“Lisa Epstein, is an advocate for the People of Florida and her arena is the public. Her strengths are in her First Amendment rights as a journalist and an Advocate. That is why your letter and this response will be posted on her Blog, www.foreclosurehamlet.org, as well as, www.4closurefraud.org.”
We have wondered when a day like this would come. Now it has arrived and it is time to fight. It will be an interesting fight if NTC chooses to proceed with their threats. It is hard to take someone down when they have nothing to lose.
Below is a cease and desist letter with exhibits from Nationwide Tile Clearing Attorney Michael B. Colgan with GLENN RASMUSSEN FOGARTY & HOOKER to Lisa Epstein and Lisa’s response through her attorney.
The letter and the response speak for themselves but here are some excerpts.
From Nationwide’s cease and desist letter…
Dear Ms. Epstein:
We are counsel to Nationwide Title Clearing, Inc. [“NTC”). I am notifying you that
your firm’s website, www.foreclosurehamlet.org. contains materially false statements
regarding NTC, Bryan Bly, and Crystal Moore, claiming that NTC creates false documents
for financial institutions that are subsequently submitted to courts in mortgage foreclosure
proceedings. More specifically, your website contains the following postings which are
materially false and misleading:
On November 77,201,0, your site states:
MISSION CRITICAL – H.R. 3803 Needs Congressional Attention: Insist Upon a Congressional
Vote to Uphold the Presidential Veto
This posting falsely accuses Crystal Moore of being a “criminal perpetrator” when
she executes documents on behalf of NTC. The posting must be removed immediately. In
addition, on November L9, 20L0, Sarasota Circuit Judge Rick DeFuria entered a temporary
and mandatory injunction against Christopher Forrest and The Forrest Law Firm, and all
persons acting in concert with either, enjoining those individuals from “posting, publishing,
disseminating, or maintaining materials from the video depositions of [Bryan Bly, Crystal
Moore, and Dhurata Doko] until further order by this Court.” A copy of |udge DeFuria’s
injunction is enclosed for your review.
Your site’s November 8,2010, post contains a post with the heading
“Mortgage Fraud” that reads as follows:
Featuring Wildly Productive Robosigners Bryan Bly of
Document Solutions Company, Nationwide Title Clearing:
Not only does your post summarize Mr. Bly’s deposition post which is in violation of
judge DeFuria’s injunction as stated above, your website falsely implies that it was
improper for Mr. Bly to sign numerous mortgage assignments each day as an officer of over
20 banks and mortgage companies, even though he was told there were corporate
resolutions from those companies authorizing him to sign as an officer of those banks and
mortgage companies. You go on to falsely imply that Mr. Bly was guilty of wrongful
conduct because he did not read the assignments before signing them and had no
knowledge of their contents. All of this of course, is posted under the heading “Mortgage
As I am sure you know by now, NTC has duly-executed resolutions or powers of
attorney for the financial institutions on whose behalf Mr. Bly executed the assignments.
Assignments simply need to be executed; the signer is not required to read them before
signing, and your posts suggest otherwise. It is false and misleading and must be removed
Your post of October 11,2010, entitled “Pigs Ass” wrongfully implies that any
documents created by NTC, Bryan BIy, or Crystal Moore should be presumed to be
false. The post states:
NTC, Bryan Bly or Crystal Moore,
should be presumed by others to be false is materially false and misleading, as well as
legally actionable. This post must be removed immediately.
Your post dated September 14,2010, and entitled “Anthology of the
Works of a Prolific Robosigner: Jeffrey Stephan of GMAC”
Your post of fune 29,20’1,0, entitled “Comments for: Lynn Szymoniak”
The statement that Mary Jo McGowan of NTC is a “fraudulent signer” and that the
“fraud . . . is coming out of Pinellas Counly/” (where NTC has its offices) is false and
materially misleading. It must be removed immediately.
Complete copies of these website posts are attached hereto for your review. (below)
You must remove all references to Mr. Bly, Ms. Moore, NTC, or any of its other
employees within five [5J days of the date of the letter and cease and desist making any
false statements about Mr. Bly, NTC, or its employees, whether on the Internet or
To the extent that you contend that you published these comments in good faith; or
that their falsity was within the protective mechanism outlined in Section 770.02, Florida
statutes which NTC disputesJ, NTC, Mr. Bly, Ms. Moore, Ms. Doko and Ms. McGowan hereby
demand that a full and fair correction, apology, or retraction be made as provided by law.
If you do not remove these false statements and cease your wrongful activity, NTC
intends to avail itself of all available legal remedies against you and anyone else associated
with www. foreclosurehamlet.org.
You have been duly notified. Govern yourself accordingly.
Full NTC letter and exhibits are below with Lisa’s response (text version here) and examples of affidavits, where they swear of personal knowledge, and other documents signed by the NTC employees…
Be sure to read both letters and exhibits in full. This one is going to get interesting…
Oh, and while we are at it, do me a favor by nominating Lisa for her Netroots Nation scholarship here…