Exclusive Bombshell of Foreclosure Fraud – Full Deposition of TAMMIE LOU KAPUSTA Law Office of David J Stern







“I personally did not do it because I refused to do it.”

“I wasn’t going to falsify a military document.”

“I was told that that’s fine, somebody else on your team will do it.”


This just in and it is unbelievable!

We are neck deep in issues today so I do not have time to go through and highlight everything, and there is a lot, but here are some snips…




1                             STATE OF FLORIDA
2                             DEPARTMENT OF LEGAL AFFAIRS

3                             AG # L10-3-1145


5   IN RE:


8   ____________________________/








16                    12:11 p.m. – 1:58 p.m.
September 22, 2010
17                Office of the Attorney General
110 Southeast 6th Street, 10th Floor
18                Fort Lauderdale, Florida 33301


1 P R O C E E D I N G S
2 – – –
3 Deposition taken before Kalandra Smith, Court
4 Reporter and Notary Public in and for the State of
5 Florida at Large, in the above cause.
6 – – –
9 having been first duly sworn or affirmed, was examined
10 and testified as follows:


1 Q Let’s go to the assignments of mortgage. They
2 were prepared in-house?
3 A Yeah.
4 Q You’re smiling. You want to tell me about
5 them?
6 A Assignments were done sometimes after the
7 final judgement was entered.
8 Q Do you know why that is?
9 A Because that’s what we were directed to do


19 Q Can you tell me the execution of the
20 assignments, how it worked?
21 A Assignments were prepared again from the
22 casesum. All of our stuff comes from the casesum. They
23 would be stamped and signed by a notary or not. Per
24 floor we had a designated spot to place them and Cheryl
25 would come once a day and sign them.
1 Q Sign them as what?
2 A As —
3 Q For the bank?
4 A Correct.
5 Q Or for MERS or whoever it was for?
6 A Correct.
7 Q Would these notaries be there watching her as
8 she signed?
9 A No.
10 Q She would just sit there and sign stacks of
11 them?
12 A Correct. As far as notaries go in the firm I
13 don’t think any notary actually used their own notary
14 stamp. The team used them.
15 Q There were just stamps around?
16 A Yes.
17 Q And you actually saw that?
18 A I was part of that.
19 Q You did it? Are you a notary?
20 A No, I’m not.
21 Q Did you sign as a witness?
22 A I did not. I signed as a witness on one
23 document and after that I decided that I didn’t want to
24 put my name as a witness anymore.
25 Q Tell me about the stamps. You stamped them?
1 A Yeah, I had stamps. Each team had a notary on
2 them or notaries that I was aware of. Whether they were
3 or weren’t wasn’t —
4 Q You had stamps?
5 A Correct. We would stamp them and they would
6 get signed.
7 Q Stamp them in blanks?
8 A Yes.
9 Q Who would sign them?
10 A Other people on the team that could sign the
11 signature of the person or just a check on there or
12 whatever.
13 Q Was that common practice?
14 A Yes.
15 Q Was that standard practice?
16 A Pretty much.
17 Q What about the witnesses?
18 A Those would be signed by juniors who were —
19 Q Standing there?
20 A Here, sign this. It has to go to Cheryl, sign
21 it. Then it would go and sit at the desk where Cheryl
22 would sign everything.
23 Q Out of view of the notary and out of view of
24 the witnesses?
25 A Correct.
1 Q Do you know who implemented this procedure?
2 A Cheryl.
3 Q Cheryl did?
4 A Um-hum.
5 Q Did anybody else sign with the firm for the
6 banks?
7 A Yes.
8 Q Who was that?
9 A There were people that were responsible for
10 signing Cheryl’s name. Cheryl, Tammie Sweat, and Beth
11 Cerni. Those were the only three people that could sign
12 Cheryl’s name. If you ever look at assignments you’ll
13 see that they are not all the same.
14 MS. EDWARDS: What are the names again?
15 Cheryl, Tammie?
16 THE WITNESS: Tammie Sweat and Beth Cerni.
17 MS. EDWARDS: Could you spell that.
20 Q Did they practice Cheryl’s signature?
21 A I would assume so.
22 Q Did you ever see them?
23 A Not practicing but I’ve seen them sign it.
24 Q Did you see somebody sign Cheryl’s name?
25 A Yes.
1 Q That wasn’t Cheryl?
2 A Yes. All the time.
3 Q Did Cheryl know about this?
4 A Yes.
5 Q Was it at her direction?
6 A Yes.


