from: lisa epstein [mailto:[email protected]] sent: to ... · 10/7/2009  · assignment but that...

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From: Lisa Epstein [mailto:[email protected]] Sent: Wednesday, October 07, 2009 10:05 AM To: e-file Subject: Fwd: Comments from a Pro Se Foreclosure Litigant in Palm Beach County To: The Honorable Florida Supreme Court Justices RE: Residential Mortgage Foreclosure Task Force Report Dear Honorable Supreme Court Justices, By way of introduction, I am a working mother and also a pro se litigant fighting a residential foreclosure, in a state that ranks among the hardest hit. My lawsuit, one of thousands filed monthly against your constituents, was initiated on 2/17/2009 in Palm Beach County, Florida. May I prevail upon you to read this lengthy letter, which I agree, may be too much to ask? I hope to shed light on what is befalling millions of us out here across the nation. I write to you with several purposes in mind. First and foremost, I must convey my outrage at the roles recently played by Wall Street in the world's cataclysmic near revisiting of The Great Depression. Never have I witnessed such massive destruction of individual and national wealth due to Wall Street's greed and recklessness, more specifically with its recent love affair with mortgage backed securities, credit default swaps and other exotic derivatives. As one deeply affected and financially devastated by this unbridled avarice and opportunism that Wall Street, hugely unregulated, visited upon the world, I wish to be instrumental in sharing information that might help effect change. Second, I've made hurried visits during my limited lunch hour to local courts, where I witness many judges, who seem to exhibit no pangs of conscience when they rubber- stamp the foreclosing of hard-working peoples‟ homes , and often resort to an impersonal and unjust "rocket docket" approach to clearing the thousands of foreclosure cases they, short-staffed, are burdened with managing. From this experience, it appears the scales of justice are tipped inequitably to mostly benefit corporate interests (many that even are recipients of TARP taxpayer money). This bias is magnified by severe cutbacks to court budgets, assuring defendants little if any „due process.‟ I find most abhorrent the pervasive judicial blindness paid to The Fourteenth Amendment, part of The Constitution judges everywhere are sworn to uphold, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

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  • From: Lisa Epstein [mailto:[email protected]] Sent: Wednesday, October 07, 2009 10:05 AM

    To: e-file Subject: Fwd: Comments from a Pro Se Foreclosure Litigant in Palm Beach County

    To: The Honorable Florida Supreme Court Justices

    RE: Residential Mortgage Foreclosure Task Force Report

    Dear Honorable Supreme Court Justices,

    By way of introduction, I am a working mother and also a pro se litigant fighting a residential foreclosure, in a state that ranks among the hardest hit. My lawsuit, one of

    thousands filed monthly against your constituents, was initiated on 2/17/2009 in Palm Beach County, Florida.

    May I prevail upon you to read this lengthy letter, which I agree, may be too much to

    ask? I hope to shed light on what is befalling millions of us out here across the nation.

    I write to you with several purposes in mind.

    First and foremost, I must convey my outrage at the roles recently played by Wall Street in the world's cataclysmic near revisiting of The Great Depression. Never have I witnessed such massive destruction of individual and national wealth due to Wall

    Street's greed and recklessness, more specifically with its recent love affair with mortgage backed securities, credit default swaps and other exotic derivatives. As one

    deeply affected and financially devastated by this unbridled avarice and opportunism that Wall Street, hugely unregulated, visited upon the world, I wish to be instrumental in sharing information that might help effect change.

    Second, I've made hurried visits during my limited lunch hour to local courts, where I

    witness many judges, who seem to exhibit no pangs of conscience when they rubber-stamp the foreclosing of hard-working peoples‟ homes , and often resort to an

    impersonal and unjust "rocket docket" approach to clearing the thousands of foreclosure cases they, short-staffed, are burdened with managing. From this experience, it appears the scales of justice are tipped inequitably to mostly benefit corporate interests (many

    that even are recipients of TARP taxpayer money). This bias is magnified by severe cutbacks to court budgets, assuring defendants little if any „due process.‟ I find most

    abhorrent the pervasive judicial blindness paid to The Fourteenth Amendment, part of The Constitution judges everywhere are sworn to uphold, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United

    States; nor shall any State deprive any person of l ife, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the

    laws.”

  • Third, for my own foreclosure case, I've searched in vain for affordable, competent, and effective legal representation. Most foreclosure defense attorneys are swamped, and

    those who‟ve updated their 20th Century knowledge base to deal with the 21st Century products we know as securitized mortgages, collateralized debt obligations, credit

    default swaps and the like, are few and far between, and often come at a premium. The attorney I most seek would serve as a mentor or guide through the process, reviewing/editing advising me on my strategies and my tactics, court filings; etc, sharing

    his valued professional judgment while allowing me the opportunity to provide much of the work for my case. For such a qualified attorney, I would not require his „appearance‟

    on my behalf, but would gladly pay for an hour of those services per court filing (within the limits of my reduced circumstances). In the alternative I am open to a barter arrangement working in such an attorney‟s office. Such an arrangement could be

    mutually beneficial, providing the attorney an additional source of revenue and me valued legal coaching.

