Altered Documents by Akerman Senterfitt? | DEFENDANT SZYMONIAK’S OBJECTION TO CONTINUED USE OF ORIGINAL COURT DOCUMENTS BY PLAINTIFF

Looks like it’s on like Donkey Kong again…

For those of you that do not know the term, “It’s On Like Donkey Kong” I provide the definition below…

“A phrase to denote that it’s time to throw down or compete at a high level; something is about to go down. The use of the comical video game character Donkey Kong provides comic relief but the phrase itself has greater or more significance than simply its on.”

 

DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE FOR THE
CERTIFICATE HOLDERS OF
SOUNDVIEW HOME LOAN TRUST
2006-OPT2, ASSET-BACKED
CERTIFICATES, SERIES 2006-OPT2,
Plaintiff,
vs.
LYNN E. SZYMONIAK, et al.,
Defendants.
____________________________________/
DEFENDANT SZYMONIAK’S
OBJECTION TO CONTINUED USE OF ORIGINAL
COURT DOCUMENTS BY PLAINTIFF

Excerpts from the pleading…

COMES NOW, Defendant Lynn E. Szymoniak, by and through undersigned counsel, and objects to the Court allowing the law firm Akerman Senterfitt and the Plaintiff to continue to maintain the Clerk’s original file documents. Further, Defendant requests that the Court instruct the Akerman Senterfitt firm to return the documents to the Clerk immediately.

The original complaint in this action was filed without the note attached to the complaint. The original complaint included a “lost note” count in which it was alleged that “4.The original promissory note was lost or destroyed subsequent to Plaintiff’s acquisition thereof, the exact time and manner of said loss or destruction being unknown to Plaintiff.1”

On or about, December 23, 2009, the Plaintiff caused to be filed a document entitled “Notice of Filing” to which was ostensibly attached a “ORIGINAL NOTE, ORIGINAL MORTGAGE, ACCELERATION LETTER, PAYMENT HISTORY and a copy of recorded ASSIGNMENT OF MORTGAGE.”

The undersigned went to view the official file in the Clerk’s office on February 8, 2011 to look at the original documents contained in Plaintiff’s Notice of Filing. Of concern to the undersigned, inter alia, was the condition of the original documents which were in the filing, whether these documents were originals, and whether the allonge was attached to the Note. See Exhibit A, Pictures of Note, Mortgage and Allonge as they appeared in Clerk’s file.

The allonge in blank must be permanently attached to the note in order for it to be effective. F.E. Booker v. Sarasota, Inc., 707 So.2d 886, 887 (Fla. 1st DCA 1998)

The current law firm for Plaintiff, Akerman Senterfit, filed its first Motion for Temporary Release of Original Note, Allonge to Note and Mortgage on or about April 1, 2011.

When the hearing was originally held on the Akerman Senterfit Motion, the firm was represented by Nathaniel D. Callahan. In a conference immediately prior to the hearing on the Motion, the undersigned explained the Defendant’s objection to the granting of the Motion as making sure that the order of the documents was not disturbed and that the documents not be manipulated, destroyed or damaged, as Defendant raised the issue that the Allonge was not permanently attached to the Note. The condition of the Note and the fact that it was not attached to the Allonge was important to the Defendant.

During the undersigned’s inspection of the official Clerk’s file on February 8, 2011, the undersigned took note of the sequencing of the documents in the file and the condition of the documents in the file.

The undersigned observed that the Note was immediately in front of the Mortgage in the official Clerk’s file. The Allonge was not adjacent to the Note and was not immediately before or after the Note in the official Clerk’s file. The Note was separated from the Allonge by many pages.

The undersigned also observed that the Allonge was free of any holes in the upper left corner which would indicate that the allonge had never been stapled as a means to permanently attach the Allonge to the Note. Photographs of copies of the Note, Mortgage and Allonge as it was placed in the official Clerk’s file records are attached as Exhibit A.

Subsequently the Akerman Senterfitt firm sought again to remove the documents for use at the Lynn E. Szymoniak deposition, which was scheduled initially for January 31, 2012, and which was cancelled by Plaintiff on the day of that deposition, and then reset for March 9, 2012. The Court granted the subsequent request to remove the original documents and in its order ruled “The Clerk shall substitute certified copies for the originals removed. The certified copies shall be returned to the Plaintiff’s counsel upon return of the originals to the court file.”

At the deposition, Akerman Sentefit, with its six attorneys present, asked the Defendant Lynn E. Szymoniak to identify the Mortgage, Note and Allonge which had been removed by the Akerman Senterfitt firm for the purpose of using same for questioning at the deposition.

It was at that time that the Defendant Lynn E. Szymoniak and the undersigned discovered that Akerman Senterfitt had altered, destroyed and damaged the documents which had been entrusted to the firm.

