Chain of Title (46 page)

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Authors: David Dayen

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187
“We gotta give credit to the consumer activists”:
“Foreclosure: Rally in Tallahassee Florida 2010,” video shot by Cory Luttrell,
https://vimeo.com/11293248
.

188
“The protection of life and property”:
Daniel Webster,
The Speeches and Orations of Daniel Webster: With an Essay on Daniel Webster as a Master of English Style
(Boston: Little, Brown, 1914), 536.

189
“too easy to protect the consumer”:
Michael Redman, “Senator Michael Bennett, You Are the Pig's Ass,”
4closurefraud.org
, April 23, 2010.

189
all of Bennett's campaign contributions from bankers:
Michael Redman, “Bennett 2008 Contributor List,” posted April 23,2010,
www.scribd.com/doc/30443023/Bennett-2008-Contributor-List
.

189–190
The bill died in the Banking and Insurance Committee:
Florida Senate website archive for SB 2270 shows that SB 2270 died in committee in the Senate Banking and Insurance Committee on April 30, 2010;
http://archive.flsenate.gov/Session/index.cfm?Mode=Bills&SubMenu=1&Tab=session&BI_Mode=ViewBillInfo&BillNum=2270&Chamber=Senate&Year=2010
.

190
Television stations from Pensacola and Tampa Bay:
WEAR-TV 3 Pensacola video available at
http://4closurefraud.org/2010/04/24/rally-in-tally-wear-3-news-top-stories-video-home-owners-facing-foreclosure-came-to-the-capitol-wednesday-to-drive-a-stake-in-the-heart-of-the-bill
; WTSP-TV Tampa video available at
www.stayinmyhome.com/media.htm
.

190
local radio stations:
Michael Redman, “Talk Radio Confirmation for April 23 9am ET Conquering the Stigma of Being in Foreclosure,”
4closurefraud.org
, April 22, 2010.

190
print outlets:
Alex Tiegen, “Stop Foreclosure Fraud, Homeowners Warn,”
Sunshine State News
, April 20, 2010; Shannon Behnken, “Controversial Foreclosure Bill Protest Set for Tallahassee,”
Tampa Tribune
, April 20, 2010; Robert Trigaux, “Foreclosure Candidates Travel to Tallahassee to Ensure Their Day in Court,”
Tampa Bay Times
, April 21, 2010.

190
“one of the most influential months we have seen”:
Michael Redman, “Thank You to All for One of the Best Months in the Foreclosure Fraud Fight,”
4closurefraud.org
, April 30, 2010.

15. By Any Means Necessary

191
Rick and Sherry Rought:
John Agar, “Family Files Lawsuit Against Bank, Say Newaygo Home Was Unfairly Foreclosed,”
Grand Rapids Press
, April 27, 2010. Also see Megan Stembol, “Gowen Couple Files Lawsuit Against Deutsche Bank,”
WOODTV.com
, available at
4closurefraud.org/2010/04/26/trashed-out-deutsche-bank-acts-like-paid-off-home-is-a-foreclosure-broke-down-doors-changed-locks-stole-belongings-along-with-the-home-owners-sense-of-security
.

191
Bank of America stole a woman's pet parrot:
Sadie Gurman, “Woman Says Bank of America Wrongly Repossessed Home,”
Pittsburgh Post-Gazette
, March 9,2010.

191
Glazy and Jose Ruscalleda had two lenders:
Glazy Ruscalleda and Joe Ruscalleda v. HSBC
, Third District Court of Appeals, Case No. 3D09-997, opinion filed June 9, 2010, available at
www.scribd.com/doc/32852281/Glazy-Ruscalleda-and-Jose-Ruscalleda-Appellants-Vs-HSBC-Bank-USA-Etc-Appellee
.

191
Keith and Julie Hanover:
Nathan Halverson, “Bank Didn't Admit Error,”
Santa Rosa Press-Democrat
, July 18, 2010.

191
The note blamed the deaths on an imminent foreclosure:
Alexander Sup-gul, “Police: Foreclosure Led to Murder-Suicide,” MyFoxHouston, May 17, 2010, text
available at
http://stopforeclosurefraud.com/2010/05/19/police-foreclosure-led-to-murder-suicide
, video available at
https://www.youtube.com/watch?v=JVXMDKAHMZ0
.

191
“I don't have any confidence”:
Lynn Szymoniak, “Mass-Produced Affidavits Filed by Foreclosure Firms,”
Fraud Digest
, April 13, 2010, available at
http://thjf.org/2013/01/14/mass-produced-affidavits-filed-by-foreclosure-firms
.

192
Activists seethed that government resources were put:
“SWAT Team Storms Keith Sadler's Home in Predawn Raid,” YouTube, posted by user mmflint, May 7, 2010,
https://www.youtube.com/watch?v=CfFaW2jINLo
. Also see “Updated—Sadler Taken from Foreclosed Home to Wood County Jail,” WTOL News, Toledo, 2010.