    Please indulge me further as I flesh out for you an i llustrative example of a case which

    epitomizes what befalls millions of like situated embattled homeowners across this vast nation. This case involves the foreclosure of my home which I bought in 2007. This month, as fate would have it, I am up against US Bank National Association, a

    formidable well-funded plaintiff. During the pendency of this foreclosure, one plaintiff has been substituted for another. The current plaintiff is served by a raft of new hires at

    Florida Default Law Group, a foreclosure mill notorious for its many sanctions for fraud upon the court and for egregiously acting in bad faith in general (e.g. generating fraudulent affidavits, not serving copies of pleadings on defendants despite affirming

    under pains and penalties of perjury that proper service was made, etc.). FDLG has been sanctioned by U.S. Bankruptcy Judge John K. Olson in Ft. Lauderdale, Florida, for

    filing false affidavits in federal bankruptcy court. Clearly, those sanctions were not a sufficient deterrent.

    US Bank was not my lender, but through slight of hand or some legal shell game maneuver involving questionable successive assignments and endorsements, is now a

    plaintiff claiming the right to foreclose upon me.

    Though I have zero legal training, and am flying by the proverbial seat of my pants in the serious, lofty atmosphere of the state judicial system, I am taking on my legal

    adversary, and standing up against the illegal and improper practices employed by this improper plaintiff and its counsel.

    In the intervening months since my own foreclosure case was initiated, I have during my

    lunch hours and days off spent countless hours researching, reading, thinking, and reviewing files of hundreds of foreclosure actions at my local courthouse.

    Each day, I am further astounded and sickened that financial institutions are tacitly given the legal authority to foreclose on millions of Americans' homes unchallenged,

    without so much as a single document or piece of credible evidence attesting to their right to do so.

  • From recent media releases, it appears that some judges are finally beginning to act as custodians of the vaunted judicial process that promises to serve all the nation with

    justice for all. These conscientious judges neither acquiesce to unproven claims of proper standing to bring the foreclosure action, nor blindly accept incompetent affidavits,

    nor do they accept the clownish legal tactics used by the foreclosure mill attorneys to bamboozle their way into court and foreclose on families whose homes should be protected by the judicial system.

    Among these jurists known for their daring leadership and conscionable rulings are New

    York State Judges Joseph Maltese and Arthur M. Schack, Ohio State Judge Kathleen McDonald O‟Malley, Florida State Judge Donna Pader Berlin, Federal District Judges

    David D. Dowd Jr. and Christopher Boyko in Ohio, US Bankruptcy Judges Samuel L. Bufford in Los Angeles and John K. Olson in Ft. Lauderdale.

    In my own case, we have an excellent example of the fraud and deception practiced by

    the foreclosing entities. The Complaint was filed with a ubiquitous “Re-Establishment of Lost Note” as Count II. Since then, several incompetent affidavits, doctored and/or faulty documents, and outright false statements have been filed or produced by the

    Plaintiff in my case. Many of the affidavits have affiants attesting to knowledge of facts as of a date several months AFTER the notarized date of the affidavit itself. One may be

    tempted to infer such affiants are possessed perhaps of psychic abilities and this is why they‟re of special value as witnesses in the service of my Plaintiff.

    Permit me to drill down a bit with specific details to further illustrate what we are up against out here. My Motion to Dismiss for Lack of Standing (which I filed in response to

    the original complaint) was responded to by Plaintiff on 6/3/09. In that response, Plaintiff produced a defective and invalid, unrecorded Mortgage Assignment, dated three months after the case was filed, and assigned to Plaintiff in this case - US BANK

    NA as trustee for JP MORGAN MORTGAGE TRUST. Plaintiff also produced an alleged indorsed (in blank) copy of the Mortgage Note. This copy is indorsed to JP

    MORGAN CHASE BANK NA, a different entity than is the assignor on the mortgage assignment.

    U.S. Bank NA seems to have proven all on their own that they hold the Mortgage

    Assignment but that the Promissory Note is held by a different party who is not named as a party to my foreclosure suit, nor identified in any way in any of Plaintiff‟s filings. Then, in one of Plaintiff‟s Affidavit‟s, each time U.S. Bank NA is written, there are two

    handwritten asterisks, with a tiny footnote, “**Chase Home Finance LLC As-Attorney-in-Fact-For”. Is this now yet another entity introduced in a strange and improper manner?

    U.S. Bank NA, J.P. Morgan Mortgage Trust, Chase Home Finance, J.P. Morgan Chase

    Bank NA, MERS, DHI Mortgage, all these are entities involved in this case; one could benefit from an organizational chart!

    Plaintiff submitted a copy of the alleged indorsed Mortgage Note. This copy is altered in

    subtle ways from the original Mortgage Note. This was attached by Plaintiff to their

  • original complaint and is also on file with my original lender, (e.g. the loan number is missing on page 1 & 3, the stamp missing on page 1, etc.)

