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"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,
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.
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:
Ben
Ezra Katz & Fannie Mae | Sewer Service + False Non-Military
Affidavit = Soldier’s Home Foreclosed and Sold While Serving Abroad
Ben
Ezra Katz & JP Morgan Chase | Policy & Procedure for Fraudulent
Affivadits (admit to fraud, cancel sale, review & replace fraud
as applicable)
SC09-1460 Comments (Ben-Ezra Katz, PA) - Florida Supreme Court
4closureFraud.org
Ben Ezra Order to Show Cause Why Ben Ezra & Katz Should Not Be Held in Contempt
»
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Crooks.
More hangings, less bullshit.
Put. The. Fuckers. In. Jail.
Seize. Capital.
Maybe not a free house but he could now quiet title, then sell the house, pocket the money or buy gold bullion...just keep the money out of the banking system and then when they try to collect the UNsecured money owed you tel em to fuck off.... wait 6 months, then declare BK chapter 7.
Then buy another house free and clear!
The sword of justice cuts both ways and your advise would probably not only prohibit the debtor from receiving a discharge, but also face various criminal charges...
Where are the Feds ? This smells of RICO violations, interstate
fraud, mail fraud, ect. Jail these Fucks !
"Where are the Feds ?" These people are attorneys - the law does not apply to them. They get a free pass like most democrats.
Laws? LOL! We don't need no stinkin laws!
Laws are for the little people who pay taxes.
Partisan troll is partisan.
i mean really!
Ok, so you post an article with a copy and paste of an order, and a Batman BAM.
How about some follow up?
Did the attorneys show up on February 11 as required in the order?
"Court attempted to contact Ben-Ezra & Katz to address this matter during hearing, but was unable to get anyone on the telephone."
Did they use the prefix
011 972first? Might help.
When your thrown under the bus, you get thrown under and three more buses roll over you. Prepare to see more of this in the very near future.
All this does is slow the foreclosure process. That is fine. It might help the housing market a bit at the margin. Banks shouldnt commit forgery. There are other slower ways to kick deadbeats out of their homes, but grifters can keep dreaming for that free house. I suspect they will 99 percent be shit outa luck. I have found it complicates my life less to pay my mortgage on time.
As has been pointed out COUNTLESS times there will be no "free houses"
The plaintiffs case was desmissed WITH prejuduce, but the obligation to pay the amount owed still stands. Someone will eventually get the house. The judge did nothing more then set a precedent to sever the money owed from its security instrument, (house).
This has EVERYTHING to do with due process of law.
so if the money owed is severed from the security instrument (house) how does the one owed get the house? debtors can't have their homestead seized for non payment of unsecured debts in florida, i believe.
The bank just loses its consensual lien. As described below, if the actual note obligee, or its proper assignee, sues the deadbeat borrower for breach of contract, they will get a judgment. The judgment can be enforced against the borrower's property, including the home, by writ of execution. This creates a non-consensual judgment lien. If the borrower files BK, there is a big difference between the treatment a consensual lienholder would receive in that BK vs. a non-consenual lienholder.
If the bank still had its consensual lien via its mortgage, the terms of that mortgage and the underlying debt cannot be modified in BK. Rather, the borrower's only recourse is to "cure" the arrears over time, usually not more than 5 years. Nor can the borrower "cramdown" the mortgage to the fair value of the property.
In contrast, with only a non-consenual judgment lien on his home, the borrower can reduce the amount of the lien to the fair value of the home and treat the deficiency balance as an unsecured claim, paying nothing or only cents on the dollar, depending on whether the borrower has any other assets or disposable income. Moreover, the borrower's homestead exemption comes ahead of the bank's lien.
This is why these cases are just. To obtain the benefits of a consensual lien, a bank ought to follow the law. When it doesn't, the borrower doesn't receive a windfall. Rather, the bank is merely left to the same remedies for breach of contract as, say, a credit card company.
File a suit for breach of contract... given it is a gutlock case, then you can garnish their wages, take their inheritance, cling to any payments from trusts, get a writ of possession for their belongings... cars... boats... outhouses... jewelry... once the judgment is entered, they'll have a few weeks to file a statement of their assets... lying on this statement is a surefire way to be in contempt.
The big issue is whether the state allows a deficiency... why would a debtor want an underwater house back? lol. (the banks dont want it either). The question is who has to eat the difference between the present market value and the amount owed against it. Even if homesteads are exempt, a debt collector can make your life hell and ensure that you literally have no way of paying for food in an inflationary environment... the debtors would be fools not to give the house away to the bank. Hell, they can come back and purchase the damn thing for pennies on the dollar if they want... or have someone else buy it and rent it.
In short, so what if they can't have their house seized... they'll get everything else seized... their employers (if they have any) will be notified of their delinquencies... their family members... probably even the public at large when things get auctioned (if not already via previous notice associated with the lawsuit)... more than one way to skin a cat.
We're gonna laugh when you get served with your eviction notice and have to fight these bastards too.
What makes you think they give a shit if you've paid your note this month?
in the great depression they would call the note just to get the performing loan liquidated. what makes you think that won't happen again?
A search on myfloridacounty.com will show numerous cases where Fannie Mae's ownership of properties is obscured by its having been put into a Ben Ezra trust (don't forget to use "ben erza" as a search term ... court clerks can't type worth beans.
What do you want to be that when a property is in a trust, it doesn't get carried in the "REO" category on the owner's balance sheet, but rather goes into a more innocuous category that it would take a forensic accountant to unravel.
Haven't seen any mass Disbarments either. This whole thing is rotten to the core.
About the only way to get disbarred around here is to steal from clients... Clearly, these attorneys were diligently representing clients... In the end, that's what it's all about... However, there are a myriad of other options available to ethics boards, e.g. suspension, fines, etc.
So, no contempt?
Hmm, probably becouse it's "standard industry practice".
By the way, the same should apply to Bernie Maddoff - why was he prosecuted for executing "standard industry practice", big banks do the same, tresury do it, SEC had nothing against it, so where is a problem?
Yes, we have lawyers lined up that are more than willing to jump through a hoop
just to get a job.
And you are doing exactly what?
Before you complain about the lawyers fighting to beat the banks, perhaps you could point out your efforts to do the same.
Well, that's nice and all, but until people start getting indicted and tried and convicted and sentenced and imprisoned for fraud, this shit will keep right on happening.
It's the 21st century, which means it's long past time to stop coddling criminals.
...indicted, tried, convicted, sentenced and imprisoned for fraud
Agreed. This is what we wnat to see.
Getting no biz from Fannie and Freddie is almost worse for these leeches (at least in their eyes).
I AGREE. scolding this guy and sending him home does NOTHING.
we need indictments and prison sentences.
until then, hey...so how bout we try to seize that house down the street --- its really nice and i hear they did some fantastic renovations?
Indictments and prison sentences? How about a good old fashion caning.
hot tar and chicken feathers.
Rope and Oak.
I don't care who appointed judge Maxine Cohen Lando. I love her.