Victory | Our 60 Minutes Hero, Lynn Szymoniak, had Her Foreclosure Case Dismissed

Just thought I would let everyone know that our 60 Minutes Hero, Lynn Szymoniak, had her foreclosure case dismissed today, without prejudice and with leave to amend, but, they now have 30 days to come back with a VERIFIED complaint…

FL RULE 1.110 Verified Complaints

When filing an action for foreclosure of a mortgage on residential real property the complaint shall be verified. When verification of a document is required, the document filed shall include an oath, affirmation, or the following statement:

“Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief.”

Which robosigner are you going to throw under the bus on this one if you decide to amend?

Her attorney did an outstanding job while the banks attorney from Akerman Senterfitt stuttered through his arguments.

The judge actually listened and ruled accordingly with the law and I am sure it had nothing to do with her being on 60 minutes this past weekend, or that I, 4closureFraud.org, along with Lisa, ForeclosureHamlet.org, Michael, from Legalprise, and a reporter from the Palm Beach Post was in the courtroom today sitting next to Lynn while her motion to dismiss was heard.

There are so many issues in her case, such as a Linda Green assignment and a very poorly Photoshopped allonge. They cut and pasted the book and page number from her mortgage to try and make it look authentic… Looks like they used a glue stick to do it.

Anyway, can’t wait to see if they dare refile the complaint.

Lynn thinks they are going to come back for more…

I do not, but I double dog dare them to try.

We will see, they have 30 days to amend and pretend.

Congrats to Lynn and her Attorney from all of us here at 4closureFraud and across the internets!

Transcript and order to be posted (hopefully if they let me) one it is received.

And if you have not seen the 60 Minutes report, you can check it out here…

~

4closureFraud.org

Comments
59 Responses to “Victory | Our 60 Minutes Hero, Lynn Szymoniak, had Her Foreclosure Case Dismissed”
  1. Hosea Anderson says:

    For all of you as well as Lynn who are still fighting and those who are just beginning, here is a case out of Maryland that may be of some use. Anderson v. Burson Court of Appeals. This case has set some ground rules, changed the law and legislature with the help of Senator Frosh and most importantly my Attorney. It may not seem worth fighting but I can tell you all, if we don’t stand up for something we will fall for anything. As Dr. Martin Luther King Jr. once said ” Injustice anywhere is a threat to justice everywhere”. Never give up.

  2. willma brinton says:

    When the banks try to foreclose on the homeowners what are the missing documents?

  3. vicki reue says:

    I have been in an ongoing deluge of paperwork trying to get a loan modification. Even hired a so called non-profit organization called FINANCIAL HOPE FOR AMERICA. Sounded legit to me at the time. They made promises they couldn’t keep. In the end I was out approximately $2,200.00 and was no further along with the modification. So I started over for a third time applying for one. Finally 2 months ago I got notification that I was approved. I have one month left in my 3 month trial period until I find out for sure if it will stick. My fear is they will end up foreclosing on me anyway. BUT I will not give up. Thanks Lynn for all your work. 60 minutes was an awesome eye opener and hopefully the fall out will help people stay in their homes. I know I am NOT giving up without a fight. I have shed too many tears over this home and I intend to keep it. Even though I have since lost my job and so far I have been unable to get another one. I have taken in room mates to help me at least try to stay afloat, however I am still coming up short. In desperate need of a job in Houston, TX.
    HELP

    • lvent says:

      vickie reue, WOW, I can’t believe people are still going for the loan mod fiasco..I though HAMP was over a long time ago……….If they give you a loan mod and they don’t own your loan..they are commiting more fraud… they are creating a debt out thin air..First make them prove they even own your loan..wheresthenote.com…If this is an unsecured debt that means they committed securities fraud in your name among many other frauds I am sure….Than their contract is a nullity…..

  4. Barry Trailer says:

    My wife and I just watched the 60 Minutes segment and were blown away! Is there any movement organizing to go after the banks, mortgage companies and/or individuals that made billions of dollars in salaries and bonuses? We are NOT facing foreclosure but are completely sickened by these fraudulent practices by banks and Wall St. that keep fleecing middle Americans. And WE bailed THEM out?!

