PB Post | Woman (Lynn Szymoniak) on ’60 Minutes’ has Foreclosure Dismissed

By Christine Stapleton
Palm Beach Post Staff Writer

WEST PALM BEACH — A judge dismissed the foreclosure case against Lynn Szymoniak, the Palm Beach Gardens lawyer featured Sunday on 60 Minutes, but gave the bank 30 days to refile the lawsuit with appropriate, verified documents.

At a brief hearing Tuesday, Circuit Judge Jack Cook dismissed the case after finding that the note for the loan was not attached to the original foreclosure complaint. Deutsche Bank filed the foreclosure case in 2008, shortly after a dispute with her lender, Option One Mortgage, over her adjustable rate mortgage.

An attorney for Deutche Bank declined to comment on whether the bank would refile the foreclosure case. However, if the bank does so, it will have to comply with new, court-ordered guidelines that require lenders to verify the truthfulness of the documents. Those rules were not in effect in 2008 when Deutsche Bank filed to foreclose on Szymoniak’s home.

Szymoniak’s attorney, Mark Cullen, said the ruling is good news, even if the bank refiles . In a new lawsuit the bank would be required to attach the note for the loan.

Now get on over to the PB Post and get involved in the comments to educate the readers on Fraudclosures…

Link to comment on the subject here…

~

4closureFraud.org

Comments
15 Responses to “PB Post | Woman (Lynn Szymoniak) on ’60 Minutes’ has Foreclosure Dismissed”
  1. larry hughes says:

    OK…trying this again. I live in california where the process of foreclosure is just that “a process” unlike your state of florida and others where there is suit and “human” judge involved to rule over a case. What can I do to fight foreclosure based on that fact and the law in my state? This problem is in process states like mine as well but I dont know what to do to fight it or make the bank come to the table and prove it. Anyone with any knowledge please help!

    Larry Hughes 323.228.2736

    • Hi Larry,

      I left you a message a few minutes ago. Hope you will call so that you can share some more specific details and perhaps I can give you some insight which will be helpful.

      I am a strong believer that counter-attacking the bank is a good strategy to both get their attention and perhaps get the outcome which you want.

      I will wait to hear from you.

      Mildred (317) 507-5105

  2. larry hughes says:

    I live in California where the process here foreclosure is just that “a process” and not a suit like in other states where a judge is involved. What can I do? I know this is a problem nation wide and just not in the state of florida etc. How can i fight…do you have to bring suit to the bank? Please help!!

    Larry Hughes 323.228.2736

  3. Imanda Waldon says:

    Way to go Lynn. If it were not for people like you…fighting and standing up for rights……Many more would be getting sucked into the craziness and greed by the foreclosure mill attorneys and banks. Most dont understand……everything is good one minute………and then you get the dreaded letter that you have a clouded title, etc. My title was not clouded when I bought the house 18 years ago……and here starts the very expensive legal fight. Been fighting Daniel Con”sue”gra, attorney for CitiMortgage since 2005. Our foreclosure was dismissed 2 weeks ago. I am sure they are coming back…….but, I am not giving up my home or my rights. Please keep educating people so they have a chance. I am mentally and phyiscally exhausted………but, finally 60 minutes picked up your story and these issues are now being seen nation wide. I want to see foreclosure mill attorneys representing homeowners against the financial giants. Keep speaking on all our behalfs.

  4. Woo Hoo says:

    Congratulations Lynn! The more exposure that is given to this issue that you have fought for so long the more the banks MIGHT be willing to actually realize that they are in trouble and start to help people who are screaming for help but up until now have had their screams fall on deaf ears!

  5. kravitz says:

    Gitmo trials. Now this.

    Sounds like some dude was waiting for his reelection campaign to give up the goodies?

    Servicers Said to Agree to Revamped Foreclosures

    http://www.nytimes.com/2011/04/06/business/06mortgage.html?_r=1&ref=business

    Under the new rules, every homeowner in default will have a single point of contact with the servicer. The servicers will end their practice of foreclosing while borrowers are pursuing loan modifications that might allow them to stay in their homes.

