"Foreclosure Mill" Order to Show Cause Why Ben Ezra & Katz Should Not be Held in Contempt of Court
How is this for some timing.
Last night Fannie Mae announced they are dumping this firm and today we get this...
CENTRAL MORTGAGE COMPANY,
EDUARDO GONZALEZ DELREAL
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...
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
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.
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
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
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.
pursuant to Florida Rule of Civil Procedure 1.540(b), this
Court vacates final judgment entered against Defendant on July 7, 20
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.
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.
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.
Will post transcript of hearing as soon as it is available.
Talk about having a bad day...
Full order below...
For more on this law firm see:
Ezra Katz & Fannie Mae | Sewer Service + False Non-Military
Affidavit = Soldier’s Home Foreclosed and Sold While Serving Abroad
Ezra Katz & JP Morgan Chase | Policy & Procedure for Fraudulent
Affivadits (admit to fraud, cancel sale, review & replace fraud