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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John Lewis
Great Fantastic News!

Any questions don't hesitate -- yes you may not get the response you want ~ but you will know many of us here are here to be of assistance ~ we want you to WIN!

Again, great job and yes get to work!
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John Lewis
Just wanted to repost "HungarianProse" good news - didn't want it to get lost:"

"Hi Everyone..

Just back from the Court House, i set a hearing on my motion to compel for production of documents. Plaintiff had a hearing scheduled a SJ for next week. But they have not answered my request for production over a year. ( David Stern was the original Counsel for the Plaintiff. Anyway, now i have an order from the Judge, they have 30 day to produce and the SJ hearing is canceled for next week. Time to get back to work..LOL"

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John Lewis

A suggestion or two:

1. thirty days is not enough time to prepare right?  if you agree, and I would really like other forum participants input here, is to prepare and submit another round of discovery.

remember as long as you have discovery outstanding they, well some judge do, cannot grant a sj -- and that should be your objective --

2. in the meantime you should really review Ropers section on hearsay etc posts --- if you agree and want me to post the exact location for each I will just ask.

3. you should also review the Glarum and the recent Feltus case out of the 4th.

hope this helps / jl 

ps do i search Glarum v lasalle and you will find all of the appellate briefs - it is a fantastic read and I think that it probably will fit ur scenario too. 
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Bill
John Lewis wrote:
Just wanted to repost "HungarianProse" good news - didn't want it to get lost:"

"Hi Everyone..

Just back from the Court House, i set a hearing on my motion to compel for production of documents. Plaintiff had a hearing scheduled a SJ for next week. But they have not answered my request for production over a year. ( David Stern was the original Counsel for the Plaintiff. Anyway, now i have an order from the Judge, they have 30 day to produce and the SJ hearing is canceled for next week. Time to get back to work..LOL"


Yes, that is very good news.  He really needs to get back to work.  

Keep in mind, in some jurisdictions the extra 30 days does NOT change the time-line in which to file a response to Summary Judgment, it simply changes the hearing date.  He really needs to read the cases.  IF he files a response LATE it may be open to a motion to strike because it is untimely and will not be considered by the Court.  He still may need an enlargement of time in which to respond.

HE NEEDS TO READ THE RULES AND CASES.

I'm not an attorney, this isn't legal advice.  
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John Lewis
Bill said:
"IF he files a response LATE it may be open to a motion to strike because it is untimely and will not be considered by the Court. He still may need an enlargement of time in which to respond."

H_Prose:  if you want to give me the dates that Bill is referring to I have an atty friend and I will run it by him and then get back to you- ur call!
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Glarum briefs
http://www.scribd.com/search-my-documents?query=glarum

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HungarianProse

 

 " Keep in mind, in some jurisdictions the extra 30 days does NOT change the time-line in which to file a response to Summary Judgment, it simply changes the hearing date. He really needs to read the cases. IF he files a response LATE it may be open to a motion to strike because it is untimely and will not be considered by the Court. He still may need an enlargement of time in which to respond. "

 

Well the date was for Feb 9th,but that hearing is canceled by the Judge. My guess is they will comply with order and reset the hearing date for SJ.  Now here is what happened, back in 2010 they filed for SJ and i filed an opposition to that SJ at that time. No hearing was set as David Stern's firm was sinking like the Titanic. Now the Plaintiff with their new Counsel filed a new motion for SJ with somewhat different allegations. So i am filing a new opposition to that, but in the mean time i want to see what document they will give me.

 

 


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HungarianProse

 

John: thank you for all your help and please i am open to any idea or suggestions.


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HungarianProse

Everyone: the Feltus case is one of the best news for us in my opinion.

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Bill
John Lewis wrote:
Bill said:
"IF he files a response LATE it may be open to a motion to strike because it is untimely and will not be considered by the Court. He still may need an enlargement of time in which to respond."

H_Prose:  if you want to give me the dates that Bill is referring to I have an atty friend and I will run it by him and then get back to you- ur call!