  5. tjs says:

    CONGRATS LYNN YOU ARE A HERO.I TO AM FIGHTING THE BANK FOR A WRONGFUL FORECLOSURE ONLY MY PROPERTY WAS PAID CASH FOR ABOUT FORTY YEARS AGO BUT THE HOUSE NEXT DOOR TO MY PROPERTY WENT INTO FORECLOSURE SO THE BANK TOOK MY PROPERTY TO.I FOUND OUT WHEN I HAD A BUYER FOR MY PROPERTY LOST THE SALE.

    • Mom in Manatee Soo Tired and Soo Scared... says:

      Winding down from almost 5 year battle. They have set another “Online Auction Date” set for May 11th, 2011. I’ve been passed through Ameriquest, Countrywide Freemont and now the David J. Stern/US Bank Natn’l/SG Morg Sec/Wells Fargo/Mers or whoever it is that actually owns my house and is going to take it from me and my kids. I received a small settlement from Fremont a few years ago and a few other got a slap on the wrist in other cases, but for the most part all the other people like the appraisers, mortgage brokers and title companies either shut down and disappeared or reorganized to save their tails and life goes on as usual for them. They’ve already prematurely changed the locks on us once years ago, they had us move out with the assurance of no hope and the promise of dropping deed in lieu which they later recinded only after we had already moved out. Then they stated foreclosure would hold but no deficiency. Then had us move back in with the promise we’d qualify for a HAMP modification start repairing the property after mutiple break-ins, start paying off the homeowners, lest we forget all the moving expenses back and forth and paying rent, etc. some place else only to end up back to square on again with 30 day to go. Fremont’s paperwork wasn’t right to begin with at closing, I even had a letter from the broker admitting they screwed up , they never provided me with a copy of the actual mortgage instead I found out later they just filed it at the court house about 10 days after closing all the while advising me it was lost. They never provided me with a copy of the note produced as Stern’s office advised it was “lost or destroyed” as only miracles can happen in the mortgage industry, I say sarcastically, they have “refound or undestroyed” what they say is mine almost 3 years after the closing and 2 years after they filed the foreclosure. Now with the foreclosure attached to me, wrecked credit and the last of my money gone hard as I try no one will accept us as new tenants. I have a hard working, very competent pro-bono attorney, but it’s the court system I don’t have the faith in and to be honest this has taken a huge toll mentally and physically on me. If it where an othe area of law and they committed these actions they’d be charged and go to jail and I’d be the victim they’d be paying restitution to, but instead I’m made out to be the dead beat loser for their crimes paying the price and my children too. Even if I were lucky enough to get another extention or even a dismissal what about them refiling and what about them expecting to enforce the current fraudulant mortgage?! They’ve kept me running in circles soo long, I’m soo tired and soo scared… Please pray for me…

      • Imanda Waldon says:

        That is how the banks and mortgage companies operate. They wear you down physically, mentally and emotionally. But………DO NOT GIVE UP! Something GOOD has to happen out of all of this. The word is spreading, corruption is being recognized in every court room across America. American people are tired of this government ripping us ALL off. Something has to happen……….Keep your head up, continue to be a good example for your children………..and I will pray for you. Please let us know how things work out. Have you contacted a Certified Housing Counselor through HUD. Its free and they were most helpful to us. GOOD LUCK!

      • Mom in Manatee Soo Tired and Soo Scared... says:

        Thank you for the kind words of encouragement. yes, I tried the ST Pete Housing Authority approx 1 year ago and that is when Wells Fargo/ASC said to move back in and that we qualified for HAMP but they “mistakenly” entered” in our information wrong the first 2 times and strung us along for several months and then the 3rd time they had us reapply on our own beacuse they said we no longer qualified for HAMP for 2 reasons because we had exceeded the number of applications due to their errored entried which they were sorry about but couldn’t fix. Then they said we qualified for an in-house modification and strung us along for several more months only to tel us that we didn’t meet the “mystery” lenders and their “mystery” criteria which they didn’t even know and would NEVER be able to disclose if they did. So the only option they left on the table for me was to give them a HUGE lump sum payment and for me to sign documents to a higher payment they could still call the entire amount due if they chose IMMEDIATELY and proceed with the foreclosure anyway. My attorney advised they were just trying to get what lump sum payment they cuold from me, get me to sign new papers agreeing to pay to the amounts on the fraudulant documents and then foreclose on me anyway like they had done on so many others. They were trying to take my approx $900 mortgage payment to approx $2600 mthly and wanted me to agree to pay for an increase from $approx $240k to approx $400K for a home now only valued at approx $134K based on already admitted fraud docs by Fremont. I just can’t afford that, yet they know I can’t afford to be homeless either. How can this be right?! Doesn’t it go against every thing we were taught, what we teach our kids and what the Justice sytem stands for?! I’m ashamed for them!

