Ben Ezra Order to Show Cause Why Ben Ezra & Katz Should Not be Held in Contempt of Court on Feb 11, 2011
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
Filed under: bubble, CDO, CORRUPTION, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud |
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!
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.
Like I said over at FB “Ben-Ezra & Katz” will go down in history as the 1st.
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
Anon: just meant thank goodness attorneys are finally getting their a**es in a sling every now and again.
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.
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.
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?
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.
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
Now where getting somewhere…
Hell yes–more confirmation that resistance is victory. Half the time, these big scary high-priced lawyers don’t even know the score…