$10,000 a Day | MERS Motion for Sanctions for Violating Court Order by Refusing to Produce William Hultman for Deposition

Time: March 4, 2011 from 8:30am to 9pm
Location: Dade County Courthouse Room 14-1
Street: 73 West Flagler Street
City/Town: Miami, FL 33480
Event Type: hearing
Organized By: Court & Ice Legal

Daniel C. Consuegra, Esq.
9204 King Palm Drive
Tampa,  FL  33619-1328
(813) 915-8660 

Plaintiff’s counsel

Robert Brochin, Esq.
5300 Wachovia Financial Center
200 South Biscayne Blvd.
Miami, FL 33131

Counsel for Defendant MERS


Miami Judge instructed MERS to produce Mr. Hultman for a depo.

Mr. Hultman REF– USED to appear.

This is the hearing where the judge will be informed about MERS’ contempt of court.

What is classic about this motion is the defense attorney from Ice Legal used MERS’ own language about not following the rules and what the penalties would be for not doing so.

From MERS Rules of Membership…

Effective June 1, 2006, the Member shall be sanctioned $10,000.00 per violation for commencing a foreclosure in Florida in the name of MERS.

The way I see it is if MERS feels $10,000 per violation is a reasonable fine for not “following the rules”, then they shouldn’t have a problem with a $10,000 a day sanction since each passing day of not producing Mr. Hultman for deposition is a violation of the courts order…

Actually, if you really think about it, the sanction should be more for violating a court order than it should be for violating a company policy, right? We wouldn’t want to send a message to the banks and their minions that it is okay to violate court orders and that the punishment less than an internal company policy, would we?


From the motion…

Defendant, ENRIQUE FABRE, (“FABRE”), hereby moves to compel compliance with  this Court’s Order dated February 3, 2011, ordering Defendant, MORTGAGE ELECTRONIC  REGISTRATION SYSTEMS, INC., (“MERS”) to produce its Vice President, William Hultman,  for deposition.  FABRE moves for said relief on an emergency basis due to his suspicion that MERS is attempting to stall its required compliance with this Court’s Order until such time as Mr. Hultman no longer works for MERS.  FABRE further moves for sanctions as deemed appropriate by the Court, including but not limited to a fine of $10,000 a day until Mr. Hultman is produced for deposition in compliance with the Court’s Order.  In support thereof, FABRE  states as follows:

Despite this Court’s Order, MERS’ Counsel Refuses to Produce HULTMAN for Deposition

FABRE has been seeking the deposition of William Hultman  (“HULTMAN”)  since March 2010.  HULTMAN was formerly corporate secretary of MERS, the original mortgagee on the subject mortgage and the assignor of the rights to the mortgage to Plaintiff.  This  Court ordered the deposition of HULTMAN on December 6, 2010, when MERS failed to appear at a status conference to argue its Motion to Quash Subpoena and Motion for Protective Order.  Despite MERS’ failure to appear to argue its motion, the Court allowed MERS to argue its subsequent Motion to Vacate Order Denying Motion to Quash Subpoena for Deposition and For Protective Order.  The Court denied MERS’ Motion for Protective Order on February 3, 2011, explicitly ordering that: “Defendant MERS will produce Bill Hultman for deposition in Virginia within 30 days.”

Order on Def. MERS’ Mot. to Vacate Order Denying Mot. to Quash and Mot. for Protective Order, Feb. 3, 2011 (Judge Rosinek).  The deposition was then  scheduled  to be held March 2, 2011.  Despite  having proper notice of this date and despite  the Court order compelling HULTMAN to appear for Deposition, MERS’ counsel informed FABRE’s counsel a mere two days before the scheduled deposition that HULTMAN would not be produced for deposition. FABRE submits that MERS may be attempting to delay the deposition until such time as HULTMAN is no longer employed by MERS.  In the span of time that FABRE has been seeking the deposition of HULTMAN, HULTMAN has already been removed from his position as Corporate Secretary. Accordingly, given that MERS’ counsel has refused to state a reason for refusing to produce HULTMAN for deposition, MERS fines its member organizations $10,000 when they break the MERS rules of membership. FABRE can only conjecture that MERS desires to delay the deposition until HULTMAN is no longer employed by MERS.  This purposeful evasion of the Court’s Order dated February 3, 2011 must not stand.

