CORRECTION – BAM! Foreclosure Fraud – Homeowner NOT Awarded House, BUT Sanctions Granted, US Bank NA v Thomas Garner

Well, it looks like the info over at Weidner’s site was a little off although his statemens still stand as true…

This comes in from Matt Weidner…

BOMBSHELL- FREE HO– USE (sorry David J. Stern)!

The bombshells are going to start falling like infantry fire on a battlefield….there are consequences for lies and fraud and open deceit….

Judges can either ignore the blatant lies, fraud and deceit or they can enter the Orders just like this one.  If they enter Orders like this it will be a sign to the American people that there is some fairness and equity left in this country.  All it takes is a few mortgages being wiped out as a penalty for fraud and deceit before the world will really, really take notice of the battle we’ve all been fighting for so many years.

This is not just about fighting for individual homes in foreclosure, it’s about fighting for the heart and soul of America.  There must be some victory for the Common Man and Orders like this are it…

For more on Matt go here…

What really went down is still blatent Foreclosure Fraud but there was no “FREE HO– USE” in the deal…


On Thursday, October 28, 2010, Circuit Court Judge Patricia W. Cocalis granted sanctions against The Law Office of David J. Stern for failing to promptly dismiss a foreclosure action on a property that was already sold. Stern’s office, attorneys for lender U.S Bank as Trustee for the Benefit of the LX 2007-16N Trust Fund, filed a motion for summary judgment in the action back in August, 2010, a full three months after the property had been sold in a “short sale” i.e., one in which the bank agrees to accept less than the full amount due as payment in full.

Canty & Associates, the foreclosure defense firm hired by the homeowner to defend him in this suit, sent a letter and a proposed motion to David Stern’s office advising them that sanctions would be filed if the action was not withdrawn within 21 days, the amount of time that Florida law requires to be given before filing a sanctions motion.

After the 21 days passed, the Canty firm filed its motion for sanctions against Stern’s office, who responded by filing a Voluntary Dismissal with Prejudice a few days before the scheduled hearing date. This Voluntary Dismissal, in which the lender tried to declare itself the “prevailing party, was a blatant attempt at both avoiding sanctions and at the same time preserving the lender’s right to subsequently seek attorneys’ fees against the homeowner. It also allowed the possibility of another Complaint to be filed at some future date by stating that it was done “Without Prejudice.”

The Canty firm then moved to strike the Dismissal, dismiss the Complaint with prejudice and asked for sanctions to be given against David J. Stern’s office. Circuit Court Judge Cocalis granted the motion in its entirety, leaving the amount of sanctions to be determined at a later hearing.

From the order…

Defendant’s Motion for the Court to take Jurisdiction Over the Matter of Sanctions & Outstanding fees is GRANTED

Defendant’s Motion to Strike Plaintiff’s Notice of Voluntary Dismissal is GRANTED

Defendant’s Motion to Strike Plaintiff’s Motion for Summary Judgment is GRANTED & Dismiss Plaintiff Complaint WITH Prejudice is GRANTED

Defendant’s Request for an Order Requiring Plaintiff to File a Satisfaction of Mortgage and Cancellation of Lis Pendens is GRANTED and Plaintiff is required to provide proof that the Defendant’s Mortgage has been SATISFIED and the Lis Pendens is canceled

Defendant’s Motion for Sanctions is GRANTED and Plaintiff is Ordered to Pay Defendant (Reserved Pending Hearing)

Now that’s how you rule on a case…

Check out the order below…


I sure could use some…


Sanctions Granted Mortgage Satisfied US Bank NA v Thomas Garner

9 Responses to “CORRECTION – BAM! Foreclosure Fraud – Homeowner NOT Awarded House, BUT Sanctions Granted, US Bank NA v Thomas Garner”
  1. housemanrob says:

    Now! Let’s see these type of decisions become a contagious disease!

  2. pelucheven says:

    it is not a free home, this home and the satidlsfaction of the obligation came as result of litigation and the violations of the borrowers rights, pain and suffering as well as the frauds perpetrated against the people of florida and the USA.




  3. RetributionNow says:

    I think I need to hire that attorney now! And the judge is to be commended for not only having a backbone, but for realizing that Florida foreclosure statutes actually REQUIRE a judge to dismiss foreclosure proceedings in the event of fraud in the plaintiff’s paperwork.

    Next question — when are lawsuits like this going to start happening for all the millions of American who have already lost our homes to fraud? Is it fair that the only people beginning to get justice are the ones currently in foreclosure?

    No, it isn’t. We realize we may not be able to get our homes back, but we are certainly due compensation to the tune of all that we lost — some people put a lot of cash down and still lost their homes; some people did a lot of costly renovations and still lost their homes — we are due financial compensation for all that we have lost monetarily and in every other way.

    When is this going to become a priority issue?

    • juicejuice11550 says:

      @Retributionnow , I agree with you one thousand percent. Yes, people who already lost their home should be compensated for these crooks stealing their homes in a unlawful and illegal manner. My family was a victim of this fraud but GOD gave me the knowledge and wisdom to check and discover fraud and botched paperwork. I dugged deep and found fraud on top of fraud and submitted it to Supreme Court and was granted “Order to Show Cause w/TRO”….. I hope and will keep praying for the less fortunate because they can’t be forgotten about.

      • RetributionNow says:

        juicejuice, I’m interested to hear if you won your case. Do you mean the supreme court of Florida? I represented myself pro se in my foreclosure proceedings and was able to hold off the Florida Default Law Group for 11 months, but they wore me down and I was foreclosed on in June 2008. If I had known then what I know now, I would have appealed and WON. I felt like I was the only one at that time, sitting by myself in that small room with the judge on the PHONE with the “attorneys” (were any of Sterns’ people really attorneys? you have to wonder…), and I even pointed out to the judge himself the Florida statute that says he has the responsibility to dismiss a foreclosure proceeding if fraud can be proved on the part of the plaintiff, and I had done an extensive amount of research and proved in my objections that they had committed fraud. But the judge ignored me.

        So I am really interested to know if you won your case with the supreme court and what came of it. I’m sure others who might visit this website would be interested too.

        Thanks 🙂

    • juicejuice11550 says:

      @RetributionNow – We’ve been in foreclosure since 2008 as well. But we’re in New York and after the judge granted the motion she gave the Plantiff’s 2 weeks to show why she shouldn’t grant the overturn and dismissal with prejudice. So it’ll take 3-4 weeks to get the Supreme Court decision (in about another 2-3 weeks). in my case I not only wrote letters but also submitted all the fruadulent paperwork along with exhibits proving fraud to every state and US Government I could think of as well as to the OCC. They are not going to wear me down because I have GOD on my side and a hell of a fight in me. If you knew then what you know now you could of stayed in your home just as we did and fight these devils back. It’s not about getting a free house, it’s about them not getting a free house fraudulently, a house they’re not entitled to.

    • Linda says:

      Can’t you get your home back if there is fraud in every closing document, in particular the note and deed, which voids the alleged loans from inception. There is mass fraud in every transaction and document in the securitization, origination, processing, servicing fraud, fraudulent claims of delinquency, default, and finally illegal foreclosure which is based on mass fraud. If some purchased you foreclosed property, they can’t have clear title, as the property still belongs to the homeowner foreclosed on, it seems to me.

  4. J Glenn Lowe says:

    Wow! Someone finally found a judge who has not been bribed by the Banksters!

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