    After the near miraculous locating and submission of the alleged indorsed Mortgage

    Note to the court (it having been creatively improved from the pesky, unendorsed original Note), Plaintiff dropped Count II since the "Note" has been found. As a trusting

    citizen without legal education (save for what I have undertaken on my very own) I naively had assumed fabricating evidence wasn‟t a widely accepted practice, as surely it was punishable by appropriate jail time.

    Oddly, my Mortgage Servicer‟s address is Chase Home Finance, LLC 3415 Vision Drive, Department G-7, Columbus, OH 43219-6009 which is also the address listed for my Plaintiff on their own submitted Mortgage Assignment, U.S. Bank National

    Association, As Trustee for J.P. Morgan Trust 2007-S2. How two financial behemoths can occupy the same office space remains a mystery to me.

    Another confounding item is MERS‟ address which is, per a letter mailed to me by

    Plaintiff‟s counsel, MERS 12357 Riata Trace Pkwy, Suite C150, Austin, TX 78727, yet MERS‟ officers personally appeared and signed notarized assignment of Mortgage in the County of Franklin in the far off state of Ohio. I am unsure of the wisdom of U.S.

    Bank‟s willingness to be assigned a non-performing loan on May 21, 2009 by MERS, as nominee for DHI Mortgage. U.S. Bank must have planned this out well in advance in

    light of their prescient action in initiating the foreclosure suit on February 17, 2009, a full three months before U.S. Bank was assigned the Mortgage.

    In addition, the person Whitney K. Cook, was the affiant representing JP MORGAN CHASE (the servicer) on one document filed by Plaintiff, yet on another document, this

    self-same woman signed as an officer of MERS. I fi led a Motion to Strike one of Whitney K. Cook‟s affidavits, which inspired Plaintiff to file the exact same affidavit

    signed by a new affiant. Whitney Cook of Akron, Ohio, is on FaceBook, as a 23 year old young woman who apparently easily finds high level jobs in the mortgage industry, despite a lengthy recession hitting especially hard her chosen field. After I fi led a

    Motion to Strike Ms. Cook‟s Affidavit of Amounts Due and Owing, Plaintiff in my case simply filed the exact same Affidavit with a brand new Affiant, Beth Cottrell, who attests

    to being a vice president of Chase Home Finance, but apparently is an employee of J.P. Morgan Chase per www.linkedin.com/pub/beth-cottrell/8/881/350. Beth Cottrell has signed many Mortgage Assignments as a representative of MERS and also for U.S.

    Bank. Please see the attached for a small sampling of documents signed by Beth Cotrell, Christina Trowbridge, and Whitney K. Cook claiming on different documents to

    be representatives of MERS, JP Morgan Chase, Chase Bank, US Bank, and Chase Home Finance.

    I have many other examples if needed; and all this in one foreclosure case, in one county, in one state. May I assure you that my case is neither special nor unique, as I

    review hundreds of similar, local cases weekly?

    http://www.linkedin.com/pub/beth-cottrell/8/881/350

  • Please forgive my sarcasm born both of disbelief and incredulity. I hope through my lengthy synopsis, I have armed you with an example of what is happening nationwide.

    What most galls me is that these „pretender lenders‟ are working the odds to unjustly enrich themselves, betting through their rapacious law mills that the low lying fruit –

    those who easily cave and do not contest foreclosure no matter how illegal or unjust – will far outnumber those who put up a credible fight.

    Thank you for taking the time to read this letter. Please let me know how I might serve to broadcast to other members of the judiciary, legislators, etc, news of the realities of

    this growing injustice I experience manning the foreclosure ramparts.

    Respectfully,

    Lisa B. Epstein, Pro Se, Palm Beach County

    P.S. My Docket can be viewed here (please be sure to include the critical equal sign at the end of the link):

    http://courtcon.co.palm-beach.fl.us/pls/jiwp/ck_public_qry_doct.cp_dktrpt_frames?backto=P&case_id=502009CA005542XXXXMB&begin_date=&end_date=

    P.P.S. The Pooling and Servicing Agreement for my Mortgage can be found here:

    http://google.brand.edgar-online.com/DisplayFilingInfo.aspx?Type=HTML&text=%2526lt%253bNEAR%252f4%25

