U.S. Bank National Assoc., as Trustee v. Ernest E. Harpster Sl-2007-CA-6684-ESVia Matt Weidners Blog at http://www.mattweidnerlaw.com
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 impossible: the 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.
IT IS THEREFORE. ORDERED AND ADJUDGED THAT:
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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