Ben Ezra Order to Show Cause Why Ben Ezra & Katz Should Not be Held in Contempt of Court on Feb 11, 2011
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…
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.
There just happened to be an observer in the court room when this all went down and have ordered the transcript.
We will post that up as soon as we get it.
Talk about having a bad day…
Full order below…