    26gt%253b(%22MATTHEW%22%2c%22WONG%22)&FilingID=5245705&ppu=%2fPeopleFilingResults.aspx%3fPersonID%3d2964553%26PersonName%3dMATTHEW%2520WONG

    http://courtcon.co.palm-beach.fl.us/pls/jiwp/ck_public_qry_doct.cp_dktrpt_frames?backto=P&case_id=502009CA005542XXXXMB&begin_date=&end_date=ehttp://courtcon.co.palm-beach.fl.us/pls/jiwp/ck_public_qry_doct.cp_dktrpt_frames?backto=P&case_id=502009CA005542XXXXMB&begin_date=&end_date=ehttp://courtcon.co.palm-beach.fl.us/pls/jiwp/ck_public_qry_doct.cp_dktrpt_frames?backto=P&case_id=502009CA005542XXXXMB&begin_date=&end_date=ehttp://google.brand.edgar-online.com/DisplayFilingInfo.aspx?Type=HTML&text=%2526lt%253bNEAR%252f4%2526gt%253b(%22MATTHEW%22%2c%22WONG%22)&FilingID=5245705&ppu=%2fPeopleFilingResults.aspx%3fPersonID%3d2964553%26PersonName%3dMATTHEW%2520WONGhttp://google.brand.edgar-online.com/DisplayFilingInfo.aspx?Type=HTML&text=%2526lt%253bNEAR%252f4%2526gt%253b(%22MATTHEW%22%2c%22WONG%22)&FilingID=5245705&ppu=%2fPeopleFilingResults.aspx%3fPersonID%3d2964553%26PersonName%3dMATTHEW%2520WONGhttp://google.brand.edgar-online.com/DisplayFilingInfo.aspx?Type=HTML&text=%2526lt%253bNEAR%252f4%2526gt%253b(%22MATTHEW%22%2c%22WONG%22)&FilingID=5245705&ppu=%2fPeopleFilingResults.aspx%3fPersonID%3d2964553%26PersonName%3dMATTHEW%2520WONGhttp://google.brand.edgar-online.com/DisplayFilingInfo.aspx?Type=HTML&text=%2526lt%253bNEAR%252f4%2526gt%253b(%22MATTHEW%22%2c%22WONG%22)&FilingID=5245705&ppu=%2fPeopleFilingResults.aspx%3fPersonID%3d2964553%26PersonName%3dMATTHEW%2520WONGhttp://google.brand.edgar-online.com/DisplayFilingInfo.aspx?Type=HTML&text=%2526lt%253bNEAR%252f4%2526gt%253b(%22MATTHEW%22%2c%22WONG%22)&FilingID=5245705&ppu=%2fPeopleFilingResults.aspx%3fPersonID%3d2964553%26PersonName%3dMATTHEW%2520WONG

  • 111111111111111111111111111111111B1I1111111

    CFN 20090146019 OR BK 23206 PG 1978 RECORDED 05/01/2009 12:56:08 Palm Beach County. Florida

    RECORD & RETURN TO: Sharon R. Bock.CLERK &COHPTROLLER Law Office ofMarshall C. Watson Pg 1978; (1pg)

    5~800 NW 49th Street, Suite 120 \;;:>r'~rt Lauderdale, Florida 33309

    0'V';:;rePhOe: (954) 453-0365 \\/~s e: (954) 771-6052

    \//".~".?

    ~ t;~;"i (~\ Assignment of Mortgage ~" ~'i

    ~~.tO ;~~rt/u;L MEN BY THESE PRESENTS: ~~" ~'?10\,JJJ ~'" THAfJ~~RTGAGE ELECTRONIC REGISTRATION SYSTE~~ INCORPORATED A~ N~MINEE FOR

    q..V ,1\~ BNC MO~~AGE,INC. A DELAWARE CORPORATION resldmgor located at 1595 SprmghIlI Road, # 310 ~V Vienna, V~::ji~2 herein designated as the assignor, for and in consideration of the sum of $1.00 Dollar and other

    good and va~l!a~!e'£Qnsideration, the receipt ofwhich is hereby acknowledged, does hereby grant, bargain, sell, assign, transfef.-6dSset over unto U.S. BANK NATIONAL ASSOCIATION. AS TRUSTEE FOR . STRUCTURtfi A~ET-SECURITIESCORPORATION MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-BQ~kidingor located at: 425 WALNUT ST., CINCINNATI, OH 45202 herein designated as the assignee, the mortgage executed by JOEL GARCIA AND MADELYN ROMERO AND MAGDA ROMERO recorded July 19,2007 in Pal~~~h County, Florida at BOOK 21951 and PAGE 744 encumbering the property more particularly describelits;f9}l~ws:

    ({~~~:;;:;'> LOT 4, BLO~/i'8i;? PALM ACRES ESTATES UNIT 2, ACCORDING TO THE PLAT THEREOF, AS ~Q~ED IN PLAT BOOK 20, PAGE(S) 9, OF THE PUBLIC RECORDS OF P¥-'~EA~H COUNTY, FLORIDA.

    \:i~" _C~})\) Together with the note and each ~~.~v.:~ry other obligation described in said mortgage and the money due and to become due thereon \ (\~J)

    ''7:~:~v') TO HAVE AND TO HOLD the same\·~t6the said assignee, its successors and assigns forever, but without recourse on the undersigned. ,\ ((:~~.

    In Witness Whereof, the said Assignor has'~efe;4nto set his hand and seal or caused these presents to be signed by its proper corporate officers and its corporate s~~~~:~)hereto affIxed this ~ day of 4pei ( 2009.

