motion for sanctions pursuant to fla. stat. § …

104
Filing # 119254928 E-Filed 01/07/2021 04:31:59 PM IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR SEMINOLE COUNTY, FLORIDA CASE NO. 2015-CA-001454-H-W US. BANK TRUST, N.A. AS TRUSTEE FOR LSF9 MASTER PARTICIPATION TRUST, Plaintiff. Vv. DEREK DOUGLAS DICKINSON, et al, Defendant(s). V. DEREK DOUGLAS DICKINSON, Counterclaim Plaintiff. Vv. US. BANK TRUST, N.A. AS TRUSTEE FOR LSF9 MASTER PARTICIPATION TRUST, Counterclaim Defendant. MOTION FOR SANCTIONS PURSUANT TO FLA. STAT. § 57.105 Defendant/Counter-Plaintiff, Derek Dickinson files this Motion For Sanctions for knowingly making materially false statements in docket item 189, MOTION TO DISMISS AND INCORPORATED MEMORANDUM OF LAW and throughout the entire court proceedings. *#%* E-FILED: GRANT MALOY, CLERK OF CIRCUIT COURT SEMINOLE COUNTY, FL 01/07/2021 04:31:59 PM.***#*

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Page 1: MOTION FOR SANCTIONS PURSUANT TO FLA. STAT. § …

Filing # 119254928 E-Filed 01/07/2021 04:31:59 PM

IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT

IN AND FOR SEMINOLE COUNTY, FLORIDA

CASE NO. 2015-CA-001454-H-W

US. BANK TRUST, N.A.

AS TRUSTEE FOR LSF9

MASTER PARTICIPATION

TRUST,

Plaintiff.

Vv.

DEREK DOUGLAS DICKINSON, et al,

Defendant(s).

V.

DEREK DOUGLAS DICKINSON,

Counterclaim Plaintiff.

Vv.

US. BANK TRUST, N.A.

AS TRUSTEE FOR LSF9

MASTER PARTICIPATION

TRUST,

Counterclaim Defendant.

MOTION FOR SANCTIONS PURSUANT TO FLA. STAT. § 57.105

Defendant/Counter-Plaintiff, Derek Dickinson files this Motion For

Sanctions for knowingly making materially false statements in docket item 189,

MOTION TO DISMISS AND INCORPORATED MEMORANDUM OF LAW

and throughout the entire court proceedings.

*#%* E-FILED: GRANT MALOY, CLERK OF CIRCUIT COURT SEMINOLE COUNTY, FL 01/07/2021 04:31:59 PM.***#*

Page 2: MOTION FOR SANCTIONS PURSUANT TO FLA. STAT. § …

TABLE OF CONTENTS

TABLE OF AUTHORITIES 0.0.0... cscsssccrcessccccssscccesssscccessscccessssceesssccsseescesee iii

TABLE OF EXHIBITS. ..............cccscsssssssssccsssscccssscsccsssscscssssccscesssccccessccscessssceeeeees iv

INTRODUCTION ...........cccccssccsssscsssesssscccssssscssssesssssssssssssssesscescsssssssscsessessssesesesees 1

EQUIVALENT FACTS... ees ccccccsccceccsscccccsscccccssscccsssccccesssccceeessssscsccccceeessssoees 4

SHORT-NAMEG............sssccsssssssscssscccssscccssssssssssessessssssscssssesssssessssssssessssssssssssseeess 5

STATEMENT OF FACTS ............ccccsscssssssscscccssssesssscccesssccssessssssssccccseeesssssssscoees 6

HOPING THE COURT ONLY READS HIS SIDE? 0.0... esscccseessnsrsessscccceeee 35

TABLE OF FRAUD NOTIFICATIONS. ................csscssssssscssscsceessssccnsssscesssccesoes 35

TABLE OF DENTAL FRAUDS. ...........ccscccsssessssccccsccsssscsscsesscosscesessssssssssscssesees 37

SUMMARY OF THE ARGUMENT SS............cccsccssccscesecssccssssscccssssccessscsscceeeesssees 38

STANDARD OF REVIEW .........ccccsscssscccscccsscccsssssscccsessesscssssssessscssessccsssesssseeees 39

ARGUMENT G..........cccssccsssccssssccsssccssscccssscccsscccsssscssssescssescsssssssssescssscssssssssssesssseeees 41

ARGUMENT 1: NOTE FRAUD VIOLATES FLA. STAT. § 57.105... 41

ARGUMENT 2: SAMSING’S DENIAL FRAUD... eee eeeeeeeeeeeeeeneeees 42

ARGUMENT 3: TEN YEARS TO ADDRESS THE FACTS... eee 43

CONCLUSION ...........ccccsscssssscssssccscscccsssscssssssssccsssssescsssscsessssssssssesesssssesssecsseseseeees 44

CERTIFICATE OF SERVICE. ............cccccssssssscsscssssscccssssscsssscscessssssccsssceeeessssees 44

APPENDIX: CITED CASES.............. cc csscsssscccssccecssccscesssscccesssscccessscccsssssseeessssees 45

THE FLORIDA SUPREME COURT... ee eee eenseeecenseeeesnseeeeeeeeeeeeeeseeeees 46

Page 3: MOTION FOR SANCTIONS PURSUANT TO FLA. STAT. § …

BARTRAM 2016.00.00... cece scssecesseesssescssessssseesssescsssesssssesseessessessoseseeseesaeas 46

MOAKLEY 2002.0... ee eetccesecesseevenseesssseessssesesesesssevessascssessessesseseeseesgeas 47

PITTMAN 1920... cee cestecsseessseecensesesssenssssesessesesssesesseseeseessssessossssesesesnseas 48