Accordingly, this Court must fine MERS $10,000 for each day that MERS continues to disobey the Court’s rules and Orders.

Accordingly, it is undisputed that:

(1) MERS was ordered to produce William Hultman for Deposition at hearing on February 3, 2011;

(2) MERS has informed FABRE’s Counsel that Hultman will not be produced;

(3) MERS has refused to explain why it will not comply with the Order of this Court,

WHEREFOR, FABRE asks the Court to again order that William Hultman be produced for deposition immediately, to order that such deposition be taken in Miami-Dade County, to order sanctions in the amount of $10,000 a day until MERS decides to comply with the Court’s Order compelling production of Hultman for deposition, and including any other such sanctions as the Court deems appropriate, including but not limited to FABRE’s attorney’s fees for having to move for the above relief.

What’s good for the goose is good for the gander, right?


Copy of the motion is below…




MERS Emergency Motion to Compel Hultman Depo

10 Responses to “$10,000 a Day | MERS Motion for Sanctions for Violating Court Order by Refusing to Produce William Hultman for Deposition”
  1. Katheryn says:

    My sentiments are expressed by the laughing mouse above!! I noticed on (1) of my (2) refi notes out there, that one of them has written on it, “return to Worldwide Recording”. This company is in Kansas and (1) of the several HUD1’s from my settlement shows the address for the place of settlement as Nations Title with a Kansas address. The settlement took place in my home in Delaware. Of course, I think it took place in Delaware, unless I was totally oblivious and a tornado had picked my home up earlier that day and dropped it in Kansas! I am a little puzzled by this company, Worldwide. I can only come up with one hit for it no matter how many searches I do. It seems it is another document storage company. I wondered if anyone else has had Worldwide enter the picture on any of their docs or knows any more than I do about what this company is?

  2. george says:

    He is a thief a common criminal he should be put in jail

  3. mike says:

    Lo and Behold
    Search your news today. After Arizona passed SB1259
    Bank of America is now modifying loans in Arizona!
    Because Arizona passed SB 1259 requiring the banks produce all necessary paperwork and note and assignments before the bank can take back the home.
    Its impossible for the banks to produce these documents that is why they are using these fake robo signed documents.
    Time for everyone to contact your congressperson and introduce legislation into every state to force these banks to produce all necessary paperwork to take homes.
    California congressman Filner is the person to introduce this bill he is upset with the bank and says Chase bank has the blood of soldiers on its hands
    Soldiers committing SUICIDE because these bank Servicers are stealiing their homes

    Contact this congressperson and tell him to introduce legislation like Arizona and Oregon
    SB 484 Oregon
    SB 1259 Arizona
    I contacted his office today
    760 355 8800
    619 422 5963

    Everyone else contact your congressperson. Let them know Bank servicers are stealing homes legislation like that in Arizona and Oregon needs to be passed in every statet

  4. Gregory says:

    Next should be California Reconveyance Company!!!!!!!!!!!!!!!!!! an exact replica of MERS only in California..Great business models for America.

  5. Ms. A says:

    FABULOUS! We have to take down MERS and this is a giant step toward that end. Battle on, Tom Ice.

  6. Bust them! says:


    Mortgage Fraud Market Bailout Digitized Note Bond MERS = MONEY LAUNDERING Collapse

  7. Even $10K/day isn’t that much for them if they’re working to get rid of him and make it harder to compel his testimony; they can “buy” three months for a million .. sounds like a lot to us but it’s not for MERS.

    How about an order enjoining them from doing business in the state until he appears? Easier to enforce, easy to track (nothing could be assigned into or out of MERS while it’s in place), and easy for them to fix .. produce him.

  8. Need to add:
    In view of MERS’ having had time to produce HULTMAN, and its failure to do so, all actions on the case, regarding HULTMAN and MERS, apply to HULTMAN as HULTMAN was employed by MERS at the time this case was first entered into this court.

    Or something like that. NO weaseling out!

  9. l vent says:

    The Multinational banksters, the foreigners, need to be forced to go away and this Judge has it right. They are fully intent on destroying America and many other nations. This is America, not Nazi Germany.

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