    \s ~~~~~~ ~~~~~~G~~~~~~k'b ~~~ci~~~~~OR BNC MORTGAGE, INC. A DELAWARE CORPORATION

    ~~~~~~ Vice President

    Sign,d in tho preren" ~

    ~~s~Print Name: e ' WITNESS: ' Print Name: 1JEiIieL SmJth STATE OF O_hi_O _

    COUNTY OF Franklin _

    P~RSON17c:#,APPEARED BEFfME, the undersigned authority in and for the a.foresaid county and state, on thIS the day of t2i!(.1/ fbO:t, within my jurisdiction, the within named who acknowledged to me that (s)he is hr!stma I rower! ge and who are personally known to me or has provided as identification, that for and on behalf of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INCORPORATED AS NOMINEE FOR BNC MORTGAGE, INC. A DELAWARE CORPORATION and as its act and deed (s)he executed the above and foregoing instrument, after first having been duly authorized by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INCORPORATED AS NOMINEE FOR BNC MORTGAGE, INC. A DELAWARE CORPORATION to do so.

    WITNESS my hand and official seal in the County and State last aforesaid this ~day of Apej ( ,2009. -.

    ~

    09-09972

    Book23206/Page1978 Page 1 of 1

  • Igl~III~I~lllllllglllll.

    CFN 20090010969 OR BK 23029 PG 0566 RECORDED 01/09/2009 14:50:58 Palm Beach County, Florida

    PREPARED BY: Courtney Jared Bannan, Esquire Sharon R. Bock, CLERK & COMPTROLLER Pg 0566; (1P9)

    '5fECORD & RETURN TO: ,\;;::/~w Office ofMarshall C. Watson

    , /f.8ilO NW 49th Street, Suite 120 \~rt erdale, Florida 33309

    ~,1' e: (954) 453-0365 " Sl\nile: (954) 771-6052

    } ..... o ,,"-,r'O ,/ Assignment of Mortgage \~rN\

    KNO\W~'rL,NENBY THESE PRESENTS:

    THAT C~~.BANK USA, N,A, residing or located at 3415 Vision DR., Columbus OH 43219 herein designated as the assigJ\6r,.fot and in consideration ofthe sum of $1.00 Dollar and other good and valuable consideration, the receipt ofwhfuJBs-1iereby acknowledged, does hereby grant, bargain, sell, assign, transfer and set over unto U.S. BANK NATIONAJt}-SSOCIATION, AS TRUSTEE FOR JP MORGAN MORTGAGE ACQillSITION TRUST 2006-CW''!1MACC 2006-CH2) residing or located at: 425 Walnut ST., Cincinnati OH 45202 herein designated as the ~gnee, the mortgage executed by TADDYS N. ABATH recorded March 23, 2006 in Palm Beach County, Florida at B

    '" ";.\~.",,., - - 13

    08-53956

    Book23029/Page566 Page 1 of 1

  • CFN 20090007141 OR BK 23024 PG 1543 RECORDED 01/07/2009 14:46:37 Palm Beach County, Florida Sharon R. Bock,CLERK & COKPTROLLER Pg 1543; (lpg)

    ~,

    '~IGNMENT OF MORTGAGE SPACE FOR RECORDING ONLY F.S.§695.26

    \f~Jfh FOR VALU,E:JRECEIVED, on or before November 14, 2008, the undersigned, CHASE BANK USA, N.A., ("Assign~~')\ whose address is

    \\J j2- assIgned, transferred and conveyed to: U.S. BANK NATIONAL ASSOCIATI9~ AS TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUISITION TRUST 2006-CH2 (JPMACC 2\~H2), ("Assignee") whose address is 10790 Rancho Bernardo Road, , San Diego, CA 92127, its successors andfW'~igns, all of the right, title, and interest of Assignor in and to that certain Mortgage (the "Mortgage") datee:giW 30,2006 and recorded November 16,2006 in Official Records Book 21087 at Page 1934 of the public recort18 of PALM BEACH County, Florida, encumbering the following-described real property:

    f"'~

  • CFN 2121121912118871214 OR BK 23267 PG 128121 RECORDED 06/04/2009 12:15:57 Palm Beach County. Flor~da Sharon R. Bock.CLERK & CO"PTROLLER Pg 1280; (1pg)

    SPACE FOR RECORDING ONLY F S §695 26

    }."-',

    "':;::>;::;:-, FOR \f«J..~E RECEIVED, on or before November 20, 2007, the undersigned, JPMORGAN CHASE BANK, N.A., "("~5~lgnor") whose address IS

    \,:») assIgned, transferred and conveyed to US BANK, NATIONAL ASSOCIATl~~~STRUSTEE FOR JPM ALT 2006-AI, ("AssIgnee") whose address IS 3415 VIsIon Drive, Department G'I::1;.C'Q;lumbus, OH 43219-6009, Its successors and/or assIgns, all of the right, tItle, and mterest of Assignor m andc{6'that certam Mortgage (the "Mortgage") dated December 12, 2005 and recorded January 25, 2006 m OfficIal ~ds Book 19845 at Page 680 of the public records of PALM BEACH County, Florida, encumbering the fo'r~mg-descrlbed real property

    /',::..,;\

    LOT 74, ot"~ij~ACINA, JOHNSON PROPERTY, P.U.D., ACCORDING TO THE PLAT THERE~~)IIj'ILED IN PLAT BOOK 101, AT PAGES 91 THROUGH 105, OF THE PUBLIC R~Q;R;DS OF PALM BEACH COUNTY, FLORIDA.

