“Original Mortgage” Submitted Had Nothing to do With the Case

Ben Ezra Order to Show Cause Why Ben Ezra & Katz Should Not be Held in Contempt of Court on Feb 11, 2011

Today, February 11, 2011, 23 minutes ago | Foreclosure FraudGo to full article

How is this for some timing.

Last night Fannie Mae announced they are dumping this firm and today we get this…

CENTRAL MORTGAGE COMPANY,
PLAINTIFF,

VS.

EDUARDO GONZALEZ DELREAL
ETAL,
DEFENDANTS,

ORDER TO SHOW CAUSE WHY BEN-EZRA &  KATZ SHOULD NOT BE
HELD IN CONTEMPT OF COURT ON FEBRUARY 11, 2011 AT 9:00A.M.

From the order to show cause…

Counsel  for  the Plaintiff, Ben-Ezra &  Katz were properly noticed  to  appear for  hearing  on  January 21,  2011  and  failed  to  do  so.  The Court attempted to  contact Ben-Ezra &  Katz  to  address  this matter  during hearing,  but was unable  to get anyone on  the  telephone.

In  the  instant Case,  Plaintiff filed  an  action  of foreclosure  on Defendant’s property located at 1301  SW 2601 h  Terrace, Homestead, FL 33032.

In  support  of its  Summary  Judgment  filed  on  August  9,  2010,  Plaintiff presented to  the Court various documents,  including but not limited to,

a.  Notice  of Filing Original  Note  and Original Mortgage  dated  July  1, 2009.
b.  Notice of Filing Assignment of Mortgage dated April  2, 2009.

Specifically,  the  “Original Note  and  Original Mortgage”  was  filed months after Plaintiff represented  to  Court  in  its  Complaint  that  the  original Note and Mortgage had  been  lost.  This  in  it of itself is a Fraud upon  the Court. However,  this  pales  in  comparison  to  the  subsequent  outright  fraud presented  to  the  Court in  order  to  pursue  a  foreclosure  action  against  the Defendant and mislead the Court to obtain the entry of said Judgment.

Although  this “original” Note and Mortgage  is  an  “original,”  it has  nothing to  do  with  the  subject  property  of this  action.  This  note  and  mortgage belongs  to  borrower  named  Elena  Gonzalez,  with  a  property  address  of 4217  24th  Street  SW,  Lehigh  Acres,  Florida  33971.  However,  this document  was  not  only  filed  but  the  Notice  of Filing  was  signed  by  a representative  of Ben-Ezra  and  Katz,  Plaintiff’s  Counsel,  wherein  it  was certified that it was  the Original Note and Mortgage of  this  subject action.

Additionally,  the Assignment of Mortgage is a complete sham.  Upon closer inspection  by  this  Court,  pursuant  to  Defendant’s Motion,  the  Court  notes that  this  Assignment  attempts  to  transfer  an  interest  in  a  Mortgage  from Argent  Mortgage  Company,  LLC  to  the  Plaintiff  that  “was  effective  on September 1.  2009.”

However,  said  assignment  is  “signed”  by  an  alleged  representative  of Argent  Mortgage  Company  on  January  6.  2008.  The  notary  on  the Assignment  is  crossed out,  and  states  “see  attached.”  The attached page  is a  “CALIFORNIA  ALL-PURPOSE  ACKNOWLEDGEMENT”  allegedly notarized  on  January  20,  2009;  more  than  a  year  after  the  alleged assignment took place.

It  is  obvious that  said  assignment  and  acknowledgement were  not  signed, nor executed and “acknowledged”  in  the other’s presence and  are therefore, fraudulent on  its  face.

Therefore,  the  Court  does  not  find  this  to  be  a  valid  assignment.  Court finds  that  this  document  is  fraudulent,  not  having  been  properly executed, or notarized.

Thus,  the  filing  of this document  is  also  a  Fraud upon  the Court,  by which the Court  relied upon  this misrepresentation  in pursuing a judgment against the Defendants  in  this matter.

Thus,  pursuant  to  Florida  Rule  of Civil  Procedure  1.540(b),  this  Court vacates final judgment entered against Defendant on July 7,  20   for Fraud.

Moreover,  the  Court  instructs  that  no  sale  is  to  be  scheduled,  noticed,  or attempted  by  the  Plaintiff in  this matter  and  the Court Strike’s  Plaintiff’s Motion to Reschedule Foreclosure Sale.

Furthermore,  this  Court  issues  this  Order  to  Show  Cause  to  the  Head/ Owners  of Ben-Ezra  and  Katz,  P.A.  and  their  associate  David G.  Cornell,  Florida Bar No.:  0487554  to  explain  to  this  Court why  they  should not  be held  in contempt of Court for:

a.  Failing to  appear for hearing scheduled on January 21, 2011; and
b.  Presenting  false  pleadings,  misleading  the  Court,  and  wasting  the Court’s time.

