Foreclosure Fraud of the Week – David J. Stern ESQ / Cheryl Samons Assignment of Mortgage – No Signature, No Problem!

Sorry I haven’t been keeping up with this little “game.”

Can you believe there has been so much other fraud going on that I haven’t had the time?

Anyway, each week when I have the chance, we will be taking ten random foreclosure cases out of the Palm Beach County court house and picking out the one that has the most fraudulent document in the file.

Be it a Pleading, a BOGUS Assignment, Fabricated Notes, a Forgery, or an Assistant Attorney General that works for both the AG Office and a Foreclosure Mill at the same time…

No Signature, No Problem

Below is an Assignment of Mortgage that was produced by David J. Sterns office.

There are quite a few interesting points to this document.

First and foremost, I would just like to state it is just like all the other assignments that are produced by the mills to create their own evidence to foreclose, so nothing new here…

What makes this particular assignment interesting is how it is filled out.

You see, according to Cheryl Samons’ Deposition, she sits down next to the notary, signs the document, then it gets witnessed, then it gets notarized;

14 BY MR. ICE:
15 Q. Can you describe for me the process in
16 which you execute these documents?
17 MR. BAKALAR: Which documents? Objection.
18 THE WITNESS: He’s talking about
19 assignments, yeah. The assignments are placed in
20 a specific designated area within the floors that
21 I handle and periodically, throughout the day,
22 when I have time, I grab a notary and I go to that
23 specific area and I sign and notarize. Then they
24 are picked up and delivered back out to the proper
25 personnel.
1 BY MR. ICE:
2 Q. Is this area that you are describing is
3 this a room?
4 A. On the fifth floor it’s a room. On this
5 floor it’s a table.
6 Q. Are those the only two floors that you have
7 documents for?
8 A. Currently, yes.
9 Q. How many floors does the firm have here?
10 A. There are three floors — four floors in
11 this building and then one floor in the other building.
12 Q. So when you go into the room or up to the
13 table, there is a stack of documents waiting there for
14 you?
15 A. Yes.
16 Q. And you sit down, the notary sits down next
17 to you?
18 A. Uh-huh.
19 Q. Is that a yes?
20 A. Yes. Sorry.
21 Q. You sign, hand it over to the notary?
22 A. Yes.
23 Q. The notary notarizes it?
24 A. Yes.
25 Q. For the ones back when you had witnesses,
1 is the witness in the room there with you?
2 A. They were, yes.
3 Q. Did they sign before the notary signs or
4 after?
5 A. Before.


So, if that was truly the process how did this particular assignment get witnessed AND notarized WITHOUT Cheryl Samons’ signature…

Hmmm…

It is also curios that the date of the assignment is effective March 3rd, 2008, just before the Lis Pendens, but it was not filed until November 24th 2008.

If I remember correctly this is a serious offense under Florida Statue 117.105.

117.105  False or fraudulent acknowledgments; penalty.–A notary public who falsely or fraudulently takes an acknowledgment of an instrument as a notary public or who falsely or fraudulently makes a certificate as a notary public or who falsely takes or receives an acknowledgment of the signature on a written instrument is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

From previous experience, when there is one of these documents as described above, there are hundreds…

Happy Hunting!!!

~

4closureFraud

David J. Stern ESQ / Cheryl Samons Assignment of Mortgage


Comments
11 Responses to “Foreclosure Fraud of the Week – David J. Stern ESQ / Cheryl Samons Assignment of Mortgage – No Signature, No Problem!”
  1. izraul says:

    By the way… McCarthy & Holthus are the David J. Stern of California. They own Quality Loans, and anybody dealing with them needs to check and verify everything. File complaints and have them investigated if you find fraud.

  2. izraul says:

    JPMorgan Chase, US Bank, Quality Loans and McCarthy & Holthus are using fabricated documents with fake notaries and/or robo -signer employees. After all that has happened and been revealed, these people have the audacity to ignore the law and try to continue the fraud. I will post the new signer names.

  3. ms. brown says:

    I too am having some of the same fraudulant problems, with attorney stern’s office. Recently i was under agreeance with citi mortgage, for a shortsale when i recieved a foreclosure notice. the office of mr. stern alegedely stated that they offered a mediation & citimortgaged offered a solution(modification) & we(the clients) refused. When in fact we never recieved nothing more than a summary for final judgement. We filed 3 applications for modification with no results as of yet(strangely our paperworks are never found via e-mail,fax, or postal service. We need advice.

  4. thalia says:

    Cheryl samons is a liar!!! There were NEVER any notary when she signed documents on the 4th floor. How dare she lie. I sat on the fourth floor, the documents were were on a long table behind my cubicle so when Cheryl came over, she always came alone and she signed over 100 files. Then she would go to the next floor and do the same. When she was finished, a mass email would go out for the paralegals to come pick up there files. There were never any witnesses either. Notary stamps were tossed around that office and it was the norm. In fact, ppl would often turn to their neighbors and ask “are you a notary?” This would continue until someone said yes.

  5. James M says:

    Better yet, here is a case where the Judge rules assignment executed by Cheryl Samons is fraudulent and could not have been executed on the date shown, because, as the bonding company testified, the notary stamp was not issued until months later. Court found FL Notary stamps only being good for 4 years therefore the stamp could not have existed on date of execution, and Court found the assignment was fraudulently backdated.

    http://online.wsj.com/public/resources/documents/HarpsterCase.pdf

  6. 4F? Happen to notice that both the grantor and the grantee have the same address? How odd! But again, ho hum, that’s so commonplace as to be boring by now.

    Not to mention that the grantor and grantee are at the same SC address, and MERS is in TX or VA, and this document is notarized (joke as it may be) in FL, where David Stern’s foreclosure mill employs Cheryl Samons.

    ForeclosureHamlet.org

  7. Capt. Jack says:

    This will be included in my open letter to FTC, OCC, FDIC, FL Supreme Court, FL Bar, FL AG, etc.

    Who am I leaving out?

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  1. […] in support of summary judgment are pure, unadulterated hearsay and should be stricken.  Yes, these Assignments of Mortgages drafted and signed by the Plaintiffs’ attorneys and employees are likewise suspect – not to […]



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