Foreclosure Fraud – Fraud on the Court – Bank of America vs Julme CACE09-21933-05

A Smith Hiatt and Diaz case in Broward County Florida…

Some short background information on this pleading, it’s an emergency motion to cancel a final sale based upon Fraud on the Court.  This client came to us a month before his final sale date, and already had a default and a final summary judgment entered against him.  Besides non-compliance with the pooling and servicing agreement, we uncovered notary fraud (see paragraphs 1-4 and attached exhibits) and a fraudulent assignment and endorsement of a note that was dated in January of 2006, to U.S. Bank National Association, as successor Trustee to Bank of America, National Association as successor by merger to LaSalle Bank, N.A..  However its interesting to note that Bank of America didn’t take over LaSalle Bank until October of 2007, over 1 and 1/2 years later!  (see paragraph 17 and attached exhibits).   Once the ‘pretender lender’ received our motion they immediately called us and canceled the sale, and we haven’t heard back from them since.  We are waiting to have our evidentiary hearing for Fraud on the Court.

Matis H. Abravanel, Esq.

Bank of America vs Julme CACE09-21933-05

4 Responses to “Foreclosure Fraud – Fraud on the Court – Bank of America vs Julme CACE09-21933-05”
  1. lisamarie says:

    It’s scary when you think about all the thousands of homes that were foreclosed on illegally. The fraudsters need to have the book thrown at them. Stop the madness now before the banks do any more title damages. Every home taken illegally needs to be given back to the home owner and the bank should be prosecuted to the fullest extent of the law!

  2. laurel zyvoloski says:

    Excellent! Take all the extortionists down with them – they are all guilty…

  3. And so, if the attorney hadn’t been hired, this home would have absolutely been stolen by US Bank and/or Bank of America.

    And the propaganda machine would have us all believe that the borrower deserves such a fate because she probably isn’t paying US Bank/Bank of America. But, darn it all, US Bank/Bank of America doesn’t have the right to collect mortgage payments, let alone foreclose!

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  1. […] too.  What is that message?  It is all about winning at all costs; doing whatever is necessary; fraud on the court is irrelevant because it is all about getting rid of the cases as fast as you can.  It truly is […]

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