The Goods-Sample Pleadings

The Goods (sample pleadings from both sides) Posted by L on January 24, 2010 at 9:00pm View Blog Please come back often. This is a work in progress to be updated frequently. FOR THE BEST LEGAL BLOG ON JUDICIAL STATE (FL) FORECLOSURE DEFENSE. VisitMatt Weidner's blog and study it thoroughly (including Foreclosure 101) Fraud Digest's Review of Pleadings! http://ning.it/cTqwM6 Sample Pleadings ForeclosureProSe.com http://www.foreclosureprose.com/pleadings/ These documents are all from a judicial foreclosure state. Remember for the purposes of these pleadings Plaintiff = Foreclosing Entity and likewise Defendant = Homeowner. Motion to Dismiss, Discovery, Interrogatories, Motion to Vacate Summary Judgment, Taking Depositions, Motions to Strike. Sample discovery defense foreclosure actions. Added late 2010 Insufficient, perjurious verification Robo-verifiers - Full Deposition of Alden Berner of Wells Fargo :http://wp.me/pFWnq-48Q Motion to Dismiss for no verification of amended complaint when original complaint was filed prior to the Feb 11, 2010 effective date for verification here Motion to Vacate Judgment due to Fraudulent Unrecorded Assignment here Motion to Set Aside Default due to Dual Track Scam here Tools to use when defending your home FL ORDERS & TRANSCRIPTS http://ning.it/bF27uA A MASTERPIECE! FRAME THIS AND HANG IT IN A WORLD CLASS MUSEUM! http://ning.it/cs6nQL GIFTS FROM MATT WEIDNER, ESQ TO ALL OF YOU- MEMOS AND MOTIONS THAT WILL SHUT DOWN THE FORECLOSURE MILLS! -http://tinyurl.com/2g27vnp ICE LEGAL! ICE, ICE, BABY! http://tinyurl.com/yansx5z and http://tinyurl.com/yfe7565 and http://ning.it/9yz7Ne and http://tinyurl.com/yz6jgsj and http://tinyurl.com/ygu6apj Brian Williams Davies: Plaintiff in a CA foreclosure suit and blog GRANTED Pinellas Dismissal in Circuit Court See Comment links and attached files for MTD and Amended MTD by Florida Attorney Matt Weidner LivingLies July 2008 Posted example of a Florida Motion to Dismiss ... wm MTD Tygar.pdf wm MTD ICE.pdf wm MTD Sherlock.pdf wm MTD Snyder.pdf wm MTD Solomon.pdf WM_Motion to Dismiss Bonfiglio.pdf Helpful hints for both judicial states (ie: FL) and non-judicial states (ie: CA) with pleadings by Florida Attorney George Gingo. WM Productions Ferrer.pdf WM Productions Snyder.pdf 1

WM Interrogatories to Plaintiff Ferrer.pdf WM RequestforProductionREMERSTracking.htm.pdf WM_Request To Produce Bonfiglio.pdf Admissions, Interrogatories & Productions Objection to Motion for Summary Judgment Matt Weidner, Esq wm ER Vacate Sum. Jdgmnt w securitization issues Pro Se.pdf wm florida-motion-to-vacate-judgment Houk.pdf wm Notice of Taking Deposition with Documents (Duces Tecum) ICE.pdf wm Homeowner Defendant's Motion for Summary Judgment ICE(2).pdf wm MTStrike Affidavits ICE.pdf Motion for Contemp for Failure to Comply with Order for Discovery.S... Motion[1].for.57.105 Sanctions..2.1.10.Szymoniak.pdf Amended Motin to Abate or Dismiss Foreclosure Proceedings.Kline.PDF Ohio Court of Appeals: WRONGO Bank of New York: Foreclosure reversed and back you go to prove yourself in trial court! http://ning.it/8YimGt Florida: A Collection of Court Orders and Opinions That Every Advocate MUST READ!http://ning.it/9r7ucV Samples of Appellate Level Work (see links in Matt Weidner Esq's post) Greg Taylor v. Deutsche Bank- Foreclosure Fighter George Gingo’s Masterpiecehttp://ning.it/9rLEZd Ohio: http://www.foreclosurehamlet.org/profiles/blogs/11th-hour-rev... MERS CA Decision: http://mandelman.ml-implode.com/2010/07/california-court-rules-mers... Judges wondering if inadmissible evidence is adequate to grant summary judgment 0 transcript MSJ 6.9.2010(2).txt Court Filings by Bank's Counsel wm Foreclosure Complaint No Note No Mortgage No Problem.pdf Plaintiff Response to Request for Productions.FDLG.pdf wm Plaintiff MT Substitute Party Plaintiff FDLG.pdf Plaintiff's Response to Defendant's Motion to Dismiss wm Plaintiffs Affidavit of Lost Instuments.pdf < Previous Post Next Post > Comment by Danelle Hills on February 14, 2012 at 5:31pm Mr. Weidner, do you have attorney friends in the other states that would TAKE these foreclosure defense cases? If so, could you post a list of them that we may contact? It is a real problem still in some states, all the lawyers seem to want us homeowners to get modifications of the loans, but make sure we PAY EVERY CENT of the mortgage. In other words, there is a prejudice against the homeowners. Can you help? (I am in North Carolina.) Comment by JoAnn Kennedy on May 7, 2011 at 8:11pm I used these in Pennsylvania -- if the judge is already in the pocket of the lawyers, your doomed. that's what happened to me. My great Legal advocate stopped sale twice by Motion and got a continuance. However, Wells Fargo uses Phalen, Halliman & Schmieg and they are in the 2

pocket of Northampton county. In fact, the sheriff gets a commission on all houses foreclosed in addition to his salay Comment by L on September 12, 2010 at 8:50pm Ohio Appeals court overturns summary judgment and sends instructs US Bank to prove it's case in trial court http://ning.it/bzqHS7 Comment by L on August 25, 2010 at 6:50am California Victory! http://ning.it/bkbTSY Comment by L on August 22, 2010 at 2:16pm 211. NY Judge: Importance Of Scrutinizing Foreclosing Lenders For Proper Standing In Cases w/Unrepresented Homeowners http://ning.it/bq36BV Comment by L on August 22, 2010 at 2:11pm 123. FL Ruling: Affidavit was insufficient to establish damages or summary judgment. 35 Fla. L. Weekly D107b http://ning.it/68IIHx Comment by L on August 22, 2010 at 1:59pm 18. Foreclosure Case Dismissed in Pinellas County Based on Florida Rule of Civil Procedure 1.120(a). http://ning.it/6o5PNz Comment by L on August 21, 2010 at 10:06am Motion to Disqualify: Justice is dead. Foreclosure Rocket Docket Judge Entering Final Judgments Against Homeowners BEFORE Hearings: http://wp.me/pFWnq-2kZ The Motion Every Judge Should Read (And the one the foreclosure mills hoped would never see the light of day!) Comment by L on August 16, 2010 at 11:42am FL Objection to Sale and Motion to Stay Comment by L on July 27, 2010 at 6:42am MERS CA Decision! http://mandelman.ml-implode.com/2010/07/california-court-rules-mers... L on July 22, 2010 at 1:53am MERS Important Court Cases http://ning.it/9hUUF9 Comment by L on July 17, 2010 at 11:07pm Motion for Rehearing (Florida) http://www.foreclosurehamlet.org/forum/topics/motion-for-rehearing-of Comment by L on July 13, 2010 at 6:49am Defendant's response to substitute party Plaintiff here. Comment by L on July 6, 2010 at 8:49pm markdoyle4520 1, July 5, 2010 at 9:51 am It is incredible to see just how out of touch our main stream media is. I have been researching the Mortgage predatory lending market for some time now, gathering a whole bunch of dirt on Angelo Mozilo, David Sambol, Kurland and others at Countrywide Home Loans. I uncovered more than a little dirt on Bank of America and its CEO Kenneth Lewis. But what moved me the most was coming across this Lone Ranger like character named David Merritt. This is a guy who got suckered into one of those Countrywide Predatory loans. He and his wife are first time home buyers who wanted to put 5 to 10 % down on their $729,000 home in Silicon Valley California – 2 miles from Yahoo headquarters, 4 from google and 5 from Apple. 3