      • Imanda Waldon says:

        Do not sign anything. Go back to your Certified Housing Counselor and request a mediation. You do not want a HAMP loan or loan modification as they are designed to set up the homeowner for failure and the fees are excessive. Do not waste any time. Dont know your situation……but I would request a prinicipal reduction and lower interest rate. Be careful of attorneys…….been there for 5 years………some attorneys have alternate goals that will not benefit you and your family in the end. Our attorney charged us $1,000.00 for a loan modification and then told us to get used to it……….we were going to lose our house. I truly believe his company wanted to buy our house. We severed ties 1 year ago and I recieved paperwork 2 weeks ago signed by the Judge that Summary Judgement of Foreclosure has been vacated. CitiMortgage has tried to do the same things to us as you refer above. Just get that sale date stopped! Good Luck……..keep me informed. My email is waldon.imanda@yahoo.com.

    • Mom in Manatee Soo Tired and Soo Scared says:

      They finally took our home!!! David J. Stern, U. S. Bank, Wells Fargo, L.P.S., Pro-Vest, Nations Title, Cullen Lewis, Scott Strady, Fremont Investment, United Trust have now taken our home. I tried everything even up to the up to the last moments including trying to file stuff at the clerk they wouldn’t take, meeting with attorneyswho wee either too scared to stand up against the Manatee County Judges/Courts and theirs collegues or they just didn’t know what to do. They all said “yes” I we got screwed and there is fraud, but if I had only had money and come to them with it a few years ago…. Even though it was a fraud mortgage, as a last minute effort to save our home I tried a modification last week both through the servicer and HAMP. HAMP called them with an escalated post-ponement request advising them I had applied for a modification that could greatly reduce my payments keeping us in the home. However being the crooks that they are, Wells Fargo and their new Attorneys Kass Schuler Soloman, etc. said said on the phone they had already submitted their own request to post-pone the sale, but then they “accidentally” made a mistake and didn’t activate their own post-ponement request in time and in addition didn’t observe HAMP’s request for a post-ponement either. They did a last minute submission of another post-ponement, but ate up the clock playing the blame game between themselves rather than fix their error and then the fraud bank bought the property back from themselves on-line. Now we have 9 days left until title is issued and then NOOOOO place to go. We’ve tried, but with this foreclosure hitting my once good credit, I’m now at a whopping 465 credit score and landlords aren’t giving us a second chance.

      On a seperate note I do want to say a sincere thank to those who did try to offer us helpful advice. I turly hope you guys get them before they get your homes. Best Wishes

    • Lynn Szymoniak you are a hero! Wow. Those poor people. I hope someone will make it up to them. Thank you for noticing and bringing it to someone’s attention. How sad that someone would take away someone else’s American Dream. When I took out my home loan I was told I had a fixed rate, was working 16 hours days, was a single mother and had very little time to spend… was told to come back and sign the next day and when I did, to my surprise was presented with an adjustable rate… A classic bait and switch. I still have the documents and would love to right the wrong if you ever have the time. Rebecca

  6. Nancy Coxall says:

    60 Minutes has an excellent reputation for researching their subjects before interviewing them on their show. I for one can and do believe everything I see on their show.

    The interview they did with Lynn was like giving America a shot in the arm of Adrenaline.

    The Courts who are making this worse than it already is….WAKE UP AND SEE REALITY! Stand tall and defend the judicial system. The banks are wrong, illegal and CRIMINALS from the word go!.. Do you want to be clumped together with them…THEY ALL SHOULD BE IN FEDERAL PRISION AND THE JUDGES WHO WILL TURN THE OTHER CHEEK, BELONG RIGHT BESIDE THEM!

