PRESENT:
Honorable Karen V. Murphy
Justice of the Supreme Court
JP. Morgan Mortgage Acquisition Corp.,
v.
Richard Simmons, Eleanor Simmons, Bank of
America, NA, First Chicago, et aI.,
Excerpts:
The Notice of Pendency fied May 27 2009 stated that Plaintiff “is also in possession
of the original note with a proper endorsement and/or allonge and is therefore the holder of
both the note and mortgage” and the complaint contained a similar allegation however Margaret Dalton, a self proclaimed “Officer” of EMC Mortgage Corporation, a non-par,
submitted an ‘ affidavit of lost note’ sworn to on Januar 27, 2010. It is not clear whether the
alleged servicer, EMC has authority to act on Plaintiff’s behalf in this matter , as no power
of attorney was submitted to the Court. The basis for Ms. Dalton s purported knowledge of
the circumstances surrounding the assignment in question are not clearly stated in her
affidavit, which by its terms, is contradictory. Bald assertions of possession of the original
note, without more, in light of the conflicting evidence, is not sufficient to establish a prima
facie case.
Furthermore, the assignment recorded on May 20, 2009 specifically states that it is
an “assignment of mortgage ” and makes no reference to the note. Thus, a question of fact
exists as to whether the note was ever assigned or delivered to Plaintiff. It may well be that
the note was neither assigned nor delivered to Plaintiff prior to commencement of this action
and Plaintiff would then be without authority to bring this action.
Action Date: September 14, 2010
Location: West Palm Beach, FL
On September 14, 2010, Florida Default Law Group filed “Notices” in foreclosure actions that the firm was withdrawing Affidavits it had previously filed. The Affidavits were signed by Jeffrey Stephan of GMAC Mortgage/Homecomings Financial in Montgomery County, PA. Stephan had previously admitted in depositions that he signed thousands of such affidavits each month with no knowledge of the contents and in many cases without even bothering to read the Affidavits. In the Notices, Florida Default claimed that “the undersigned law firm was not aware” that the Stephans Affidavits were improper and had a good faith belief in the Stephans Affidavits. Stephans signed so many Affidavits, however, on behalf of so many different securitized trusts, that his lack of actual knowledge should have been obvious. Many other mortgage servicing companies and foreclosure firms have filed thousands of other worthless, unfounded Affidavits. Perhaps the Law Offices of Marshall Watson will notify courts that Lost Note Affidavits signed by Linda Green, Tywanna Thomas and Korell Harp are also improper; perhaps The Law Offices of David Stern will notify Courts that their own office manager, Cheryl Samons, had no knowledge and did not even read the Affidavits she signed. The dark days of the foreclosure “robo-signers” seem to finally be coming to an end in Florida. Will the same judges who accepted thousands of these worthless Affidavits now believe the allegations that the foreclosure law firms acted in good faith when they presented these documents to Courts? An example of the Notice filed by Florida Default is available in the “Pleadings” section of this site. Highlights from the deposition of Jeffrey Stephan are available in the “Articles” section. Scott Anderson, Bryan Bly, Margaret Dalton, Erica Johnson-Seck, Crystal Moore and the other professional signers may finally be held accountable for their sworn false statements.
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