CALL TO ACTION- GET ME BOGUS ASSIGNMENTS AND AFFIDAVITS

While this call to action is from Attorney Weidner, I would suggest that in addition to sending questionable or bogus assignments to Weidner, you also email them to ngarfield@msn.com, or fax them to 772-594-6244. If you are concerned about anonymity, just create an email on one of the free services (gmail, hotmail etc.) and before scanning or faxing (1) use a black marker to redact any identifying information about yourself (2) make a copy of the redacted version to make sure the lettering underneath does not show through and then (3) fax or email it.

In Florida

CALL TO ACTION- GET ME BOGUS ASSIGNMENTS AND AFFIDAVITS
March 13th, 2010

For months now, one of the most sophisticated and aggressive group of Foreclosure Defense attorneys in the state have been collecting evidence of questionable assignments and affidavits of amounts due and owing and affidavits of attorney’s fees. Due to the sensitive nature of this, I’m not disclosing the names of the attorneys, but they are reading this post and if they want to identify themselves they can reply to this post.

Quite simply, as they’ve reviewed hundreds or thousands of affidavits and assignments, and compared the dates and signatures on the documents, they do not appear to be legitimate.

In some cases an affiant has allegedly signed dozens of documents in several states all on the same day. In other cases, the signers are allegedly signing documents on days when they have other evidence that the signers could not or should not have been signing on the days the documents are allegedly signed. In almost all the cases, when you compare the alleged signature of the signer with documents which bear the signer’s real signature (like on a mortgage for their own home), the signature on the affidavits and other documents are completely different.

This conduct seriously undermines the judicial system and is totally unacceptable when any party does it….but we have good reason to believe that attorneys affiliated in various ways with the foreclosure mills are actively participating in creating false affidavits and documents. In at least one case, the foreclosure mills “withdrew” affidavits signed by attorneys that were submitted to courts when they were challenged as being fraudulent. When they were sought for deposition, the court granted a protective order preventing the false attorney signers from being deposed….apparently when you commit a fraud on the court and you’re caught, you can withdraw the fraud and you get a free pass.

CALL TO ACTION- GET THE DOCUMENTS!

This cannot be allowed to continue. We all need to work together to collect affidavits and assignments, then post them in one centralized locations so that all who are involved in this fight can compare signatures and dates on these signatures. Depositions are scheduled for several of the false signers and the more examples of affidavits and assignments we have the better. Pro se folks, activists and attorneys, please take some time and email or fax all the affidavits and assignments you can to me. My email is weidnerlaw@yahoo.com, my fax is 727/213-6235. If affidavits are posted elsewhere, please send me links I will post the links.

We are particularly interested in affidavits of attorney time at this stage because depositions of attorneys who purportedly signed these affidavits are currently set. The foreclosure mills are fighting like hell to not have these depositions taken.

What are they afraid of? All the signer has to say is, “Yes, I signed that affidavit.” Problem is outside evidence suggests that the affidavit signer could not have actually signed the affidavit and in many cases, the signatures are wildly different. Nailing the mills on this will have major implications. I’m willing to bet that in many cases, the mills don’t bother to have affidavits of attorney’s time properly prepared, witnessed and notarized. I’m willing to bet they just gloss over these “minor” details and have created some perfunctory process where affidavits are just blown through and signed by any old person…and not the person’s name who is on the signature line….that’s fraud.

If we all do our job and work together here, we will have a database of publicly accessible affidavits that can be compared, used in depositions and shared with the courts…..please help, email or fax affidavits and assignments to 727/213-6235 weidnerlaw@yahoo.com

10 Responses

  1. I have some on my blog at http://www.mariokenny.wordpress.com and also on http://www.briankkorteesq.wordpress.com you are welcomes to download and print them I am collecting these for the public.

  2. Question this is not on mortgage but on a credit card that is suing me the affiant was attorney of fact, notarized in Florida

    but the Florida bar does not list the attorney of fact…

    would that be of interest to you.. and is that enough to dismiss most of the case. the credit company is in Utah and has sued me in my state but Florida was where the affiant was notarized… I’ll send copy if you need it for anythihng. THANKS

  3. Florida Judge finds “Fraud On The Court”, DISMISSES WITH PREJUDICE. Plantiff U.S. BANK N.A. also is a “Failure To Appear”.

    see:
    http://mattweidnerlaw.com/blog/wp-content/uploads/2010/04/harpster.pdf

    IN PERTINENT PART:

    IN RE: ERNEST E. HARPSTER, Defendant

    IT IS THEREFORE. ORDERED AND ADJUDGED THAT:

    1) 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.

    2) The Motion in Limine is granted. The Plaintiff shall be prohibited from introducing into evidence the alleged Promissory Note.

    3) The Second Motion in Limine is granted. 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.

    4) 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. This Court has the power to dismiss a case upon a showing of a commission of fraud on the Court by a party. (See Taylor v. Martell (41 DCA, 2005). Also. F.R. C.P. 1.150 allows the striking of sham pleadings upon a proper showing. The Defendant shall go henceforth without day.

    5) This Court reserves ruling on the issue of the amount of reasonable attorney’s fees and costs to be awarded the Defendant. Attorney’s fees shall be assessed in favor the Defendant against the Plaintiff at a future evidentiary hearing.

    LYNN TEPPER
    Circuit Judge

    Cc: David Stem, P.A

  4. As a former certified process server, I am amazed
    at the fraudulent billing being submitted by some
    firms for service of process that was never done or that was unnecessary to do in the first place.
    Apparently the whole foreclosure process by the
    mills is just so packed with fraud and fraudulent
    billing that it is just unbelievable

  5. Here are all of the documents we came up with so far…

    The Whole Country is BOGUS – Fabricated Mortgage Assignments All Over the Country

    4closureFraud
    1-561-880-LIES

  6. Hi Neil

    i did send you via email a lot of stuff and did not hear. Last time I sent a Power Point Presentation which contains a lot of Fake and Fabricated assignment and nothing heard back. Then later on I sent to attorney Weidner via email weidnerlaw@yahoo.com and spoke with him too and he has received those. I did sent a lot of other stuff via email ngarfield@msn.com

  7. For sure I will send you the 3 or 4 I have asap, I can see how important this is and I thank you in advance for doing this for yourself and for all of us homeowners.

  8. Why isn’t atty Weidner on your lawyer list? Has he not attended a livinglies workshop?

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