In particular, Akerman Senterfitt had repeatedly stapled and otherwise put holes in the Allonge which had never existed before. This was done in an apparent attempt to make the original Allonge appear to have been permanently affixed to the Note in this case in order to overcome the ineffectiveness of the Allonge, as it had not previously been attached to the Note. There was no other reason for Akerman Senterfitt to damage the official Clerk’s documents.

Curiously, only Akerman Senterfitt had access to these documents once they left the possession of the Clerk.

Plaintiff’s counsel Akerman Senterfitt certainly had an interest in countering the argument of Defendant Lynn E. Szmoniak that not only was the Allonge not permanently attached to the Note but it was also never adjacent to the Note in the original Clerk’s files.

By the renumbering of the documents in the original Clerk’s files, the Plaintiff, possibly through its attorneys Akerman Senterfitt, tried to suggest that the Allonge was properly adjacent to and permanently attached to the Note, when in fact it was not.

The tomfoolery associated with the damage done to the original Clerk’s file documents and the apparent manipulation of the sequencing of documents in the original Clerk’s file indicates that the Plaintiff through its attorneys has either (1) innocently stapled and restapled and restapled the previously unstapled Allonge and has somehow innocently realigned the numbering on the official Clerk’s file documents or (2) it has allowed or intentionally did cause the damage to occur to the Allonge because it was in the interests of the Plaintiff to remove the defense offered by the Defendant or it has allowed or intentionally did cause the numbering on the documents to be altered or re-sequenced the documents prior to numbering because it was in the interests of the Plaintiff to remove the defense offered by the Defendant.

Remember, this is the same firm that named Lynn’s son in her foreclosure to try and destroy his reputation and credit…

Shortly after appearing on “60 Minutes” Szymoniak won a major victory in her own foreclosure case. The court found that Deutsche Bank was unable to demonstrate ownership of her mortgage, which had originally been issued by the defunct subprime mortgage lender Option One, and threw the case out.

Deutsche Bank was permitted to refile their case if they could obtain proper documentation, however. And on Friday, May 6, Szymoniak received a notification from the bank’s lawyers that she was again being sued for foreclosure.

But Deutsche Bank wasn’t just going after her. The bank was also attempting to sue her son, Mark Cullen, who is currently pursuing a graduate degree in poetry at the New School in New York. Cullen hasn’t lived in Szymoniak’s house for seven years and is not a party to any aspect of her mortgage — he has no interest in either the property or the loan, and never has had any such interest, according to Szymoniak.

“It is just absolute harassment,” Szymoniak said. “He doesn’t own anything, for god’s sake! He’s getting a masters in poetry.

Disgusting…

Full pleading below…

~

4closureFraud.org

~

DEFENDANT SZYMONIAK’S OBJECTION TO CONTINUED USE OF ORIGINAL COURT DOCUMENTS BY PLAINTIFF

Comments
10 Responses to “Altered Documents by Akerman Senterfitt? | DEFENDANT SZYMONIAK’S OBJECTION TO CONTINUED USE OF ORIGINAL COURT DOCUMENTS BY PLAINTIFF”
  1. Learning2 says:

    I would like to get in touch with Lynn E. Szymoniak and/or others who can assist or review a future letter I intend to write regarding my purchase mortgages which were materially altered, signatures forged and lack of notary at closing. These documents were then filed with the County Clerk and were presented and used in Court by Wells Fargo during the trial. The non-jury trial ended in a judgment against me which I am in the process of appealing.

    The attorneys for Wells Fargo were well aware that the original Mortgages were different than those signed by me, the Borrower, at Closing (through a deposition and again at the trial). The attorney I hired did have the bound copies of the closing docs since our consultation and after I hired him.

    I plan to write to the federal Attorney General and Florida Attorney General, as well as, file a letter to those overseeing the Mortgage Settlement agreement and a couple of others. I’ve already filed a police report in my Florida county.

    Any assistance or recommendations would be greatly appreciated.

  2. MARGETTA LANGLOIS PRO.SE says:

    I HIRED AN ATTY. HE TOOK MY $ 1100. I AM ON S.S. WIDOW’S FIXED INCOME, HE NEVER SIGNED ON

    MY CASE BUT KNEW THESE (5) CO.’S NEVER EXISTED I JUST FOUND OUT ALL (5) CO.’S ARE NOT FLA.

    ENTITIES THE 1 ST. FRAUD ONE WAS A ‘DELAWARE” ENTITY SO ACCORDING TO FLA. LAWS &

    STATUES ‘NO” CASES EXISTS… BUT THE ATTY.’S (8+) OF THEM HAAVE “NO” CLIENTS BUT THE

    JUDGE’S LET THEM “PREVAIL” FOR “KICK-BACKS”..