    G:~~), as the same may have been an\2!!p~B.Tr:~m time to time, together With the Note and mdebtedness secured thereby

    '\,{ »'" MORTGAGOR(S) ~~I;ffl.O A RODRIGUEZ, MARIA GENOVESE, and JULISSA RODRIGUEZ \~:~~::;.v')

    \.{,,::':>~/

    IN WITNESS WHEREOF, AS~I~!J~has executed and delivered thIs Instrument on h.. ')7 a. \ ,1~909

    ~

  • ASSIGNMENT OF MORTGAGE SPACE RJ& RECO.lDlNG o:NLY FS t6" 2'

    FOR VALUE RECEIVED, on or before February 09, 2009. the undersigned, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS NOMINEE FOR DBI MORTGAGE COMPANY LTD, ("Assignor") whose address is

    -::-::-::-==-:-=c::-:-:---o-::-:======-=__-::-__:_ assigned, transtCrred and conveyed to: U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN MORTGAGE TRUST 2007-S2, ("Assignee") whose address is 3415 Vision Drive, Department G-7, Columbus, OH 43219~OO9, its successors andlor assigns, aU of the right, title, and interest of Assignor in and to that certain Mortgage (the "Mortgage") dated February 23, 2007 and recorded March 02, 2007 in Official Records Book 21468 at Page 1835 of the public records of PALM BEACH County, florida, encumbering the following-described real properly:

    LOT 228, OF TERRACINA, JOHNSON PROPERTY, P.U.D. ACCORDING TO THE PLAT THEREOF, FILED IN PLAT BOOK 101, AT PAGES 91 THROUGH 105, INCLUSIVE, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA

    as the same may havc been amended from timc to timc; together with thc Note and indebtedness secured thereby.

    MORTGAGOR(S): LISA B. EPSTEIN, and ALAN EPSTEIN

    IN WITNESS WHEREOF, Assignor has cxccuted and delivered this Instrumcnt on h-uy ~ ( ,2009.

    MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INCORPORATED AS NOMINEE FOR DBI

    Witness Typed Namc. -JlZ __ _ :y:O~Oh~.......""C..qesOO:'F'"-

    Christina Trowbridge c:r--TypcdNamc:

    Title:;:~~~ijd;t=~-;;.==:~~= Witness VladImir Barsukov Typed Namc'-- _

    Attest:

    (Affu: Corporate Seal) STATEOFQWQ COUNTY OF FRANKLIN

    BEFORE ME, thc undersigned, p~~ ChristIna Trowbridge and \Mlll7M'¥ K Cook as and Asslslpnt SeaBtary rcspcctivcly, and known to me to be the persons that executed thc foregoing instrument, and acknowledged that they cxecuted the foregoing as its duly authorized officer.; and that such cxecution was done as thc free act and deed of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS NOMINEE FOR DBI MORTGAGE COMPANY LTD this ~ df.)' of .2009.t-"-/ ~: I\A G-.P ~ ,EllfiRM.Nar ~~~~~ _~M~

    MrC " ....aaau Recording requested by. prepared by and return to: eiri10 Codrington

    FILE_NUMBER: F09015624

    *F09015624* *MOOI100*

  • (;';;.~J, ... ,': .:0;." ".

  • /1111/1111111111/1111111111111/1111111111111/11/111111/

    CFN 20090020703 OR BK 23041 PG 0837 RECORDED 01/20/2009 11:51:27 Palm Beach County, Florida Sharon R. Bock,CLERK & COMPTROLLER Pg 0837;

  • II~III~IIIII~IIIIIIIII

    CFN 20090210891 OR BK 23299 PG 2001 RECORDED 06/24/2009 08:23:13 Pal. Beach County, Florida Sharon R. Bock,CLERK &COftPTROLLER Pg 2001; (lpg)

    SPACE FOR RECORDING ONLY F.S.§69S.26

    FOR ~@E RECEIVED, on or before January 10, 2008, the undersigned, CHASE BANK USA, INC., ("AssigriOt~') f. whose address is

    \;:~. '~, LOT 44, JEFFf{!i@PN MANOR, DELRAY BEACH, FLORIDA, ACCORDING TO THE PLAT THERE~:~ RECORDED IN PLAT BOOK 24, PAGE 150, OF THE PUBLIC RECORDS OF P~~¥:ACHCOUNTY, FLORIDA

    ,\./ >.::as the same may have been am\l~J~SJ;fi:'om time to time; together with the Note and indebtedness secured thereby.

