Below is a wonderful write up from Foreclosure Hamlet.org.
If you have not signed up for this site as of yet, I suggest you do. It is free and it has a wonderful support community. You can set up your own page if you like, you can chat live with others from around the country, or you can just look around…
Beth Cerni, employee of David J. Stern Enterprises, Inc or The……….ahem……”Law Offices” of David J. Stern.
She’s quite the expert in the minute details of the loans and mortgages for which her employer, possibly contracted by either LPS, FiServe, or some other foreclosure puppetmaster, “manages” Floridian foreclosures.
Per the assignments of mortgage she produces, she has the dual authority to transfer assets and property from many financial institutions to other financial institutions. The companies who receive these assets and properties are clients of her employer. It is unclear how she is affiliated with the company who is selling or otherwise assigning these assets and properties. How convenient that she is able to create the ONLY evidence which is filed in Florida’s land records and court files that shows how her employer’s clients are the owners of the properties in a foreclosure dispute.
Per the affidavits of amounts due and owing, she also attests to personal knowledge of mortgage loans, payments, amounts due, interest rates, other charges and fees, and any additional information that a Florida judge might need to order a final judgment of foreclosure with a specification of the amount of the obligation.
What’s the big deal with the amount? Well, Florida is a deficiency state. A final judgment for the amount allegedly owed on the mortgage would leave the defendant owing anything above and beyond what the house sells for in the post-foreclosure sale. Here’s a good example of how one can be indebted for a lifetime after losing one’s house to a party who can not competently prove with authentic evidence that they are entitled to foreclose.
So, a person in Florida is being sued by some strange financial institution and their aggressive debt collector David J Stern Enterprises, Inc. This debt collector’s client and the sum owed are not recognizable to the defendant, so an attorney is hired to defend against the claim which includes the alleged debtor’s home and a hefty deficiency that will remain after the value of the home is “liquidated”.
The attorney, Mike Wasylick, puts his case together and brings it to the judge. The judge asks some questions and orders Mr. Wasylick to do some depositions, including one of Beth Cerni.
Mr. Wasylick files a notice of taking depositon of Beth Cerni.
Debt Collector David J Stern Enterprises, Inc replies that they will withdraw Beth Cerni’s affidavit and produce another one. At that point, Mr. Wasylick may take the deposition of the new affiant.
This is modus operandi for these debt collector “law firms”. They produce incompetent affiants attesting to heresay “facts” of which they have no knowledge. These affiants are fulfilling one of the jobs in highest demand in America today, robo-signers on foreclosure related documents. When a notice of deposition or a subpoena is filed, the affidavit, interrogatories, admissions, assignment of mortgage, etc, is immediately withdrawn and a new, well-coached affiant produces another version of the previous document.
Judge Rondolino’s most excellent order: Rondolino transcript.pdf
Per the Judge’s order Mr. Wasylick complied by immediately filing a Notice of Depo of robo-signer Beth Cerni, employee of David J Stern debt collector office.
Motion for Protective Order by Stern’s office who is scrambling to keep Beth Cerni from being a deponent Cerni Mot for Prot Order.pdf
Response to Stern’s Motion and insistence that Beth Cerni be produced for her deposition opp mot prot ord 052610.pdf
Let’s break down what’s happening in Foreclosure World.
A person signs on a mortgage and promissory note based on the advice of supposed experts who are misrepresenting the value of the property with overinflated appraisals from highly incentivized appraisers (many of whom are now being charged with federal crimes). Their income, assets, and terms are altered after the fact to fit whatever loan type will bring in the highest commission for the broker and/or whatever fits the empty holes in the various risk-related-slices (aka: tranches or CDOs) of the mortgage backed security trust that has already been sold to investors and is rapidly approaching it’s closing date. The investment banker companies, unhappy with the manacles of cash regulations, have cleverly turned a promissory note into cash for creating a securities bond, thus escaping the hated regulations. More importantly, with appraisal fraud as a keystone, one can set the value of a promissory note to whatever one wishes it to be!
Armed with the knowledge that a lemon investment has been sold to investors, insurance is purchased, sometimes by unrelated third parties, to pay out beneficiaries-in-collusion, when the security’s default rate hits a determined target.
When the planned, manufactured default occurs, the insured put in their claim, the investors in the mortgage backed securities are hung out to dry, the homeowner is foreclosed and evicted out onto the street. The default and foreclosure triggers a tax write off for the bond holder and insurance pay-out is booked to a different line item in the books.
In comes the debt collector company to grab up the American home. They are hired by foreclosure puppetmasters, like LPS to process the foreclosure. They are graded on their speed and ruthlessness. They will create whatever “evidence” is needed to process the foreclosure. They disregard the laws and rules that are the foundations of our judicial system, land records, state and federal statues. They are secretive in all aspects of the transaction. Who is their client? How was the property transferred to the plaintiff? How does the plaintiff show to the right to foreclose? Under what authority were these notes endorsed and transferred? Where is the proof of transfer of the debt? Who are these robo-signers?
And when we, or our attorneys, ask these questions, the answer is invariably, “We withdraw that, and put in something else.” The name of the plaintiff is changed. The name on the post-foreclosure title is changed. The affiant is changed. The assignment is changed.
Double standard? A promissory note is signed based on misrepresentations and fraud leaving the family dispossessed of their home and life savings, and investors scammed out of their funds. Yet, the documents signed by the representatives of the foreclosing entities are immediately withdrawn upon the slightest hint of examination.
Making up evidence when we need to prove a claim in an American court of law?
Bailing out large, undamaged financial institutions who misrepresented their “product” to every party down the line?
Evicting millions of families from their American homes in wrongful foreclosure actions across our nation?
Inflated indebtedness for 20 years into the future, preventing any hope of recovery?
Land and property records filled with forged, fraudulent documents that have blenderized the true chain of title forevermore?
Judges who are only concerned if a payments are made on a debt that may not even be owed, let alone to the party staking a claim?
Courts that allow, even welcome and aim for, rapid fire case resolutions at any cost and based on insufficient affidavits which are filled with heresay testimony by incompetent witnesses?
Judgments of amounts owed that are unsupported by anything but robo-signers’ testimony?
Even if America’s foreclosure crisis doesn’t personally affect you; one day you or your loved ones may be in front of a judge who is immune to fabricated evidence presented by the adversary’s attorney who had an employee create whatever evidence is needed to prove the client’s case. Think about it. This is so much bigger than the banker propaganda. Be very wary of anything or anyone who pushes the view that this crisis is about people who lied on a mortgage application. That’s called blame shifting. It’s extremely effective. And it’s very dangerous territory.
Citizens have lost faith in our executive, legislative, and judicial branches of government. Citizens have lost faith in the protections of law enforcement and regulatory agencies.
We are a creating a country populated by impoverished, unemployed, disillusioned, and hopeless citizens with nothing left to lose. As the play write James Baldwin so succinctly stated, that is “the most dangerous creation of any society.”