16 Q Did anyone quit as far as you know due to the
17 practices?
18 A I’m sure but they wouldn’t come right out and
19 say I quit because of the practices. I know that people
20 had left because they were uncomfortable with the things
21 that they were being asked to do, as most of us were.
22 When it got really sticky there were a lot of us that
23 weren’t here.
24 Q What does really sticky mean?
25 A They wanted us to start changing the documents
1 and stuff and doing stuff that we weren’t supposed to be
2 doing as far as service.
3 Q What documents did they want you to change?
4 A Manpower documents. A lot of judges started
5 requiring, because of the Jane and John Doe issues,
6 required that you have a military search for all the
7 defendants. If you named a Jane and John Doe as an NKA
8 you had to pull a military search on them. Unless you
9 have somebody’s social security number technically you
10 can’t pull a military search supposedly.
11 The program that we used for the program that
12 we used, you could put in the main defendant’s social
13 security and John or Jane Doe’s name and it would give
14 us a military search saying that they were in the
15 military.
16 Q You would get their social security number
17 because the bank documents contained it?
18 A Correct. The lenders, the referrals had the
19 socials.
20 Q Did you put the social in on everybody to find
21 out their address for service?
22 A Not everybody. I personally did not do it
23 because I refused to do it. I wasn’t going to falsify a
24 military document. I was told that that’s fine,
25 somebody else on your team will do it.
1 Q What do you mean falsify a military document?
2 A Well, I’m using the main defendant’s social
3 security number on somebody else’s name, not his name.
4 John Doe and the main defendant was James, I was taking
5 James’ social security number and putting John Doe’s
6 name in there. I wasn’t but that’s what the practice
7 was. The judges started saying we’re not going to
8 consider service completed until —
9 Q There’s a miliary search?
10 A Correct.
11 Q So why wouldn’t they use the right social
12 security number for the right person?
13 A Because you don’t have a social for an NKA or
14 unknown tenant. They wouldn’t enter a final judgement
15 unless the military doc was there.
16 Q So you just used anybody’s?
17 A Correct.

9 A So what we had to do from that point, again
10 the affidavits were still split in two pages, at that
11 point we were supposed to be sending them back to the
12 banks to be signed now. The problem being that a lot of
13 times we wouldn’t get them back or executed in time for
14 the hearings. So we had what they called signature
15 pages that Tammie Sweat or someone else would have in
16 their possession. If we couldn’t get it back from the
17 bank executed in time we would just take a signature
18 page and put it on the affidavit.
19 Q What was on the signature page?
20 A The signature and notary from the bank.
21 Q Were these documents photocopied or were they
22 original documents?
23 A Some were photocopied.
24 Q How would you get that many from a bank
25 original? The bank supplied them to you.
1 A Well, what would happen would be like if I had
2 file A and that one didn’t go to hearing because there
3 was something wrong with it and file B was going to
4 hearing but it was the same bank, I would take the
5 signature page from A and give it to B.
6 Q Oh give it to another file?
7 A And just re-execute this file.
8 Q Okay. That was common practice?
9 A Yes, after Cheryl couldn’t sign.
10 Q Did Cheryl know?
11 A Yes.
12 Q Cheryl knew about all the practices because
13 she is the one who ran the office?
14 A She was the one who implemented them.
15 Q Were there any other activities or practices
16 over at David Stern’s firm that made you feel
17 uncomfortable or that you were unwilling to do?
18 A I don’t know how to answer that question.
19 It’s a loaded one.
20 Q Take your time.
21 A Yeah. Some of the things that were done there
22 just were not on the up and up.
23 Q Explain to me in as much detail as you can
24 what those things were.
25 A I don’t even know where to start with it.

Now that’s some BULLSHIT!






Full Deposition of Tammie Lou Kapusta Law Office of David J Stern
[scribd id=38890568 key=key-24i0fee1xl7ny3svnyj2 mode=list]

19 Responses to “Exclusive Bombshell of Foreclosure Fraud – Full Deposition of TAMMIE LOU KAPUSTA Law Office of David J Stern”
  1. Rebecca says:

    I know I came across three pages in my first equity loan paying off my home in full with three different names addresses two had same loan number and there was a note unsure why?
    Who knows if there’s more in there not mine Then I paid this loan off in full balloon payment
    Received letter with copy of paid in full different then my first that was micro filmed 1989
    They messed up I know this
    And when or how long does one wait for justice to be served Lockout foreclosure wrongs that showed many kinds of fraud
    This I do know!

  2. I want to be a BILLIONAIRE… so F’IN BAD…. FORGED – ALL – OF – THE – PAPERS – THAT – I – HAD!!!


  3. Benedict@Large says:

    There is a question of causality, but it seems that the demise of every empire in history has been accompanied by a breakdown of the rule of law. In every case, this breakdown is characterized by special exceptions for the rich; one set of laws for them, another for the poor.

    Our breakdown in the rule of law may not be causing the end of our empire, but it is most certainly accompanying it.

  4. sherifffruitfly says:

    Everyone who votes republican deserves this.

    Unfortunately those of us who don’t get caught by it as well.