192
John Watson, a foreclosure defense attorney:
Michael Redman, “Foreclosure Mill Attorney for Marshall Watson or Foreclosure Defense Attorney for Homeowners?”
4closurefraud.org
, April 14, 2010.

192
Daily Business Review
ran the story:
Paola Iuspa-Abbott, “Homeowners Allege Attorney Conflict of Interest,”
Daily Business Review
, April 22, 2010.

192
A
Palm Beach Post
writer, Kim Miller:
Kimberly Miller, “Activists Heading to Tallahassee to Oppose Non-Judicial Foreclosures,”
Palm Beach Post
, April 20, 2010.
http://www.palmbeachpost.com/money/real-estate/activists-heading-to-tallahassee-to-oppose-non-judicial-589917.html

193
Michael annotated the comment with a GIF:
Michael Redman, “Well Well Well . . . Looks like Someone Is Upset—MERS Makes a Comment on 4closurefraud,”
4closurefraud.org
, April 24, 2010.

193
Michael then found a private Facebook group:
Michael Redman, “DOCX . . . Just Might Want to Be Your Friend,”
4closurefraud.org
, April 12, 2010.

194
“What about the message they will send”:
James Hagerty, “Mortgage Bankers Association Sells Headquarters at a Big Loss,”
Wall Street Journal
, February 6, 2010.

194
he characterized Garfield as an Elmer Gantry–Jike figure:
Steve Dibert, “Debunking the Gospel of Garfield,” Mortgage Fraud Investigations—Miami, April 7, 2010,
https://web.archive.org/web/20101204015419/http://www.mfi-miami.com/2010/04/debunking-the-gospel-of-garfield
.

194
“I won't hold it against Lisa Epstein”:
Steve Dibert, “Still No Word from the Garfield Gang About the Garfield Challenge,” Mortgage Fraud Investigations—Miami, April 24, 2010,
http://mfi-miami.com/2010/04/still-no-word-from-the-garfield-gang-to-the-garfield-challenge
; Steve Dibert, “The Groupies of Brother Neil Garfield's Traveling Salvation Show Respond,” Mortgage Fraud Investigations—Miami, April 12, 2010,
http://mfi-miami.com/2010/04/the-groupies-of-brother-neil-garfields-traveling-salvation-show-respond
.

195
the firm's lawyers claimed she treated them with hostility:
Polyana da Costa, “Ice Firm Claims Judge Treats Them with Hostility,”
Daily Business Review
, July 7, 2010.

195
That day Michael posted Judge Sasser's financial records:
Michael Redman, “Ouch, Thats Gotta Sting—Motion for Disqualification of PBC Judge Meenu Sasser for a $425,063.50 Conflict of Interest Involving Billions upon Billions in Assets,”
4closurefraud.org
, June 13, 2010.

195
Though Ice Legal used the equity stock holding to try:
Motion for Disqualification of Judge Meenu Sasser,
Bank of America v. Paul and Lynn Lawless
, Case No. 50-2009-CA-041333XXXX-MB, June 4, 2010,
www.scribd.com/doc/32997412/Lawless-Motion-for-Disqualification-of-PBC-Judge-Meenu-Sasser
.

195
To some, particularly Steve Dibert, the charges were gratuitous:
Steve Dibert, “Florida Homeowners Are Losing the Fight but It's Not Because of the Banks,” Mortgage Fraud Investigations—Miami, October 18, 2010,
https://web.archive.org/web/20101104134951/http://www.mfi-miami.com/2010/10/florida-homeowners-are-losing-the-fight-but-its-not-because-of-the-banks
.

195
She started Moratorium Monday:
Lisa Epstein, “Moratorium Mondays: Monday Morning Protests at Courts, Offices of Elected Officials, and Government Buildings Across the State and the Country,”
Foreclosure Hamlet
, 2011.

196
“A BOGUS ASSIGNMENT OF MORTGAGE filed”:
Brief of Amicus Curiae Lisa Epstein, Pro Se, in Support of Neither Party,
HSBC Bank v. Anabel Santiago
, Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, Case No. 50-2008-CA-016305.

197
Lynn compiled dozens of examples:
Lynn Szymoniak, “Suddenly Appearing Endorsements Used by Bank-Trustees in Foreclosures,” Housing Justice Foundation, June 27, 2014.

197
“Holders of the notes are often unfamiliar with the status”:
Michael Redman, “Response to the Florida Supreme Court RE: Amendments to the Florida Rules of Civil Procedure Motion for Rehearing,”
4closurefraud.org
, May 13, 2010.

197
She teamed up with Nye Lavalle, writing:
Lisa Epstein and Nye Lavalle, “Comments and Response in Opposition to Shapiro-Fishman, LLP's Motion for Rehearing or Clarification,” Supreme Court of Florida, Case No. SC09-1460, available at
http://api.ning.com/files/ndc8DqfBQG6hENNk8laYm3Rmu8kuMuiez2S0-Z*tgoWUZYfhOfmLacMhWQcNvz4eGIGTLnRzCoHWUUJWYC4-1KIOEk94TpIK/NyeLisaFLASCEfile.pdf
.

