Sorry I haven’t been keeping up with this little “game.”
Can you believe there has been so much other fraud going on that I haven’t had the time?
Anyway, each week when I have the chance, we will be taking ten random foreclosure cases out of the Palm Beach County court house and picking out the one that has the most fraudulent document in the file.
No Signature, No Problem
Below is an Assignment of Mortgage that was produced by David J. Sterns office.
There are quite a few interesting points to this document.
First and foremost, I would just like to state it is just like all the other assignments that are produced by the mills to create their own evidence to foreclose, so nothing new here…
What makes this particular assignment interesting is how it is filled out.
You see, according to Cheryl Samons’ Deposition, she sits down next to the notary, signs the document, then it gets witnessed, then it gets notarized;
14 BY MR. ICE:
15 Q. Can you describe for me the process in
16 which you execute these documents?
17 MR. BAKALAR: Which documents? Objection.
18 THE WITNESS: He’s talking about
19 assignments, yeah. The assignments are placed in
20 a specific designated area within the floors that
21 I handle and periodically, throughout the day,
22 when I have time, I grab a notary and I go to that
23 specific area and I sign and notarize. Then they
24 are picked up and delivered back out to the proper
1 BY MR. ICE:
2 Q. Is this area that you are describing is
3 this a room?
4 A. On the fifth floor it’s a room. On this
5 floor it’s a table.
6 Q. Are those the only two floors that you have
7 documents for?
8 A. Currently, yes.
9 Q. How many floors does the firm have here?
10 A. There are three floors — four floors in
11 this building and then one floor in the other building.
12 Q. So when you go into the room or up to the
13 table, there is a stack of documents waiting there for
15 A. Yes.
16 Q. And you sit down, the notary sits down next
17 to you?
18 A. Uh-huh.
19 Q. Is that a yes?
20 A. Yes. Sorry.
21 Q. You sign, hand it over to the notary?
22 A. Yes.
23 Q. The notary notarizes it?
24 A. Yes.
25 Q. For the ones back when you had witnesses,
1 is the witness in the room there with you?
2 A. They were, yes.
3 Q. Did they sign before the notary signs or
5 A. Before.
So, if that was truly the process how did this particular assignment get witnessed AND notarized WITHOUT Cheryl Samons’ signature…
It is also curios that the date of the assignment is effective March 3rd, 2008, just before the Lis Pendens, but it was not filed until November 24th 2008.
If I remember correctly this is a serious offense under Florida Statue 117.105.
117.105 False or fraudulent acknowledgments; penalty.–A notary public who falsely or fraudulently takes an acknowledgment of an instrument as a notary public or who falsely or fraudulently makes a certificate as a notary public or who falsely takes or receives an acknowledgment of the signature on a written instrument is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
From previous experience, when there is one of these documents as described above, there are hundreds…