FORM: BAC ASSIGNMENT FRAUD ON THE COURT COMPLAINT‏

SERVICES YOU NEED

9.29.10Florida-Motion-Fraud-on-the-Court-Bank-of-America-vs-Julme-Case-CACE09-21933-05[1]

Editor’s Note: Matis Abravanel, practicing in South Florida has drafted and filed a motion that is a classic in its construction. The result was that BAC caved, which is good, but what really draws my attention to this work is its masterful presentation. Lawyers would do well to look carefully at this pleading. He carefully weaves the securitization facts into a language and context that any Judge can understand. And unlike the opposition he has the goods. So do you, if you know how to use them.


Matis H. Abravanel, Esq.

4closureFraud

A Smith Hiatt and Diaz case in Broward County Florida…

Some short background information on this pleading, it’s an emergency
motion to cancel a final sale based upon Fraud on the Court. This
client came to us a month before his final sale date, and already had
a default and a final summary judgment entered against him. Besides
non-compliance with the pooling and servicing agreement, we uncovered
notary fraud (see paragraphs 1-4 and attached exhibits) and a
fraudulent assignment and endorsement of a note that was dated in
January of 2006, to U.S. Bank National Association, as successor
Trustee to Bank of America, National Association as successor by
merger to LaSalle Bank, N.A.. However its interesting to note that
Bank of America didn’t take over LaSalle Bank until October of 2007,
over 1 and 1/2 years later! (see paragraph 17 and attached exhibits).
Once the ‘pretender lender’ received our motion they immediately
called us and canceled the sale, and we haven’t heard back from them
since. We are waiting to have our evidentiary hearing for Fraud on
the Court.

Matis H. Abravanel, Esq.

4closureFraud

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