Mortgage Assignment Fraud – Law Office of David Stern Commits Fraud on The Court – Case Dismissed WITH Prejudice

U.S. Bank National Assoc., as Trustee v. Ernest E. Harpster Sl-2007-CA-6684-ES

Via Matt Weidners Blog

Well well well…

Looks like an Assignment of Mortgage was FRAUDULENTLY created by David Stern’s office and signed by Cheryl Samons. Who woulda thunk…

“By now the fact that foreclosure mills, pretender lenders and their document mills across the country are perpetrating widespread and systemic fraud on the courts is not news.  Well sure major questions remain unanswered such as what will be the ultimate price of all this fraud…as reported previously much of this fraud will go unpunished because much of the evidence is apparently being sent back to the law firms that commit the fraud. (In violation of court rules)  But so much is sliding by these days.

We all must do everything we can to bring fraud to the court’s attention and to preserve the evidence when it is found.  Attached here is the brilliant work of a Foreclosure Fraud Fighter, Ralph Fisher of Tampa, Florida who shows us what the courts are willing to do when a good attorney makes AND PROVES a case of fraud…..Case dismissed WITH PREJUDICE“.

From the order

The hearing time was set for March 1, 2010 at 3 p.m.  for a 20-minute hearing but the Plaintiff  failed to appear.

after sounding the halls and after awaiting telephonic communication from  the Plaintiff. The Plaintiff  still failed  to appear. An assistant for Plaintiff  s counsel called at about 3:44 p.m.  to  find out the outcome of  the hearing.

Motion to Compel, the court finds  that the Plaintiff  has failed  to produce answers to  the Interrogatories for a period of  26 months

The Defendant’s Motion in  Limine/Motion to  Strike was based on an allegation that the Assignment of Mortgage was created after the  filing of  this action, but the document date and notarial date were purposely backdated by  the Plaintiff to a date prior the filing of  this foreclosure action.

The Assignment, as an  instrument of  fraud  in  this Court intentionally perpetrated upon this court by the Plaintiff, was made to appear as though it was created and notorized on December 5, 2007. However, that purported creation/notarization date was facially  impossiblethe stamp on the notary was dated May 19,2012. Since Notary commissions only last four years in Florida (see F  .S.  Section 117.01  (l  )), the notary stamp used on this instrument did not even exist until approximately five months after the purported date on the Assignment.

The court specifically finds  that the purported Assignment did not exist at the time of  filing of this action;  that the purported Assignment was subsequently created and the execution date and notarial date were fraudulently backdated, in a purposeful, intentional effort to mislead the Defendant and this Court. The Court rejects the Assignment and finds  that is not entitled to introduction in evidence for any purpose. The Court finds  that the Plaintiff does not have standing to bring its action.

IT IS THEREFORE. ORDERED AND ADJUDGED THAT:

The Motion to Compel is granted. As a sanction for egregious failure to comply with discovery Rules the Plaintiff  shall be prohibited from presenting the alleged Promissory Note to  this Court.

The Plaintiff  shall be prohibited from introducing into evidence the alleged Promissory Note.

The Plaintiff’s recording and filing regarding the fraudulent Assignment of Mortgage is  stricken, and the Plaintiff  is prohibited from entering the Assignment of Mortgage into evidence.

The Motion for Rehearing of Defendant’s Motion to Dismiss is granted and the Motion to Dismiss is granted. The Plaintiff’s complaint is dismissed with prejudice, based on the fraud intentionally perpetrated upon the Court by the Plaintiff.

Moral to the story… ALL assignments are FRAUDULENT.

CHALLENGE EVERYTHING!

4closureFraud

U.S. Bank National Assoc., as Trustee v. Ernest E. Harpster Sl-2007-CA-6684-ES

Comments
17 Responses to “Mortgage Assignment Fraud – Law Office of David Stern Commits Fraud on The Court – Case Dismissed WITH Prejudice”
  1. Sun Kim says:

    Mortgage fraud federal New Jersey camden court need 225 motion

  2. Lachlan Grey says:

    Dear 4closurefraud,

    I’m writing in an attempt to raise awareness of the countless thousands of families nationwide, many of them Military Veterans like myself, who are having their lives destroyed and their homes literally stolen by “Big Banks” through illegal foreclosures and fraudulent mortgage servicing practices that continue to this day.

    These banks, on the rare occasions when they are called out for their illegal acts, are slapped on the wrist with small fines which do nothing to make whole the people who have lost their homes, their financial viability, and in many cases their health as a result.

    Frankly I’m at a loss for why there isn’t more publicity surrounding this. The media is effectively complicit with their silence.

    In addition to our attempt to raise the overall awareness of this national criminal tragedy, we’re trying to publicize our own ongoing Battle with Bank of America.

    We’re seeking help in order to raise the money we need to have any chance of winning our case which is currently in the New Hampshire Supreme Court.

    We thought perhaps you could help us get the word out.

    Great thanks in advance, and please share this story with as many people as you possibly can.

    Please contact me via my GoFundMe site with any questions or further information.