Well, the hearing on this order was this morning and from what I am told, the Judge tore Ben Ezra a new ass and sent him off like a dog with its tail between its legs.

Not only that, we were told the Judge dismissed the entire case WITH Prejudice.

There just happened to be an observer in the court room when this all went down and have ordered the transcript.

We will post that up as soon as we get it.

Talk about having a bad day…

Full order below…

4closureFraud.org

Ben Ezra Order to Show Cause Why Ben Ezra & Katz Should Not be Held in Contempt

12 Responses

  1. Hi, I’m wondering if somebody has had our experience in the court and if could drop some advise. Several months ago we filed Qualified Written Request by RESPA sending the original to the court and 1 copy to the plaintiff’s lawyer; also we filed a Notice for filing QWR. The plaintiff’s lawyer filed Motion to strike our Notice of filing qualified written request, based on the fact that we didn’t send this Request to the loan servicer but to their lawyer. At the hearing the Judge told us that this is not the way to go if we would like to do some type of discovery; it should not be done through the court. Thus, our QWR was just dropped. Was it our mistake the way we proceeded? Do you think it would be a good idea to sned the QWR to the bank directly? Any advise would be greatly appreciated! Thank you!

  2. DyingTruth,

    that’s right. And I like your reminder on the Unconstitutional of the Fed and another post here.

    I get a post card in the mail a few weeks ago referencing my original loan, says they can restructure it, modification rates as low as 1% to 4%, call now. It’s from Metropolitan Law Group.

    Then two weeks later get a letter from present New Servicer stating we can attend a free forum sponsered by Hope Now & MHA, fill out these documents, a Financial Statement, and attend on so and so date.

    Jeepers. We are now in the collection route from all these scammers. Not a chance I’m sending in anuthing or going to the HOPE crap. Another scheme to admit or sign-up for new debt.

    It’s amazing. I ain’t paying a dime nor disclosing any info until I know who is the actual creditor and they show me their papers and can prove it and can prove they are at a loss by me not paying.

  3. Like I said over at FB “Ben-Ezra & Katz” will go down in history as the 1st.

  4. What about the FDCPA and Servicers who try to collect on a home mortgage. It states right there on the act that a debt validation letter sent the collector they must state the original creditor.

    How about this, inmate runs a debt collection agency from prison:

    http://www.businessweek.com/news/2010-08-25/inmate-ran-collection-agency-from-prison-cuomo-says.html

  5. Anon: just meant thank goodness attorneys are finally getting their a**es in a sling every now and again.

  6. Mary

    Not yet getting somewhere -yet — government wants to put private entities like Bof A and JPM in charge of privatizing mortgages.

    Do not like this picture.

    Lisa — problems with communication.

  7. I think the defendants in this case, the homeowners, ought to file a motion for sanctions against the plaintiff for filing a frivolous lawsuit and sue them for fraud and mental anguish.

  8. Elizabeth,

    Please turn your CAP LOCK off, and use proper punctuation and wording. What you wrote can’t be understood at all.

    What is it you are trying to say?

  9. If you have read on the various f/c sites, Freddie Mac’s CFO or CEO, Bruce Witherill resigned yesterday. Upon reading further, turns out he was with Lehman for a number of years, including 3 years as head of Aurora Loan Servicing. Why he left is one question, why he was ever hired, in light of Aurora’s criminal business model, is another question altogether. The answer to which is the GSEs were the dumping ground for all things toxic, staffed by industry insiders, “managed” by industry insiders, and once the “foreclosure crisis” brought them down, they have to hire people who enabled the fraud in order to keep the curtain drawn. This continues to be a horror show. Freddie, Fannie will no doubt cost US taxpayers (us) several trillion dollars.

  10. IMPORTANT NOTICE HERE, PLEASE EVERYONE BE CAREFUL OF WHO YOU CHOOSE TO HELP WITH LITIGATION AND NEIL PLEASE PLEASE BE CAREFUL OF THE INDIVIDUALS YOU SUPPORT FROM EXPERIENCE AND MY LAWYER WILL MAKE A REPORT TO YOU NEIL YOU ARE SUPPORT A LEGAL NETWORK THAT REALLY WORKS FOR THE BANKS THEIR IS TO DELAY INDIVIDUALS HOWEVER SUITS AS WE THE AS PROCESS GOES UP LINE CHANCES ARE SILM BECAREFUL IF IT SOUNDS TO GOOD TO BELIEVE THEN IT IS i SHALL EXPOSE THE COMPANY THIS WEEK JUST LETTING THEM SET THEMSELVES UP ALSO REPORTING THEMTO ATTORNEY GENERAL OFFICE

  11. Now where getting somewhere…

  12. Hell yes–more confirmation that resistance is victory. Half the time, these big scary high-priced lawyers don’t even know the score…

Leave a Reply

%d bloggers like this: