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"Foreclosure Mill" Order to Show Cause Why Ben Ezra & Katz Should Not be Held in Contempt of Court

4closureFraud's picture





 

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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Sat, 02/12/2011 - 03:34 | Link to Comment ebworthen
ebworthen's picture

 

Crooks.

 

More hangings, less bullshit.

 

Fri, 02/11/2011 - 21:54 | Link to Comment UncleFurker
UncleFurker's picture

 

Put. The. Fuckers. In. Jail.

 

 

Sat, 02/12/2011 - 02:54 | Link to Comment downwiththebanks
downwiththebanks's picture

Seize. Capital.

Fri, 02/11/2011 - 20:34 | Link to Comment Korg
Korg's picture

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!

Sat, 02/12/2011 - 10:12 | Link to Comment MachoMan
MachoMan's picture

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...

Fri, 02/11/2011 - 20:02 | Link to Comment DOT
DOT's picture

Where are the Feds ? This smells of RICO violations, interstate

fraud, mail fraud, ect. Jail these Fucks !

Sat, 02/12/2011 - 00:53 | Link to Comment Freddie
Freddie's picture

"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.

Sat, 02/12/2011 - 01:46 | Link to Comment snowball777
snowball777's picture

Partisan troll is partisan.

Sat, 02/12/2011 - 02:38 | Link to Comment jeff montanye
jeff montanye's picture

i mean really!

Fri, 02/11/2011 - 19:50 | Link to Comment bunkermeatheadp...
bunkermeatheadprogeny's picture

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?

Fri, 02/11/2011 - 18:26 | Link to Comment Misean
Misean's picture

"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

011 972

first? Might help.

Fri, 02/11/2011 - 17:32 | Link to Comment Buck Johnson
Buck Johnson's picture

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.

Fri, 02/11/2011 - 17:18 | Link to Comment topcallingtroll
topcallingtroll's picture

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.

Fri, 02/11/2011 - 18:53 | Link to Comment Amabo Kcarab
Amabo Kcarab's picture

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. 

Sat, 02/12/2011 - 02:37 | Link to Comment jeff montanye
jeff montanye's picture

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.

Sat, 02/12/2011 - 12:33 | Link to Comment goodrich4bk
goodrich4bk's picture

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.  

Sat, 02/12/2011 - 10:14 | Link to Comment MachoMan
MachoMan's picture

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.

Fri, 02/11/2011 - 17:30 | Link to Comment snowball777
snowball777's picture

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?

Fri, 02/11/2011 - 17:58 | Link to Comment flacorps
flacorps's picture

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?

Fri, 02/11/2011 - 17:11 | Link to Comment flacorps
flacorps's picture

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.

Fri, 02/11/2011 - 17:10 | Link to Comment Northeaster
Northeaster's picture

Haven't seen any mass Disbarments either. This whole thing is rotten to the core.

Sat, 02/12/2011 - 09:57 | Link to Comment MachoMan
MachoMan's picture

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.

Fri, 02/11/2011 - 17:10 | Link to Comment NotApplicable
NotApplicable's picture

So, no contempt?

Fri, 02/11/2011 - 16:51 | Link to Comment shortus cynicus
shortus cynicus's picture

...to  explain  to  this  Court why  they  should not  be held  in contempt of Court...

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?

Fri, 02/11/2011 - 16:43 | Link to Comment par068
par068's picture

Yes, we have lawyers lined up that are more than willing to jump through a hoop 

just to get a job.

Sat, 02/12/2011 - 00:21 | Link to Comment weinerdog43
weinerdog43's picture

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.

Fri, 02/11/2011 - 15:44 | Link to Comment lexalexander
lexalexander's picture

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.

Fri, 02/11/2011 - 22:20 | Link to Comment Bringin It
Bringin It's picture

...indicted, tried, convicted, sentenced and imprisoned for fraud

Agreed.  This is what we wnat to see.

Fri, 02/11/2011 - 17:29 | Link to Comment snowball777
snowball777's picture

Getting no biz from Fannie and Freddie is almost worse for these leeches (at least in their eyes).

Fri, 02/11/2011 - 16:43 | Link to Comment unwashedmass
unwashedmass's picture

 

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?

Fri, 02/11/2011 - 19:29 | Link to Comment Fish Gone Bad
Fish Gone Bad's picture

Indictments and prison sentences?  How about a good old fashion caning.

Fri, 02/11/2011 - 23:33 | Link to Comment jeff montanye
jeff montanye's picture

hot tar and chicken feathers.

Sat, 02/12/2011 - 04:24 | Link to Comment OldPhart
OldPhart's picture

Rope and Oak.

Fri, 02/11/2011 - 15:25 | Link to Comment Fred Hayek
Fred Hayek's picture

I don't care who appointed judge Maxine Cohen Lando. I love her.

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