Well, it looks like the info over at Weidner’s site was a little off although his statemens still stand as true…

This comes in from Matt Weidner…

BOMBSHELL- FREE HO– USE (sorry David J. Stern)!

The bombshells are going to start falling like infantry fire on a battlefield….there are consequences for lies and fraud and open deceit….

Judges can either ignore the blatant lies, fraud and deceit or they can enter the Orders just like this one.  If they enter Orders like this it will be a sign to the American people that there is some fairness and equity left in this country.  All it takes is a few mortgages being wiped out as a penalty for fraud and deceit before the world will really, really take notice of the battle we’ve all been fighting for so many years.

This is not just about fighting for individual homes in foreclosure, it’s about fighting for the heart and soul of America.  There must be some victory for the Common Man and Orders like this are it…

For more on Matt go here…

What really went down is still blatent Foreclosure Fraud but there was no “FREE HO– USE” in the deal…

UPDATE

On Thursday, October 28, 2010, Circuit Court Judge Patricia W. Cocalis granted sanctions against The Law Office of David J. Stern for failing to promptly dismiss a foreclosure action on a property that was already sold. Stern’s office, attorneys for lender U.S Bank as Trustee for the Benefit of the LX 2007-16N Trust Fund, filed a motion for summary judgment in the action back in August, 2010, a full three months after the property had been sold in a “short sale” i.e., one in which the bank agrees to accept less than the full amount due as payment in full.

Canty & Associates, the foreclosure defense firm hired by the homeowner to defend him in this suit, sent a letter and a proposed motion to David Stern’s office advising them that sanctions would be filed if the action was not withdrawn within 21 days, the amount of time that Florida law requires to be given before filing a sanctions motion.

After the 21 days passed, the Canty firm filed its motion for sanctions against Stern’s office, who responded by filing a Voluntary Dismissal with Prejudice a few days before the scheduled hearing date. This Voluntary Dismissal, in which the lender tried to declare itself the “prevailing party, was a blatant attempt at both avoiding sanctions and at the same time preserving the lender’s right to subsequently seek attorneys’ fees against the homeowner. It also allowed the possibility of another Complaint to be filed at some future date by stating that it was done “Without Prejudice.”

The Canty firm then moved to strike the Dismissal, dismiss the Complaint with prejudice and asked for sanctions to be given against David J. Stern’s office. Circuit Court Judge Cocalis granted the motion in its entirety, leaving the amount of sanctions to be determined at a later hearing.

From the order…

Defendant’s Motion for the Court to take Jurisdiction Over the Matter of Sanctions & Outstanding fees is GRANTED

Defendant’s Motion to Strike Plaintiff’s Notice of Voluntary Dismissal is GRANTED

Defendant’s Motion to Strike Plaintiff’s Motion for Summary Judgment is GRANTED & Dismiss Plaintiff Complaint WITH Prejudice is GRANTED

Defendant’s Request for an Order Requiring Plaintiff to File a Satisfaction of Mortgage and Cancellation of Lis Pendens is GRANTED and Plaintiff is required to provide proof that the Defendant’s Mortgage has been SATISFIED and the Lis Pendens is canceled

Defendant’s Motion for Sanctions is GRANTED and Plaintiff is Ordered to Pay Defendant (Reserved Pending Hearing)

Now that’s how you rule on a case…

Check out the order below…

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4closureFraud.org


I sure could use some…

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Sanctions Granted Mortgage Satisfied US Bank NA v Thomas Garner
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