    V;·~:,. MORTGAGOR(S): LIN~::M{ SEIGNON

    7-::;'y>'>\.~~-.;."~/

    ~ WITNESS WH~OF, ASSIgn.~r.ha.s executed and delivered this Instrument on d/\.R..< ~ (7~· .J2I2P~ '~~ ~ R chelle L SmithTyped Name a

    Cc \IL !£r=. y

    Witness Attest:Typed Name Chat¥!' Hod;e

    STATE OF OHIO COUNTY OF FRANKLIN

    . Christina TrowbridgeBEFORE ME, ee \l.Iiderslgned, personally llP.Peau:istcset As . tal t S etary

    and Whitney K. OOl( as vrce ...11 n and SIS I eCfI respectively, and known to me to be the persons that executed the foregoing instrument, and acknowledged that they executed the foregoing as its duly auth~ ,officers and a su h exe ution was done as the free act and deed of CHASE BANK USA, INC. this ~ day of ,2009.

    "Z. ;;::::3"" Notary Public: My commission expires:

    Recording requested by, prepared by and return to: Rebeca Merino Florida Default Law Group, P.L. P.O. Box 25018 Tampa, Florida 33622-5018

    FILE_NUMBER: F08002649 DOCJD: M001100

    *F08002649* *MOOII00*

    Book23299/Page2001 Page 1 of 1

  • JUN2009 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDIClAL CIRCUIT

    IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL ACTION

    ~U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN MORTGAGE TRUST 2OO7-S2,

    J>Wndtr, CASE NO.: So-2009-eA-OOS542

    VI. DlVISJON:AW

    LISA B. EPSTEIN, ef ai, DefcDdaDt(5).

    AFFIDAVIT AS TO AMOUNTS DUE AND OWING

    STATE OF OHIO

    COUNTY OF FRANKLIN

    BEFORE ME this day personally appeared B""e""th CottreIl;11&.l................... _

    (Affiant) who upon oath, deposes on personal knowledge and says:

    I. This Affidavit is submitted in support ofPlaintiffs Motion for Final Judgment for the pwpose of

    showing: that there is no genuine issue as (0 any material fact, that Plaintiffis entitled to enforce the Note and Mortgage

    and Plaintiffis entitled to a judgment as a matter oflaw.

    2. Iam As_S_is_ta_n_t_S_ec_rs"""t-"'arv"-4. (title), ofCHASE HOME FINANCE

    LLC. CHASE HOME FINANCE LLC is the servicerofthe loan. CHASE HOME FINANCE LLC is responsible for

    the collection ofthis loan transaction and pursuit ofany delinquency in payments. I am familiar with the books of

    a~ount and have examined all books, records, and documents kept by CHASE HOME FINANCE LLC wncerning the

    transactions alleged in the Complaint. All ofthese books, rcwrds and documents are kept by CHASE HOME

    FINANCE LLC in the regular course of its business as servicer ofthe loan transaction and ~ made at or near the time

    by, and from information transmitted by, persons with personal knowledge ofthe fselll such as your Affiant. It is the

    regular practice ofCHASE HOME FINANCE LLC to lIUIke and keep these books. records, and documents. The books,

    FILE_NUMBER: F09015624

    ----~--~ .. '--_..

  • records, and docwnents which Affiant has examined are managed by employees or agents whose duty it is to keep the

    books accurately and completely. Furthermore, Affiant has pen>onal knowledge ofthe matters contained in the books,

    records and documents kept by CHASE HOME FINANCE llC.

    3. I have personal knowledge ofthe facts contained in this affidavit. Specifically, I have personal

    knowledge ofthe facts regarding the sums ofmoney which are due and owing to U.S. BANK NATIONAL

    ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN MORTGAGE TRUST 2007-S2 pursuant to the Note and

    Mortgage which is the subject matter of the lawsuit.

    4. Plainti(U.s. BANK NATIONAL ASSOClATION, AS TRUSTEE FOR J.P. MORGAN

    MORTGAGE TRUST 2007·S2, is owed the following sums of money as of 08/10/09:

    PRINCIPAL $ 31.3 J tf¥k· ~9 r-:: '!l Ie;: ?Ol. f~ INTEREST ,. »

    PER~OFS O~,~ ( ,5;3 % interest rate)

    PRE·ACCELERATION LATE CHARGES 230.22 THROUGH February 09, 2009

    PROPERTY INSPECTIONS

    BANKRUPTCY FEES & COSTS

    TAXES

    INSURANCE

    APPRAISAL

    PROPERTY PRESERVAnON

    OTHER (specify):

    //'

    TOTAL

    F090 15624 I,

  • s. -*u.s. BANK NATIONAL ASSOCIATlON, AS TRUSTEE FOR J.P. MORGAN MORTGAGE TRUST 2007-S2 has employed the services of the law finn of Florida Default Law Group, P.L. in this action against

    the Defendant(s), and is obligated to pay Florida Default Law Group, P.L. a reasonable attorney's fee for its services,

    along with all costs and expenses of this action. In this uncontested foreclosure case, we have agreed to pay the law finn

    of Florida Default Law Group, P.L. a flat fee of$I,200.00. In the event the matter becomes contested, we have

    agreed to pay an hourly fee up to $175.00 per hour.