    Nancy

  7. Nancy Coxall says:

    Lynn, Congratulations!

    You were well prepared for 60 minutes . Your presentation was an eye opener to this entire Country of ours. We American thank you so very much for standing up and speaking out!….WAY TO GO!

    On another note, if I may please?

    Does anyone know how the Floridians are making out with their cases with Attorney Mitchell Stein defending them, against BOA? There has been nothing mentioned since it was announced Mitchell Stein was going to Florida to defend about 1200 clients.

    Thank you……Nancy

  8. lisamarie says:

    God Bless you Lynn. you’ve worked hard, Hope you kick ass all the way.

  9. The case was dismissed w/o prejudice because they didn’t get to the fraud, not because it’s irrelevant — it’s very relevant — it just wasn’t procedurally relevant for that particular hearing. Since the fraud didn’t come up, even though everybody knows that it’s there, dismissal without prejudice w/ leave to amend is the right decision.

    The bank will now have to decide whether they want to keep this up for her, and their counterparts all over will have to decide whether they want to do the same for everybody else. Eventually it will be time to discuss the fraud; foreclosures are in equity and the Clean Hands Doctrine rules all.

    If they want to go down that path then they’ve lost their minds because of the need to verify the complaint. That verification will be used like ant-bait poison .. meant to be carried back to the nest where it’ll eventually destroy the whole colony. Why? Because it’s an impossible task; they can’t verify their pleadings because their pleadings are demonstrably false. They know that, the judge knew that .. everybody knows that; there’s nothing secret about it.

  10. Imanda Waldon says:

    Been fighting Daniel Con”sue”gra, attorney for CitiMortgage since 2005. I live in Northwest Florida. In 2005 I recieved the dreaded letter that CitiMortgage lost our mortgage during a move and then claimed I had a clouded title. We have spent over $70.000.00 to save our home with a $60,000.00 mortgage that we still owwe the same amount. We recieved a letter signed by a judge 2 weeks ago that 1. Final Judgement of Foreclosure entered by this court on Sept. 2, 2005 is vacated. 2. The Lis Pendens filed in this matter is released. 3. It is further ordered that the above cause is hereby dismissed without prejudice. Sighned on May 09, 2011 by a Circuit Court Judge.

    Could someone explain what this means? And the paper work does not give the bank a timeframe to refile. And is it not ironic…………we were not awarded any of our attorney fees. stress or mental anguish. I have boxes that have been packed up since 2005. I would love to tell our story to 60 minutes. We are middle class people who just want to live and enjoy our home of 18 years.

    Way to go Lynn. I could finally watch 60 minutes and SAY……..that happened to us and no one would listen…..not even the judge…….not even the attorney who represented us.

  11. hooraaay its about time someone beat these bullies at their own game love it

  12. Joaquin Alonzo says:

    Great win! Why did the Judge dismiss it with out prejudice? They should go to Jail and loose the home! Its so incredible that all forms of law enforcement are ignoring fraud upon the people and the courts. WE THE PEOPLE DEMAND JUSTICE!

  13. maia says:

    GREAT NEWS!
    This is what I add to my paperwork–
    Violations as per Florida Statutes:
    1) Putting false information into a court
    831.01 Forgery.–Whoever falsely makes, alters, forges or counterfeits a public record, or a certificate, return or attestation of any clerk or register of a court, public register, notary public, town clerk or any public officer, in relation to a matter wherein such certificate, return or attestation may be received as a legal proof; or a charter, deed, will, testament, bond, or writing obligatory, letter of attorney, policy of insurance, bill of lading, bill of exchange or promissory note, or an order, acquittance, or discharge for money or other property, or an acceptance of a bill of exchange or promissory note for the payment of money, or any receipt for money, goods or other property, or any passage ticket, pass or other evidence of transportation issued by a common carrier, with intent to injure or defraud any person, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
    831.02 Uttering forged instruments.–Whoever utters and publishes as true a false, forged or altered record, deed, instrument or other writing mentioned in s. 831.01 knowing the same to be false, altered, forged or counterfeited, with intent to injure or defraud any person, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
    2. Forgery purporting to be officer of corporation