    One of the most significant measures in the consent agreement will require servicers to hire an independent consultant to review foreclosures done over the last two years. If owners were improperly foreclosed on or paid excessive fees, they will be compensated.

  6. talktotennessee says:

    General Question: How does a copy of the original “note” verify ownership or transfer history relative to current loan status? Just having a copy of the original note does not seem to support whether the current lender has the paper trail or right to initiate foreclosure unless it is the same lender named in the note. Suppose the original note names a lender who nominated MERS as their trustee in the note but the mortgage transferred at least twice as far as servicing goes. The servicer now refuses to name the current owner of the mortgage. How do you know who ‘owns’ the note and foreclosure rights and do they have that right legally? Why would they not disclose the owner of the loan?

    • Point of clarity:

      Having a copy of the note attached will not prove that there is a clear chain of title but it will show that the foreclosing party is in “possession” of the note. Or as it is called legally, “is the holder of the note”.
      Copies of the mortgage are public record, you can get a copy of that off the internet. The NOTE is suppose to be secured somewhere.

      The note is a separate document, not unlike a check which someone gave you to cash next year. If you have ‘possession’ of the note that is a fairly good indicator that you have the right to be in court. If you can’t even provide a COPY of the note (all you have is a ‘lost note affadavit’ that is a serious red flag that you have no right to be trying to foreclose on anybody.

      If you have been served with foreclosure papers, please go through them carefully. What you are looking for is a copy of the NOTE to be attached. It will say NOTE, it will have the details of the interest rate and other financial information about repayment of the loan. It is usually only 2-3 pages long and will be called:
      a. NOTE
      b. Promissory note (fixed)
      c. Promissory note (adjustable)

      This is the MOST important document,rather than the mortgage.

      What is usually attached is the mortgage. Demand that the lender/servicer/attorney provide the note (or a copy thereof) to prove that it has, in fact, been transferred to them.

      If it has not been (and the only way to prove that is to show me) then please go away.

      For those of you who are in Florida and many foreclosure mills have had their contracts yanked (Ben-Ezra & Katz, Stern etc) challenge the foreclosure against you based on the fact that the NOTE was not attached to the foreclosure complaint. Write to the old law firm and request it. Fight the foreclosure based on incomplete documentation,as required under Florida law.

      Don’t leave your house and don’t just give in. Time is on your side.

      Keep studying and fighting.

      best regards.

      Mildred 317 507-5105 mildred1150@gmail.com

      • l vent says:

        What if the COPY of the note has the buyers FORGED signatures on it? They clearly FORGED MINE AND MY HUSBANDS NAMES ON THE COPY OF THE NOTE. Don’t they have to provide a clean chain of title from origination to today? What about the ORIGINATION FRAUD in the TITLE? I would demand that if a trustee is the owner of record and they are who is fraudclosing, I would make them show me the investor resolution that shows at least 25% have agreed to the action, I would also demand that complete list of investors for the MBS so there can be a proper accounting for 25% of the whole. What if they did not assign a Mortgage on the title in 19 years as is the case for me. Don’t they also have to have the deed in order to fraudclose? SORRY, I do not think the a COPY of the NOTE PROVES ANYTHING AT ALL. That is an entirely deceptive and dangerous statement for those may not know that there is a lot more for them to prove they are the party in due course than a COPY OF THE NOTE.

  7. Diana Cessna says:

    “new, court-ordered guidelines that require lenders to verify the truthfulness of the documents. Those rules were not in effect in 2008” ????????????????????????????? So, it 2008 the court didn’t have rules that documents filed had to be truthful???????????????????????????????????????????

    • Ivent at 9:04 a.m. made the point that my statement could be is leading to someone who is not well versed on this issue. I agree completely with you that the issue of ownership is much broader than who has the note. Additionally in preparing QWR’s I believe demanding most of the things you listed (plus more) is necessary to try to get them to produce the documents which will show a clear chain of title.