My post was NOT to suggest I know something he missed.  It was just to point out that his failure to file a motion to compel in a timely way shows he's not on the ball with the rules.  The judge COULD have easily said by his failure to compel responses for over a year he WAIVED a response.  The judge gave him a "second life".  He needs to read and UNDERSTAND the rules so he doesn't miss deadlines.  Some deadlines can be fatal to his defense.  


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Floyd
Quote:
Keep in mind, in some jurisdictions the extra 30 days does NOT change the time-line in which to file a response to Summary Judgment, it simply changes the hearing date. He really needs to read the cases. IF he files a response LATE it may be open to a motion to strike because it is untimely and will not be considered by the Court. He still may need an enlargement of time in which to respond.

HE NEEDS TO READ THE RULES AND CASES. 
 
Good advice!

From Florida's Rule 1.510. SUMMARY JUDGMENT:
(c) Motion and Proceedings Thereon.  The motion shall state with particularity the grounds upon which it is based and the substantial matters of law to be argued and shall specifically identify any affidavits, answers to interrogatories, admissions, depositions, and other materials as would be admissible in evidence ("summary judgment evidence") on which the movant relies.  The movant shall serve the motion at least 20 days before the time fixed for the hearing, and shall also serve at that time a copy of any summary judgment evidence on which the movant relies that has not already been filed with the court.  The adverse party shall identify, by notice mailed to the movant‘s attorney at least 5 days prior to the day of the hearing, or delivered no later than 5:00 p.m. 2 business days prior to the day of the hearing, any summary judgment evidence on which the adverse party relies.  To the extent that summary judgment evidence has not already been filed with the court, the adverse party shall serve a copy on the movant by mail at least 5 days prior to the day of the hearing, or by delivery to the movant‘s attorney no later than 5:00 p.m. 2 business days prior to the day of hearing. The judgment sought shall be rendered forthwith if the pleadings and summary judgment evidence on file show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. A summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a genuine issue as to the amount of damages.

HungarianProse might also want to try to put together a cross-motion for defensive summary judgment on the evidentiary issues as outlined by Mr. Roper.

 

If the trial court grants a plaintiff's motion for summary judgment and denies the defendant's motion, in many states the appellate court reviews both cross-motions de novo.  An appellate court can then not only reverse, but also dismiss.  I am unsure whether Florida courts review both cross-motions on appeal.

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John Lewis
H_ProSe +4
Bill +5
Floyd +5

ps: H_ProSe --- plez take the time to read Glarum -- all briefs
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HungarianProse
Bill wrote:
Bill said:
"IF he files a response LATE it may be open to a motion to strike because it is untimely and will not be considered by the Court. He still may need an enlargement of time in which to respond."

H_Prose:  if you want to give me the dates that Bill is referring to I have an atty friend and I will run it by him and then get back to you- ur call!

My post was NOT to suggest I know something he missed.  It was just to point out that his failure to file a motion to compel in a timely way shows he's not on the ball with the rules.  The judge COULD have easily said by his failure to compel responses for over a year he WAIVED a response.  The judge gave him a "second life".  He needs to read and UNDERSTAND the rules so he doesn't miss deadlines.  Some deadlines can be fatal to his defense.  


Bill, in my case i tried to get the Plaintiff to answer my requests but David Stern's office was not doing anything. I filed a motion to compel, but did not set it up for hearing. The new firm for the plaintiff did give me some response such as my request for MERS tracking and request for admissions and filed the non-resident cost bond. So i am must have filed about 10 motions. Of course i need to learn more and that is why i am here. Anyway, thank you for all your help. This is a great forum!
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HungarianProse

John Lewis wrote:
H_ProSe +4
Bill +5
Floyd +5

ps: H_ProSe --- plez take the time to read Glarum -- all briefs

 

I did read it as soon as it came out. I have it printed front of me right now. I also think that the Fetus case is huge for us, and no rehearing will be done on that one. I guess it is final.

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George Burns
It must be my medication, but this whole thing does not make sense to me, so What am I missing?

HungarianProSe said:
"Hi Everyone..