    831.06 Abstract: Fictitious signature of officer of corporation. If a fictitious or pretended signature, purporting to be the signature of an officer or agent of a corporation, is fraudulently affixed to any instrument or writing purporting to be a note, draft or evidence of debt issued by such corporation, with intent to pass the same as true, it shall be deemed a forgery, though no such person may ever have been an officer or agent of such corporation, or ever have existed. 1637, 1868; RS 2483; GS 3364; RGS…

    3. Intent to obtain property by personating owner

    817.02 Abstract: Obtaining property by false personation. Whoever falsely personates or represents another, and in such assumed character receives any property intended to be delivered to the party so personated, with intent to convert the same to his or her own use, shall be punished as if he or she had been convicted of larceny. 1637, 1868; RS 2466; GS 3321; RGS 5156; CGL 7259; s.

    4. Intent to defraud at inducement

    817.545 Abstract: Makes any material misstatement, misrepresentation, or omission during the mortgage lending process with the intention that the misstatement, misrepresentation, or omission will be relied on by a mortgage lender, borrower, or any other person or entity involved in the mortgage lending process; however, omissions on a loan application regarding employment, income, or assets for a loan which does not require this information are not considered a material omission for purposes of this subsection…

  14. Dawn says:

    You are a true hero, a leader, a teacher.
    This is a fraud against the American people, this is a battle to protect the rule of law of our nation.
    You are empowering Americans who are victims of mortgage fraud.
    Thank you Lynn and 4closureFraud.org, Lisa, ForeclosureHamlet.org, and Michael, Legalprise for all you do.

  15. Whar happened to ‘ without prejudice ‘? Was the judge in shock that a woman had the ‘ smarts ‘ to face the bank in court with the facts to ‘ knock the bank on their A$$ ‘……?? Let’s face it…the bank has nothing to come back on… and if the judge does not see the facts…he needs to get down from the bench and seek some learning. Or is he ‘ testing ‘ the bank to see if they refile a complaint…refile what? More fraud??
    I don’t believe they will refile….this has made a whole lot of people open their eyes to the real frauds that have and are going on…I hope 60 Minutes keep up on this foreclosure fraud as there are so many frauds from the origination to the foreclosure courts. Thanks 60 Minutes….it gave an injection of hope to many in America…to let the truth be told and shown.
    To Lynn…you are the stepping stone that will give other’s the path to walk on…to prove the injustice that each one has experienced with foreclosure banks….. the strength to fight on. Best of luck to you… you will prevail….

  16. Fury says:

    after watching 60 minutes and Inside Job, all of our stories are a bit different but more so the same.

    there is no mistaking – we have been swindled. all of us.

    why can’t the AGs and the courts see this?

    it is so obvious!

    is everybody on the take?
    whatever happened to justice? the american way?

  17. Equity Free says:

    Lynn, Fear not, for now there are 12 million more Lynn’s out there , thanks to your courage , ethics,and relentless
    drive for justice and honesty . You should feel proud for standing up and fighting .
    Thank You and your Friends
    In Solidarity

  18. Hillary says:

    I think the judges are getting keen to the fact that there will be media coverage and what they do is being scrutinized in the social media as well.

  19. chichi says:

    Victory Wooooooooo!!!!! congrads Lynn :) thanks for all you do & thanks to Lisa & Michael…if it wasn’t for all of you alot of people would have given up a long time ago.

    NEVER give up..KEEP FIGHTING!!!!

  20. jrscalzo says:

    I am at all surprised at the outcome, the blatent disregard of the home owners rights are absolutely being not ignored but illegally ignored. We are all entitiled to jusitice and we must stay grounded and unite in trying to rectify, and justly make the Banks accountable for their “un clean” hands!!

  21. Katheryn says:

    Lynn- your win gives us all hope. I hope that 60 Minutes is only the beginning of media coverage to apply more and more pressure on these theives and destroyer of lives. We need as many people on board as we can get. Remember the million man march? Perhaps we can organize a million “deadbeats” march.

    • Bob Biello says:

      You’re right on track with the million deadbeat march. What I am envisioning, though, is a million strategic defaults. Unpaid mortgages that will really get the banks attention. Visit the site, spread the word.

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