  5. Randy Zapata says:

    My name is Randy Zapata and I have been a victim of Mortgage Fraud. The culprits were the Resmae Corp. and they passed me on immediately to The Wilshire credit corp. I also have a vicitm by The countrywide Corp Bank who passed me on originally to the Resamae Corp. I then victimized by the Smith, Hiatt & Diaz Law firm who represented the Wilshire Corp. They lied to the Courts and my property was seized because they covered their lie by Rule of ethnic which leaves a large gray-area that allows to do so . The Miami-dade Mortgage fraud Task Force who did nothing. The man that suggested them to me was Mr. McCollum, he also suggested the Florida Financial Regulation Board who found truth to my allegations but did nothing. the Florida Bar did nothing and the judges Qualifications commission did nothing about the Judges who allowed these frauds to happen and passed judgment for foreclosures. I have ended up filing charges with Attorney Generals office against Mr. McCollum and Mr. crist who would nothing. i recent found out that they investigating Mr. McCollum. I appreciate it to see them come to justice. Mr. Mcollum allowed these bogus loans to enter into Florida. The more victims that come forward, the more the chance that we may see justice sometime soon. We all have to file with Attorney Generals in order to have the Federal Government to get involved. We can not trust our local government or Lawyers or even the judicial system of Florida

  6. Dexter says:

    Just watched Season 5 episode 2 of Dexter, serious parallels to this story. David Stern clearly also operated under the ‘Just Take It’ mantra.

  7. Doug says:

    Damn !! some one is going to prison

  8. Don Carlos says:

    Ladies and gentlemen I implore you to please take the time to read the deposition in its entirety. I was absolutely astonished that this is happening in the United States of America in 2010. A country that holds itself up for others to envy when it comes to Law & Order! This is worse than the worse stories involving corruption and fraud even compared to what happens in Lagos, Nigeria.

    This was no clerical error or technicality as portrayed by GMAC. This was calculated, deliberate and systematic FRAUD orchestrated by the foreclosure mills to accelerate the foreclosure process. When the backlog began to increase exponentially the mills under the implicit directive of the banks pressured their employees to flagrantly break the law! And if they refused to comply with the illegal activities instituted by their superiors they would be replaced. This is VERY bad! I am still shaking my head in disbelief.

    David Stern and ALL his attorneys complicit in the FRAUD should all go to jail.

  9. rictic says:

    I read the deposition from beginning to end and the first thing I thought was “the judicial system in Florida is so corrupt, nothing will be done for the simple reason he knows too much”..

    Scary times ahead of us….

  10. lucy says:

    WOW !!!
    No wonder we couldn’t win our foreclosure case, we never had a chance.
    It was fraud from the beginning.

  11. mike says:


    Just finished the whole thing. Juicy all the way through especially at the end where she says Stern bought some of the foreclosed properties, the “Bible” and the girls he bought things for and the romances in the office.

    It’s been two weeks since the depo. I hope the warrants are being issued. He won’t be using that boat or living in any of those mansions where he needs to be going. Madoff was nothing compared to what Stern is doing.

  12. Pat Odor says:

    I just finished reading the deposition and as a Realtor with All USA Realty I cannot believe that owners were put out of their home by the legal system based on the illegal work did by this lawfirm and possible others. I hope they all go to jail or hell. I can see this problem extending our, what we call shake out, housing slow down for a long time. I had a closing scheduled for Oct 10 and this was for the purchase of a REO, bank owned property, and have just been notified by the listing agent that the closing has been prosponed for at least three months due to the Title Company could not issue title insurance.

  13. Alina says:

    OMG!!!! WHERE IS THE FLORIDA BAR???? WHERE ARE IS THE DOJ????? This is absolutely incredible. If I had read this depo without knowing where this all transpired, I would have ventured to guess that this person lived in a third world country where bribery is the call of the day.


  14. Mi Casa es Su Jail… I am sure he isn’t worried. I wouldn’t be if I was him… Mr. Stern is, for some reason, immune and above the law. Shame on you Florida Judicial System. Shame shame shame. Call Matt Weidner so he can ENLIGHTEN you as to what the law is, clearly you are a little rusty. God help us all.

    • leapfrog says:

      Tee-hee on the Mi Casa es Su Jail. I can’t believe the chutzpa of him and the other 3 foreclosure mills who are suing the Florida AG and telling him to stay “out of their business”. The business of FRAUD SERIOUSLY needs poking into by the authorities.

  15. Michael says:

    Stern – know what the problem is with using exact replicas — fake signature pages — rather than just robo-signed one’s? It’s much easier for computers to churn through lots of documents and find exact replicas. This oughta’ be fun.

Check out what others are saying...
  1. […] at the …………ahem………….Law Offices of David J Stern. (Policy and procedure manual here leaving much question regarding the authenticity and validity of any Stern […]

Leave a Reply

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