197
switched from robo-signers to robo-verifiers:
Michael Redman, “Florida Example—Verification of Mortgage Foreclosure Complaint,”
4closurefraud.org
, April 18, 2010.

198
“It is all about awareness”:
Michael Redman, “Palm Beach County Bar Association Professional Committee—Thank You for Listening!”
4closurefraud.org
, May 19, 2010.

198
On June 3 the state supreme court denied:
Supreme Court of Florida, “In re Amendments to the Florida Rules of Civil Procedure,” Case Nos. SC09-1460 and SC09-1579, June 3, 2010,
www.floridasupremecourt.org/decisions/2010/sc09-1460order.pdf
.

199
The U.S. attorney told Charney they were working:
Peter Coy, Paul Barrett, and Chad Terhune, “Joseph Lents Dodged Foreclosure for 8 Years, Started a Movement,”
Bloomberg Business
, October 21, 2010.

199
“The defendants concealed that the notes and the assignments”:
United States of America (Lynn Szymoniak, relator) v. American Home Mortgage Servicing
et al
., Second Amended Complaint, filed May 13, 2011, available at
http://2zn5qz3e2exll8kh0e3kfc7c.wpengine.netdna-cdn.com/wp-content/uploads/2013/08/complaint-symoniak-false-claimS.C.-Second-Amended-Complaint-ECF-3.pdf
.

200
“For all of the reasons set forth above, I conclude”:
Sample affidavit from
U.S. Bank National Association v. Shirley McFarland
, Circuit Court of Cook County, Illinois (Municipal Department—First District), Case No. 13 M1 708544, Affidavit of Lynn E. Szymoniak, Esq. as Defendant's Expert Witness in Opposition to Summary Judgment.

202
“I cannot get my group to act”:
Martin Andelman, “Some of Lynn Szymoniak's Millions May Belong to Someone Else,”
Mandelman Matters
(blog), September 16, 2013. See also
Figueroa v. Szymoniak
, Seventeenth Judicial Circuit in and for Broward County, Florida, March 4, 2013, available at
www.scribd.com/doc/168544786/Figueroa-v-Szymoniak
.

202
Kim Miller at the
Palm Beach Post
wrote a big story on it:
Kimberly Miller, “Lawsuit Claims That Florida's Largest Foreclosure Firm Faked Documents,”
Palm Beach Post
, August 4, 2010.

202
The bloggers were certain that would come back to haunt Sasser:
Michael Redman, “I Haven't Seen Any Widespread Prob, Oh, Wait, What? Foreclosure ‘Robo-Signers' Appear to Be Widespread?”
4closurefraud.org
, October 12, 2010.

202
The suit was the latest in a host of setbacks for Stern:
Susan Martin, “Foreclosures Bring Wealth, Rebukes for Florida Lawyer,”
Tampa Bay Times
, July 17, 2010. Also Michael Redman, “Florida Bar v. David J. Stern—Complaint, Consent Judgment, Report of Referee and Judgment,”
4closurefraud.org
, July 19, 2010.

202
Damian's new lawyer, Trent, released a deposition of Shannon Smith:
Deposition of Shannon Smith,
Citimortgage v. Dennis Brown
, Circuit Court of the Seventeenth Judicial District in and for Broward County, Florida, Case No. CACE 08-011097, available at
www.scribd.com/doc/34340050/Full-Deposition-of-David-J-Stern-s-Notary-Para-Legal-Shannon-Smith
.

202
A separate class action alleged that Stern refused:
Hugo San Martin and Melissa San Martin v. Law Offices of David J. Stern P.A
., United States District Court for the Southern District of Florida, entered on docket July 29, 2010, available at
www.motherjones.com/files/Port_Lt_Lucie_David_J_Stern_Consumer_Suit_July_2010.pdf
.

202
“way to create a profit center”:
Stan Cooper and Neeraj Mehti v. DJSP Enterprises
, United States District Court, Southern District of Florida, Fort Lauderdale Division, entered on docket July 20, 2010, available at
www.scribd.com/doc/34646050/Stan-Cooper-and-Neeraj-Methi-v-Djsp-Enterprises-Inc-David-j-Stern-and-Kumar-Gursahaney
.

203
Andy Kroll at
Mother Jones
released his story on David Stern:
Andy Kroll, “Fannie and Freddie's Foreclosure Barons,”
Mother Jones
, August 4, 2010.

203
He settled that suit out of court:
Bridgette Balboni v. Law Offices of David J. Stern, P.A
., United States District Court, Southern District of Florida, Case No.
99-6009-Civ-Ferguson/Snow, filed July 6, 1999, available at
www.motherjones.com/files/Sexual_Harassment_Amended_Complaint.pdf
.

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