Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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Mortgage Assignment Fraud - David Sterns Office Commits Fraud on The Court - Case Dismissed WITH Prejudice

Foreclosure Fraud | April 7, 2010 at 7:06 AM | Tags:

U.S. Bank National Assoc., as Trustee v. Ernest E. Harpster Sl-2007-CA-6684-ES

Via Matt Weidners Blog at

Well well well...

Looks like an Assignment of Mortgage was FRAUDULENTLY created by David Sterns office and signed by Cheryl Samons. Who woulda thunk...

"By now the fact that foreclosure mills, pretender lenders and their document mills across the country are perpetrating widespread and systemic fraud on the courts is not news.  Well sure major questions remain unanswered such as what will be the ultimate price of all this fraud…as reported previously much of this fraud will go unpunished because much of the evidence is apparently being sent back to the law firms that commit the fraud. (In violation of court rules)  But so much is sliding by these days.

We all must do everything we can to bring fraud to the court’s attention and to preserve the evidence when it is found.  Attached here is the brilliant work of a Foreclosure Fraud Fighter, Ralph Fisher of Tampa, Florida who shows us what the courts are willing to do when a good attorney makes AND PROVES a case of fraud…..Case dismissed WITH PREJUDICE".

From the order

The hearing time was set for March 1, 2010 at 3 p.m.  for a 20-minute hearing but the Plaintiff  failed to appear.

after sounding the halls and after awaiting telephonic communication from  the Plaintiff. The Plaintiff  still failed  to appear. An assistant for Plaintiff  s counsel called at about 3:44 p.m.  to  find out the outcome of  the hearing.

Motion to Compel, the court finds  that the Plaintiff  has failed  to produce answers to  the Interrogatories for a period of  26 months

The Defendant's Motion in  Limine/Motion to  Strike was based on an allegation that the Assignment of Mortgage was created after the  filing of  this action, but the document date and notarial date were purposely backdated by  the Plaintiff to a date prior the filing of  this foreclosure action.

The Assignment, as an  instrument of  fraud  in  this Court intentionally perpetrated upon this court by the Plaintiff, was made to appear as though it was created and notorized on December 5, 2007. However, that purported creation/notarization date was facially  impossiblethe stamp on the notary was dated May 19,2012. Since Notary commissions only last four years in Florida (see F  .S.  Section 117.01  (l  )), the notary stamp used on this instrument did not even exist until approximately five months after the purported date on the Assignment.

The court specifically finds  that the purported Assignment did not exist at the time of  filing of this action;  that the purported Assignment was subsequently created and the execution date and notarial date were fraudulently backdated, in a purposeful, intentional effort to mislead the Defendant and this Court. The Court rejects the Assignment and finds  that is not entitled to introduction in evidence for any purpose. The Court finds  that the Plaintiff does not have standing to bring its action.


The Motion to Compel is granted. As a sanction for egregious failure to comply with discovery Rules the Plaintiff  shall be prohibited from presenting the alleged Promissory Note to  this Court.

The Plaintiff  shall be prohibited from introducing into evidence the alleged Promissory Note.

The Plaintiff's recording and filing regarding the fraudulent Assignment of Mortgage is  stricken, and the Plaintiff  is prohibited from entering the Assignment of Mortgage into evidence.

The Motion for Rehearing of Defendant's Motion to Dismiss is granted and the Motion to Dismiss is granted. The Plaintiff's complaint is dismissed with prejudice, based on the fraud intentionally perpetrated upon the Court by the Plaintiff.

Moral to the story... ALL assignments are FRAUDULENT.



U.S. Bank National Assoc., as Trustee v. Ernest E. Harpster Sl-2007-CA-6684-ES

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Ann a land mark case , but one out of how many.... Mr. Stern has just listed a forclousure based company on NASDQ, do ya think that any of the FL judges including the one that gave Mr. Strern a PR slap on the wrist are invested in his company out of China????

And not only that, how many are looking the other way, while FL becomes a non-judicial state for forclousure actions.... It is all just to convenient in my mind at least.

Less work for them, NEXT..... great income investment for them in Mr. Stern's new venture. 

Things sure are strange down there in FL! 

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The good point here is this case now becomes a case law which can be used as reference case law in all the Motions to defend a foreclosure lawsuit. E-mail the case to everybody you know and the foreclosure defense lawyers you know. I even e-mail this info to the Chief Judges of several Florida counties and the foreclosure defense lawyers. Let the good news be known that fraudulent bogus assignments is now a legal cause to have the foreclosure dismissed WITH PREJUDICE (the bank can't refile the foreclosure).

I also e-mail them the info that David Stern Foreclosure Mill owner now become multi-millionaire, going global and NASDA Wall Street thanks to the Court system allowing his company foreclosed on thousands of homeowners.
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All the rules have changed in the last couple of months. Lending banks are now being held accountable for the trap they set, borrowing money they didn't themselves have, while using loose and illegal practices in the process. The massive lawsuit against Wells Fargo / Wachovia, Indymac / OneWest bank, Citibank, Bank of America, JP Morgan Chase, GMAC..............can actually, not only put a stop to your foreclosure, but also pause your house payments with no loss to you............

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But where does a dismiss with prejudice leave the homeowner?

It appears that although the bank cannot file on the original complaint, the debt is still considered owed and possibly the banks will file under a new notice of default?

Possibly the homeowners needs to wait until the statute of limitations runs out on the note and file for a quiet title?

I still see the homeowner in limbo even with the dismiss with prejudice.
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