    The Grey Family

    http://www.gofundme.com/Make-The-Bank-Pay

  3. John Scura says:

    Recently obtained the deposition of American Home Mortgage Servicing, Inc. employee, Jose Colon. With securitized trusts and attempted late assignments, the banks will have great difficulty proving chain of ownership. See link below.

    http://www.scuramealey.com/blog/2011/07/banks-cannot-prove-chain-of-title-of-mortgage-and-notes-with-securitized-trusts.shtml

  4. Debby Reagan says:

    US Bank National is foreclosing on me. My mortgage was through Countrywide. I had CW, US Bank Nat AND Bank of America, all THREE, coming after me, all at the same time, saying they’re going to foreclose! Only US Bank has gone to court. I have found robo-signers, the mortgage assignment from MERS to US Bank dated 17 months AFTER the trust fund’s closing date, and then another assignment done 2 years later from US Bank to US Bank (they assigned it to themselves?) all after a discharge of the mortgage just before it was sold to the trust fund! I have found so many issues of fraud regarding my property, that I have filed a counterclaim in my case. I even found where the SAIL trust fund says my mortgage is paid in full!! Here is my counterclaim: http://debbyreagan.files.wordpress.com/2011/04/counterclaim.doc … I haven’t scanned all of the exhibits yet but am working on it. I filed a motion for the court to to compel the plaintiff to produce the original “wet ink” mortgage loan note and original security instrument/deed of trust in November of 2010. I then filed at the same time, a motion for a show cause hearing so they could bring these documents. For 5 months, absolutely nothing. 2 days AFTER I filed my counterclaim (and it was received via certified mail by the plaintiff), the court suddenly schedules a PRETRIAL/STATUS hearing for June! Very co-incidental? Then, the plaintiff files a motion to appear telephonically at this hearing. I filed an objection stating since there are grave concerns as to whether the plaintiff has standing and is holder in due course that I request the court to stand by its original demand for personal appearance so the court and I can face the plaintiff and examine their documents and materials to decide if there is sufficient proof to move to trial. That is where it stands now. So, here in Maine, we have the same issues Florida has. I’ll be writing about this on my blog. Let’s hope for justice here in New England too!

  5. Joe says:

    My wife and I have a serious problem because no one pays ant attention to our mortgage foreclosure case in Deutsche Bank National Trust Company v. Meredith Macon et al. Case No. 2007-CA- 014491-O, which is pending in the Ninth Judicial Circuit in and for Orange County, Florida because we are Pro se litigants. What is relevant here is that Deutsche Bank’s attorney David G. Cornell, Esquire, from the Law Firm of Ben-Ezra & Katz, P.A. filed a fraudulent Assignment of Mortgage without the Lost Note some months after the lawsuit was filed and refused to show up for a hearing on his own Motion for Summary Judgment desipe protracted efforts by the then presiding judge, when we asserted the affirmative defenses of fraud, fraud upon the court, clean hands and lack of standing et cetera. Ezra Scrivanich, Esquire, Ben-Ezra & Katz, P.A. who replaced David Cornell has been filing motions or other papers which contain utterly, completely implausible and insupportable argument withou and basis in law or fact, with the intent to deceive or mislead the court and increase the costs of litigation. Mr. Scrivanich has also filed an affidavit regarding matters which occurred between October 2007, and November 2009, in light of the fact that he was not substituted and filed his first motion or other paper on May 3, 2010. Deutsche Bank has been in default on the counterclaims for not filing a responsive pleading, and relinquishe its right to rebut or refute the affirmative defenses, and there are no material facts any longer in dispute since November 23, 2009, becuause all matters are deemed admitted against Deutsche Bank. The problem we have is that the replacement judges are protecting the interest of Deutsche Bank and the law firm of Ben-Ezra & Katz, P.A. and have ignored the fraudulent Assinment of Mortgage and other pleadings and papers filed by the attorneys besides becoming spokespersons for Deutsche Bank and Ben-Ezra & Katz, P.A.

  6. JL Meal says:

    Check into Mealer v GMAC (GM) (Arizona and Federal Court as well) for some serious tortious interference, trade libel and conspiracy that the courts are refusing (so far) to hear from one conglomerate automaker (GM) over another new automaker Mealer Companies LLC.

  7. Pamalla Woods says:

    Buyers purchasing foreclosed properties who close at David Stern’s office need to beware of Indemnity Agreement they are required to sign at closing. The agreement pretty much negates the purpose of getting title insurance. It makes the buyer liable for mistakes made by David Stern’s office when it comes to closing the transaction. It also releives the seller from any and all liability as well.

  8. Evette Douglas says:

    In regard to fraudulent assignments. I requested verification of debt on 1/25/10 Saxon responded with a letter dated 4/1/10 that no need to call THEM but they are ethical and will get back to ME?? But Foreclosure being accerlerated with NO RETURN Phone Calls.

    Please call me if possible ASAP 423-760-9800 Currently pending foreclosure scheduled 4/19/10

    Thank You

  9. pj says:

    And his company gets listed on NASDQ… how many judges are invested in this firm?????

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