We are in receipt of a document from an anonymous source (Anonymous.pdf), which we are attaching here just the way we received it (the handwriting and highlighting on it were already there). It purports to be instructions for paralegals as to how to create affidavits for filing so that the signatures could be mixed and matched at will. For example, it instructs them to make sure the page break is right before the signature, so that any signature page can be used on any affidavit.
Although, the anonymous document did not disclose which law firm it came from, it appears to match up with Ben-Ezra affidavits. For example, in the attached Affidavit As to Attorney’s Fees from U.S. Bank v. Ginyard (Ginyard), line one has the year, 1994, as instructed. Line 3 contains the $150 and $70 dollars mentioned in the instructions. And Line D is the last line of the page. As you can see from the instructions, the paralegals are to then:
- Print, attach signature page (extras found in drawer)
- have notarized
- white out old file number on bottom and back of sign. Pg.
- Make Cert, of filing and have attny. sign.
We’ve also attached two other examples from Ayala (Ayala) and Flowers (Flowers). Because the attorney fee affidavits from other firms are different, this identifies the anonymous document as relating to Ben-Ezra affidavits. And because these alleged instructions match the affidavits, it suggests that the instructions are actual instructions being used by the firm.
It is important to understand that these are “expert” affidavits that must be executed by attorneys outside the firm (remember the Cullaros?). So, what these instructions say, is that they are using pre-signed signature pages being notarized later as needed. And they are instructed that they can use signature pages from other cases—just white out the file number on the bottom. And not just on the attorneys’ fees affidavits, but on the AOI (Affidavit of Indebtedness)—the main summary judgment affidavits that were at the center of the robo-signing firestorm. In short, this law firm is robo-signing documents right in their own office.
We’ve also attached a recent Motion to Cancel (BEK Cancel Sale) sale filed by the Ben-Ezra firm in which they admit that “the affidavits contain errors and that the affiants were not in front of the notary at the time of the notarization,” which corroborates the robo-signing suggested by the anonymous instructions.
Let this serve as notification to Ben-Ezra Katz! Time to report themselves to the judges in all affected cases and also the Florida Bar as per the new Florida Bar order.