signed in Black. It is clear by any reasonable person or most important by Law Enforcement and our Judges, that after US Bank claimed a lost note status for a couple of years, they had no choice but to forge the deed and note in order to have standing in court.
    The Shelton family is being illegally foreclosed on by US Bank who has already paid out multi million dollar fines, but no one has gone to jail. Who is actually committing these crimes? Was it DocX or LPS or is it their attorneys? This needs to be discovered and prosecuted by the Feds because it is a very serious issue that is costing the American public billions of dollars in loses. It apparently doesn’t matter to US bank that the homeowner is right or wrong because no normal family can stand up to the money that is used to win by attrition against a homeowner. Who will protect the public and stop the destruction of hundred of thousands of families lives all across this nation?
    This is also very wrong because Us Bank and their attorneys may be undermining the integrity of our entire Justice system and the American way of life as it is known today. Will it end up that it is ok to forge our most treasured document without any prosecution by our government? This is becoming a crime wave that is unparalleled in history and America must stop it. Have Multiple interstate crimes been committed multiple times By US Bank and their attorneys ? Should these issues be considered within the Rico Crimes Laws. US Bank has not stopped their behavior, are the fines way to low and they just don’t care because the numbers prove that they can still make huge profits by continuing on the same path? Where is Law Enforcement? Where is Eric Holder? Where is OBAMA???
    The Shelton Family didn’t discover the facts about the forgeries until they had already lost in every court even the appeals court. Now that they found out and have proof of forgery shouldn’t all the other ruling be null and void? The Shelton’s are filing a Civil Criminal Lawsuit against the attorneys Andrew Braaksma and Paul McKenna and another Civil Rico law suite against US Bank and SN servicing.
    The Shelton’s have filed a bar complaint with the Florida bar against Andrew Braaksma out of Miami and his partner Paul Mckenna for Uttering Forgery and other reasons to be announced. They have also filed a complaint with the FBI and with the Florida Attorney General. They will soon ask the Office of State wide prosecution to take the case. There will also be some press conferences set up to expose the Miami Attorneys and US Bank. Shouldn’t this case be moved up to the Federal courts and demand relief and for the prosecution of the Miami Attorneys and US Bank? To join us please call 352 274 8467 Ray Shelton

  2. Ron Moss says:

    My case against MortgageIT and IndyMac see case #31540403 with FTC, MortgageIT was still owned by GMAC

  3. DM says:

    Does anyone know how to obtain documents that do not offer a download option? i.e. the Erika Johnson Depo & Sanction for dismissal.

    Thanks

    DM

Trackbacks
Check out what others are saying...
  1. […] by fraud. Erica Johnson-Seck, a clamp boss of foreclosure and failure for OneWest, explained in a July 2009 deposition that she “robo-signed” 6,000 foreclosure-related papers per week, spending usually 30 seconds […]

  2. […] Erica Johnson-Seck, a vice president of foreclosure and bankruptcy for OneWest, explained in a July 2009 deposition that she “robo-signed” 6,000 foreclosure-related documents per week, spending just 30 seconds […]

  3. […] by fraud. Erica Johnson-Seck, a clamp boss of foreclosure and failure for OneWest, explained in a July 2009 deposition that she “robo-signed” 6,000 foreclosure-related papers per week, spending usually 30 seconds […]

  4. […] Erica Johnson-Seck, a vice president of foreclosure and bankruptcy for OneWest, explained in a July 2009 deposition that she “robo-signed” 6,000 foreclosure-related documents per week, spending just 30 seconds […]

  5. […] Erica Johnson-Seck, a vice president of foreclosure and bankruptcy for OneWest, explained in a July 2009 deposition that she “robo-signed” 6,000 foreclosure-related documents per week, spending just 30 seconds […]

  6. […] Erica Johnson-Seck, a vice president of foreclosure and bankruptcy for OneWest, explained in a July 2009 deposition that she “robo-signed” 6,000 foreclosure-related documents per week, spending just 30 seconds […]

  7. […] Erica Johnson-Seck, a vice president of foreclosure and bankruptcy for OneWest, explained in a July 2009 deposition that she “robo-signed” 6,000 foreclosure-related documents per week, spending just 30 seconds […]

  8. […] they are somehow, someway involved in the stories and references featured here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, or […]

  9. […] nail not to let the depositions happen but when the Judge allows them we end up with gems like the Full Deposition of the Infamous Erica Johnson Seck, the Full Deposition of Angela Nolan Robo Signer at Chase Home Finance and the Full Deposition of […]

  10. […] they are somehow, someway involved in the stories and references featured here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, or […]

  11. […] they are somehow, someway involved in the stories and references featured here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, or […]

  12. […] to the Massive Pernicious Frauds , see  here,  here, and here, along with these depositions here, here, and here,  added by 4closurefraud) is to bring this information to the attention of your […]

  13. […] Ice is clearing the path once again. First the Erica Johnson-Seck deposition, now Cheryl Samons (which may have been responsible for more Floridians losing their homes  than […]

  14. […] the role she (and others?) played in the creation of similar documents in her deposition that is posted here … (takes a moment to […]



Leave a Reply

Your email address will not be published. Required fields are marked *