A Smith Hiatt and Diaz case in Broward County Florida…
Some short background information on this pleading, it’s an emergency motion to cancel a final sale based upon Fraud on the Court. This client came to us a month before his final sale date, and already had a default and a final summary judgment entered against him. Besides non-compliance with the pooling and servicing agreement, we uncovered notary fraud (see paragraphs 1-4 and attached exhibits) and a fraudulent assignment and endorsement of a note that was dated in January of 2006, to U.S. Bank National Association, as successor Trustee to Bank of America, National Association as successor by merger to LaSalle Bank, N.A.. However its interesting to note that Bank of America didn’t take over LaSalle Bank until October of 2007, over 1 and 1/2 years later! (see paragraph 17 and attached exhibits). Once the ‘pretender lender’ received our motion they immediately called us and canceled the sale, and we haven’t heard back from them since. We are waiting to have our evidentiary hearing for Fraud on the Court.
Matis H. Abravanel, Esq.
Bank of America vs Julme CACE09-21933-05
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