    JUDGE’S ILLEGLLY BY FRAAUD THREW “STOP” FILING ORDER ON ME TO “PREVAIL’ JUSTICE I

    THROW THE PAPERS IN THEIR MAILBOXES, & 1 COPY TO THE CHIEF JUDGE IN CLEARWATER, FLA,.

    “OBSTRUCTING-JUSTICE BY JUDGES…CREATING A ‘GROSS MISCARRIAGE OF JUSTICE”

  3. Help says:

    I have been the victim of ID theft. The apparent perp is connected and involved in the ‘mortgage business’. The police refuse to file an ID theft file on the NCIC. I am now understanding this failure is a violation of federal law. I fear this guy has used my ID in the commission of crimes, and have reason (much documentation going over many years) to believe he has. My credit report was compromised at one point, as was my ex wife’s, showing non existent addresses constructed to appear legitimate, addresses she never lived at, false soc sec#’s, altered date of birth, etc. and now my DOB (along with hers and his) has been altered on public databases along with his, my ex wife’s of 16 years, (his ex wife of 19 years) etc. He appears to have constructed many different ID profiles on me, my wife (now ex-wife), and him etc. over the years. How ever this is being accomplished, it seems that there is an ongoing revision of information, merging the various profiles, to apparently conceal that they had ever existed independently. This thug would have access, directly or through contacts, to very sophisticated methods and means to accomplish these ends from his job. I am told that the theft of ID becomes the USE of the stolen ID when it is USED as reflected on databases that show use. I NEED HELP! I am in the Atlanta GA area. Who do go to to deal with this? The failure to report this to NCIC is effectively providing this guy COVER, PROTECTION from the investigations he is surely a subject of! He apparently has been involved in mortgage fraud, or related crimes, and has concealed those crimes via ID theft. He is VERY sophisticated. He may very well be involved in a racket that includes powerful attorneys that have made it ALMOST impossible for this guy to be ‘seen’ on the crime computer network during investigations into financial frauds. I believe this guy is dangerous, IMHO. I NEED HELP! This has been going on for a very long time. Far to long!

  4. readdocs says:

    By now it would seem the taxpayers would connect the dots. We’re being played like
    a violin. By both sides. Both sides are the same bunch of crooks, communists who
    are out to utterly destroy this free country. If not through one avenue, then any avenue
    that promises leeway. It’s the financial structure after they have completely destroyed
    our educational system.

  5. jaclyn says:

    BASTARDS

  6. fANCY ALTERED DOCUMENTS! THIS SEEMS TO BE A NORMAL COURSE OF BUSINESS FOR LAWYERS. I AM SUING MY OWN ATTORNEY FOR ALTERING AN AMENDED COMPLAINT AND SENDING A FRAUD COMPLAINT I REFUSED TO SIGN AND HAVE ABSOLUTE PROOF OF IT. HE USED IT TO KILL MY CASE AND HELP THE CITY LAWYERS WHOM FILED FALSE AFFIDAVITS TO THE COURT AND COMMITTED FRAUD UPON THE COURT WITH MY ATTORNEYS HELP. lOOK AT ALL THE ALTERED AND FRAUD AFFIDAVITS IN THE COUNTY RECORDS. WE ARE SURROUNDED BY CRIMINALS AND CRIME. THIS SHOULD NOT BE DIFFICULT FOR THE JUDGE TO BELIEVE. NORMAL FOR CORRUPT ATTORNEYS. THEY HAVE BEEN DOING IT FOR SO LONG THEY THINK THIS IS NORMAL.

  7. And now Deutsche is subpeoning everything but the kitchen sink that has contact with Lynns home. Have you ever heard of a pool boy and help being subpeonied to testify on a mortgage loan? Well Lynns pool boy and many others are being subpeonied. Does Lynn have any pets? Perhaps they should be subpeonied. Next she will have a dead fish in her bed or pool. PROVES JUST HOW PHSYCO THESE GANGSTERS ARE! I MEAN BANKSTERS! I MEAN PHSYCO GANSTER BANKSTERS! START DIGGING INTO THE CREDIT DEFAULT SWAPS AND SECURITIES FRAUD IN YOUR CASES. LETS PUT THESE CREEPS IN JAIL.

    • incognito123 says:

      Yea, were they there witnessing her allegedly signing the documents, or in possession? Hmmmm, think safe to say NO, so what relevance can they testify to – - mmmmm, nothing…… we need to restore the rule of law in our courts and this country!

  8. Heather says:

    not akermann senterfit. you don’t say. I have a perfect copy of an original note that akerman says is real that is still sitting totally water damaged in the courthouse file. only the original signatures ran.

  9. zurenarrh says:

    Miss Lynn don’t play, bitchez!

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