Just back from the Court House, i set a hearing on my motion to compel for production of documents. Plaintiff had a hearing scheduled a SJ for next week. But they have not answered my request for production over a year. ( David Stern was the original Counsel for the Plaintiff. Anyway, now i have an order from the Judge, they have 30 day to produce and the SJ hearing is canceled for next week. Time to get back to work..LOL"

If, as he says " I set a hearing on my motion to compel" then how can he now "have an order ...to produce." ? The purpose of a hearing is to get an order. How can he have the order BEFORE there is the hearing?????

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HungarianProse
George Burns wrote:
It must be my medication, but this whole thing does not make sense to me, so What am I missing?

HungarianProSe said:
"Hi Everyone..

Just back from the Court House, i set a hearing on my motion to compel for production of documents. Plaintiff had a hearing scheduled a SJ for next week. But they have not answered my request for production over a year. ( David Stern was the original Counsel for the Plaintiff. Anyway, now i have an order from the Judge, they have 30 day to produce and the SJ hearing is canceled for next week. Time to get back to work..LOL"

If, as he says " I set a hearing on my motion to compel" then how can he now "have an order ...to produce." ? The purpose of a hearing is to get an order. How can he have the order BEFORE there is the hearing?????

I have on order from the Judge compelling the Plaintiff to produce the documents. The Plaintiff is ordered to produce. Sorry for the misunderstanding.

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HungarianProse

John, please send me an email to LECSO1964@HOTMAIL.COM

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John Lewis

H_ProSe:  no Feltus was also on a rehearing - please visit the recent threat by Floyd and see the postings:

 

FL COA: Feltus v. U.S. Bank, N.A., No. 2D10-3727

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John Lewis
H-ProSe -- please be very specific and make sure to use the proper verbiage -- thus, please re-read George Burns post/?'s and try to answer each one separately --- it is ~ well actually extremely ~ important that you be exactly correct in what has and or hasn't been ordered etc. What motions you have presented etc.

As both George Burns and Bill, in my opinion, are very knowledgeable about the 'workings' ie rules and procedures than almost any other on this site -- so pay particular attention to their responses and questions or query's about exactly what has transpired.
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John Lewis

HungarianProSe:

 

From the thread:

MSF Admin   01/23/12 at 12:54 PM       MA Register of Deeds offers Affidavits

 

Note: please read the entire post as it relates directly to Stern’s filings and is very instructive (especially Bill’s and ka’s input)

 

Bill

Quote:Originally Posted by John Lewis

Here is a scenario:

 

The mere fact the Nikki Cureton is a known robo-signer means very little by itself. It does appear to be her signature. It would be better if I could compare it to other samples of her signature and say it was not hers. However, like I said the other day, you have to build up your case like a pyramid. My Assignment of Mortgage shows on its face that it was prepared by David Stern after the lawsuit was filed against me. The effective date of the AOM is in December, 2008, which is impossible because the US Bank trust that is suing me had a cut off date in 2006. Furthermore, if the 2008 assignment date was correct, that would mean my loan was transferred into the trust while it was in default, which creates another issue. My assignment shows consideration was paid to MERS for the assignment, which is also false. Add all of these things up, and you have an AOM that was prepared by plaintiff's counsel for the purpose of perpetrating a fraud on the court by making it look like a real assignment.

 

Bill’s Response: You posted some interesting problems. It is very difficult to prove fraud on the court. Just because something was filed that is NOT correct does not amount to fraud upon the court. U.S. Bank v. Harpster is a good example of fraud upon the court. It is very EASY to discount the value of the assignment and dismiss it as a paperwork mistake or just a memorization of a prior transfer.

 

In the case where Stern did the assignment post commencement I'd really be taking my time reading the assignment. The language often includes:

 

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together with the note and each and every other obligation described in said mortgage and Ihe money due and to become due thereon

 

If you got the Plaintiff to embrace the assignment rather than attack the assignment, this would seem to show that the Plaintiff received the note AFTER COMMENCEMENT. This is even more problematic when an unendorsed copy of the note or a lost note affidavit is attached to the complaint.

 

We all know that most MERS assignments are fraudulent in some way, but you also have to consider this MAY benefit the homeowner in some way. You have to fight the knee jerk reaction to run into court with a hand full of papers trying to show this fraud if the document SUPPORTS your arguments.

 

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