    FUR1llERAFFlANTSAYETHNOT.~

    Typ,N~,H=, ~ottreU Assistant Secretary

    The foregoing instrument was sworn to and subscribed before me this.-LL day o~ 2009. by Beth Cottrell ,who is personally known to me. "--'

    ------- • ;::::::;> ~ WENONA SCHURCuType Name Here: t:;~ o. Not p fl NOTARY PUBU-C-,-S-ta-te-o-f-O-H-IO-------- ~;..;; if',~/ My cary. uhlic, State of Ohio

    "",~",.," ommfsslon Exni,es 09-26-2012My commission expires:__________ Y"

    F09015624-1843285023 CHASEDIRECT-CONV-ablvetl

  • JUN2009 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT

    IN AND FOR PALM BEACH COUNTY. FLORIDA CIVIL ACTION

    ~U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN MORTGAGE TRUST 2007-52.

    Plalndtr. CASE NO.: SD-ZOO9-eA-OOS542

    VI. DIVISION: AW

    LISA B. EPSTEIN, et ai, Defeodaot(s).

    AFFIDAVIT AS TO AMOUNTS DUE AND OWING

    STATE OF OHIO

    COUNTY OF FRANKLIN

    BEFORE ME this day personally appeared B""e""'th.........C...ottu,u.,reIgu.I _

    (Affiant) who upon oath, deposes on personal knowledge and says:

    I. This Affidavit is submitted in support ofPlaintiffs Motion for Final Judgment for the purpose of

    showing: that there is 00 genuine issue as to any material fact, that Plaintiffis entitled to enforce the Note and Mortgage

    and Plaintiffis entitled to a judgment as a matter ofJaw.

    2. I am As_s_is_ta_n_t_S_9C_re.:..;t-"'ary~ (title), ofCHASE HOME FINANCE

    LLC. CHASE HOME FlNANCE LLC is the scrvicerofthe loan. CHASE HOME FINANCE LLC is responsible for

    the collection ofthis loan transaction and pursuit ofany delinquency in payments. I am familiar with the books of

    a~ount and have examined all books, records, and documents kept by CHASE HOME FINANCE LLC wnceming the

    transactions alleged in the Complaint. All ofthese books, Towrds and documents are kept by CHASE HOME

    FINANCE LLC in the regular COUl'Se ofits business as scrvicer ofthe loan transaction and ~ made at or near the time

    by, and from information transmitted by, persons with personal knowledge ofthe facts such as your Affiant. It is the

    regular practice ofCHASE HOME FINANCE LLC to make and keep these books, records, and documents. The books,

    ----~_.~.. "-_.. -

    FILE_NUMBER: F09015624

  • records, and docwnenlS which Affiant has examined are managed by employees or agents whose duty it is to keep the

    books accurately and completely. Furthennore, Affiant has pen:onal knowledge ofthe matters contained in the books,

    records and documents kept by CHASE HOME FINANCE llC.

    3. I have personal knowledge ofthe facts contained in this affidavit. Specifically, I have personal

    knowledge ofthe facts regarding the sums ofmoney which are due and owing to U.S. BANK NAnONAL

    ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN MORTGAGE TRUST 2007-S2 pursuant to the Note and

    Mortgage which is the subject matter of the lawsuit.

    4. Plaintitu.s. BANK NATIONAL ASSOClATION, AS TRUSTEE FOR J.P. MORGAN

    MORTGAGE TRUST 2007-S2, is owed the following sums of money as of 08/10/09:

    PRINQPAl $ 3B/-I¥k.~9 INTEREST t

  • s. -*U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN MORTGAGE TRUST 2007-52 has employed the services of the law fum of Florida Default Law Group, P.L. in this action against

    the Defendant(s), and is obligated to pay Florida Default Law Group, P.L. a reasonable attorney's fee for its services,

    along with all costs and expenses of this action. In this uncontested foreclosure case, we have agreed to pay the law firm

    of Florida Default Law Group, P.L. a flat fee of $1,200.00. In the event the matter becomes contested, we have

    agreed to pay an hourly fee up to $175.00 per hour.

    FURTIlERAFFlANTSAYETHNOT.~

    Typ,N~,H~" ~ottreU Assistant Secretary

    The foregoing instrument was sworn to and subscribed before me this.-L.L day o~ 2009. by Beth Cottrell ,who is personally known to me. --

    -...._-- .;z:.;> ~ WENONA SCHURCuType Name Here: \:;;~ 0; Not p 11

    NOTARY PUBU-C-.-St-a-te-o--cf-O-H-'-O------- ~;. ;,. iJ':,o/ My cary. uhlic, State of Ohio ~"~..2::.•./ ommfsSlon Ex"';'es 09-26-2012My commission expires:__________ Y"

    F09015624-1843285023 CHASEDIRECT-CONV-ablven