      My point was this: It is the LAW in Florida that the note has to be attached to the complaint. If only the mortgage is then that is insufficient and could result in the judge dismissing the suit simply because that one crucial document had not been included.

      A couple of states now require documentation of the total chain of assignments; as a requirement for the plaintiff to file (Ohio is one and I think MA and perhaps VA).

      As a consumer advocate I certainly do not want to mislead anyone into thinking that defending yourself against foreclosure is a cakewalk; it is definitely not.

      By the same token, knowing one little piece of law which can have a profound impact if you use it wisely and at the right time, could make all the difference.

      Again, best regards to anyone fighting this battle. I am grateful for the decision which saved our hero and gave us yet another puzzle piece to work with.

  8. That is a nice ruling, I wished my ruling had this feature. I am so happy for her she must be so happy and in shock, I was in shock when mine was dismissed she more than deserves it. congratulations a million.

  9. Anne Tyler says:

    Giving them time to prepare a more-convincing forgery no doubt.

    • yeah but they are not coming back, they do not need to fight a seasoned fighter, foreclosure fighting is not for wimps, for sure.

      • l vent says:

        I agree with briank, they do want victims who do not have the knowledge to fight back. 95% of people do not fight their fraudclosure was an estimate I heard a couple of months ago. That is why the first victims to lose their homes were the jobless who could not find jobs. Many of those people were just stunned and shell shocked and just did not even try to fight. They figured if they could not pay the mortgage they had to get out. Many of them had no idea about how rampant the mortgage fraud really was and the extent of the PONZI SCHEME and the ENGINEERED FINANCIAL COLLAPSE. That to me is one of the most despicable aspects of FORECLOSUREGATE. They stole from the poorest and most vulnerable first to COVER UP FOR THEIR PONZI SCHEME HEIST. Many people still do not recognize this VAST CONSPIRACY is highly devicive and strategic NAZI CLASS WARFARE and it is meant to cause permanent harm and destruction to not just America, but the entire world. NO ONE IS SAFE FROM THESE FINANCIAL TERRORISTS WHO ARE BLIGHTING OUR NATION AND TRYING TO BANKRUPT AMERICA. I am a true belilever that knowledge is power. Every lawyer I have spoken to, and I have spoken to many, has lied to me about one thing or another. I could not have known they were lying to me without doing a lot investigating and it all started here at this website which has been a Godsend. I tell anyone I know in fraudclosure to come here for help. The size and scope, the sheer magnitude of this vast conspiracy goes way beyond the imagination of most people. This scheme was meant to make all of us look and sound nuts, but in reality this is how totally SICK and I believe SADISTIC those hiding behind the scenes of FORECLOSREGATE really are. THIS CONSPIRACY WAS VERY WELL PLANNED AND INSTITUTED. I really think the ORIGINATION FRAUD is still our best line of defense and who was hiding behind the scenes of that are the real scumbags and culprits here. Who was hiding behind the INCEPTION of this scheme and who was behind the CONCEPTION of this scheme? Those are the same people THAT are BEHIND THE MASSIVE COVER-UP AND ARE ALSO FRAUDCLOSING ON THE AMERICAN PEOPLE AND STILL ROBBING THE AMERICAN PEOPLE BLIND WITH THE FEDERAL RESERVE BANK AND THEIR MONEY PRINTING MACHINE OF DEBT. THESE SAME CRIMINALS ARE still propping up the FOREIGN MULTINATIONAL BANKSTERS/WALL STREET CABAL, THEIR PERPS. The best advice I can give anyone in this predicament is gain all of the knowledge you can starting here at 4closurefraud, and just try to keep thinking outside of the box by looking deeper, just below the surface and remember BLACK IS WHITE. THEY REALLY HATE THAT. Everything and everyone wheres two faces and the person you look to for help may not really be wanting to help you very much if at all. ARM YOURSELF WITH KNOWLEDGE. The crazier something sounds more than likely means you are on the right track. It is up to all of us to keep spreading the truth and try to help anyone we can who is going through this disaster not of any of our own making. .

Leave a Reply