With just 2 days to remove their loan contingency, and with at least two other lenders ready to sell them a relatively decent mortgage, Countrywide talked them out of going with the competition by presenting a 1 to 3 percent, FHA Good Faith Estimate and declared: “if you can find someone to beat this loan, then go with them and we’ll pay the closing costs.” Countrywide staff were trained on how to determine how much knowledge a home buyer had, and they knew that the Merritts were suckers to be taken. Once they fired the other lenders and committed themselves to Countrywide, the Merritts found themselves locked into a 100% financing Pay Option ARM and HELOC which was destined to charged them over 2 million dollars. Countrywide had a policy of talking buyers out of putting down payments, and convincing them that they would give them a loan that was better. In fact, they would always tell home buyers that No One Could beat them and the truth was that they did beat everyone at the application stage in order to remove all the competition, but they left out that by the time the home buyer was closing escrow, most competitors would have done better. The Merritts signed a loan that was charging twice as much as the average lender. What is more is that they signed a loan which Countrywide assigned Mortgage Electronic Registration System as a lender. As it turns out, MERS was designed to be a front company which allows: 1) Note holders to hide from public scrutiny; 2) the duplication of one loan note that could be sold off to 2 or more investors or mortgage backed security pools: 3) evasion of paying local recorder fees; 4) Overriding state legislatures recording the laws on recording liens, beneficiaries and holders in due course; 5) attacking Public Policy in regards to its goals of protecting consumers and lenders from fraud via recording laws; and last, but not least, 6) being a conduit for billions of dollars to pass right by Uncle Sam and into Cayman or Canadian banks where no federal taxes can touch it. This is how Countrywide rose to the top. And they intentionally targeted elderly, minorities and unsophisticated first time buyers. Now in July 2008 Bank of America bought Countrywide out for 2 billion dollars. A company with assets that exceeded 20 billion, and servicing machine that churned out billions more. Bank of America went to all the states Attorneys Generals and asked them to bring lawsuits on behalf of their state citizens against Countrywide and to already agree to cut a sweet settlement deal with Bank of America. This was a strategy to persuade that Public that BofA was sincere about cleaning up the mess Mozilo and cronies created. But what is left out is that they are also trying to cut off home buyers ability to charge BofA with the predatory loans of Countrywide. Behind the scenes, BofA has been supporting Countrywide since 1969. It has always been in the predatory loan business, but through other front companies. For the longest, evidence shows, Kenneth Lewis was very close allies with Mozilo and planned with him to defraud Americans out of their home equity. It is so strange to see so many Americans enslaved to the Banking and Finance gangsters and not even know it, or if they do, just accept it. David Merritt is literally one of the 21st Century modern epics “David versus Goliath.” And all the has is a little sling and a rock against Goliaths billion dollar war armor. Check out some of his thoughts on many issues at wordpress.com/insightbeyondsight, but the 9th Circuit Court of Appeals has before it Merritt v. Countrywide, BofA, Wells Fargo et al, Docket No 09-17678 where he has charged straight at these Greedsters with RICO and other federal violation. And in 4

Santa Clara Superior Court Merritt v. Mozilo et al No. 109CV159993. He is actually looking for other victims who have deeds of trust assigned to MERS and he wishes to help in anyway possible to fight these folks offensively , he prefers, but he has enough information to help defensively as well. Lawyers from around the country taps into this Big David. So circulate the word. Mark DoyleComment by L on July 3, 2010 at 11:25pm Judge William C. Todd Bank of New York v. Michael Raftogainis Kaboom – NJ Checks In! – A Case Involving a Linda Green Assignment to a Trust 4 YEARS TOO LATEhttp://ning.it/cl59GK Comment by L on June 14, 2010 at 8:10am Analysis of M&T Bank v Smith (Judge Michael Traynor dismissed with prejudice in a FL court) Microsoft Word - M&T.pdf Order of Dismissal here. Comment by L on June 7, 2010 at 6:41pm North Carolina Appeal! Comment by L on May 30, 2010 at 1:03am AK Superior Court Decision on lost instruments (mortgages) & states "not entitled to recordation pursuant to AK law http://ning.it/cHSDeg Comment by L on May 30, 2010 at 12:47am TX Bankruptcy: MEMORANDUM OPINION ON DEBTORS' MOTION FOR AN ORDER OF CIVIL CONTEMPT AGAINST WELLS FARGO BANK http://ning.it/bUiL3a Comment by L on May 30, 2010 at 12:23am Florida Quiet Title complaint by Kathy Ann Garcia-Lawson (KAGL) http://ning.it/c6ElvD ‹ Prev

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