THE FLORIDA FIFTH DISTRICT COURT OF APPEAL... eee 49

ROBERTS 2018.00... eee cesccsseceeseesenseesssnenssseesessesesssevsssascsseesesseesesseseessgeas 49

FLOYD 2016.0... cece cetecceseeeeseesesseeesssessessesessssesssessessesesseneseesesseseesseees 49

WENWET SUN 2011. eee cstccessenessescsssessssessessensenssssesesseessseessesnens 50

COX 1998... eee cette ctsseceessesenseessssesessseseseesssssessssesessesssssesesseentasesssasenessees ol

OTHER FLORIDA DISTRICT COURTS OF APPEAL... eee ceeseeeeeeeee D2

GLARUM 2011. cess ccsescsseceessessssasssuanevensescsatessssesenssesssesssssessoesseees D2

HARVEY 2011 eee cestecesecessneesssscerssesssssessseersssseseeseessssessessssasessenens D3

MORGAN 2002... ee ceesescensecesssensseesessdeessscnsssssssseesssnsesseessessessenseseeseessaeas D3

FEDERAL DISTRICT COURTS... eee ceseeesreesessesesseesesssesseeseesseesesseesees D4

ALTIER 2013... ee ccttesessecsesseecseesssseesssnesessescsssssesssesessesssssesessessessaeesesseees 04

il

Page 4: MOTION FOR SANCTIONS PURSUANT TO FLA. STAT. § …

TABLE OF AUTHORITIES

CASES

Altier v. Fed. Nat’! Mortg. Ass’n , No. 1:13-cv-164-MW/GRJ, 2013 WL 6388521,

at *3 (N.D. Fla. Dec. 6, 2013)........ ccc ecceeesssseccecesessnseceeseesssnsssnsssseeesssesssssseeees 28,94

Bartram v. U.S. Bank Nat'l Ass'n, 211 So. 3d 1009 (Fla. 2016)................... 40,44,46

Cox v. Burke, 706 So. 2d 43, 46 (Fla. Dist. Ct. App. 1998).......... cc eeeeeeseeeeeees 39,51

Floyd v. Bank of Am., N.A., 194 So. 3d 1071, 1075 (Fla. Dist. Ct. App. 2016). 40,49

Glarum v. LaSalle Bank Nat'l Ass'n, 83 So.3d 780, 782-83 (Fla. 4th DCA 2011)

esesssceessseessseeessesensnsecesseesssseeseseesesssesnssesessecessseessseessseesssseesaseecsseeeesessseesbnsseesesesens 40,52

Harvey v. Deutsche Bank Nat'l Trust Co., 69 So. 2D 300, 304 (Fla. 4th DCA 2011)

sesoossovscevsscossevnaccensesnanssnsssoosssnssessssossesnaccssessnarssnsssosggenesesnsoonseonascisisesdvboreessonesevseners 28,53

Moakley v. Smallwood, 826 So. 2d 221, 224 (Fla. 2002)..........ccsssccsssssseceessneees 42,47

Morgan v. Campbell, 816 So.2d 251, 253 (Fla. 2d DCA 2002)... eeeeeeee 41,53

Roberts v. PNC Bank, N.A., 263 So. 3d 119 (Fla. Dist. Ct. App. 2018)............. 41,49

United States Sav. Bank v. Pittman, 86 So. 567, 572 (Fla. 1920)..............6 42,47,48

Wenwei Sun v. Aviles, 53 So. 3d 1075, 1076 (Fla. Dist. Ct. App. 2011)........... 41,50

ii

Page 5: MOTION FOR SANCTIONS PURSUANT TO FLA. STAT. § …

STATUTES

Florida Statute 57.105... cesccssssescececcccecssscecccccessscsscecscessesnscssesssssesennens 1,38,41

Florida Statute 90.803..............ccccccccccssssssceccccccsescssccecccesessescscesssscssessssecesseseees 39,49,52

Florida Statute 702.015... ecesesescececcccecessscecccccsessesscesccessnsescssessssseseenens 3,31,40

Florida Statute 713.310... cccesccccsesescececccceesssscseccccsenssssscececesessuscscesesssessasenscss 18,22

Florida Statute 817.535... eeceesscesecsseseseeeeeeeeeeeesnees 1,2,3,5,18,22,23,28,29,34,37

Exhibit A......Fraudulent Note from foreclosure claim..................c6+. Cover + 6 pgs

Exhibit B....... Altered Mortgage (First Page) from foreclosure claim....Cover + 1 pg

Exhibit D1....Note copy from earlier counterclaim (Docket 151)....... Cover + 3 pgs

Exhibit D3....Email to Caliber revealing note fraud...................:c.0000 Cover + 2 pgs

Exhibit D6....First page of the original mortgage................::cccccesseseeeees Cover + 1 pg

Exhibit D7....Payment Letter to Borrower (closing document)............. Cover + 1 pg

Exhibit D8....Wilson Interrogatories................cccccccccessesseessesessssssssseneees Cover + 1 pg

Exhibit D10. .Non-specific Order for dismissal (Docket 150)............. Cover + 2 pgs

Exhibit D14. .Transcript from Hearing on January 23, 2020............. Cover + 19 pgs

lv

Page 6: MOTION FOR SANCTIONS PURSUANT TO FLA. STAT. § …

INTRODUCTION

Opposing counsel has repeatedly tried to deceive the court by

misrepresenting and/or ignoring the material facts of this case. These are clear

violations of Fla. Stat. § 57.105(1)(a) and Fla. Stat. § 817.535(2)(a). For this

reason, I am seeking that the Foreclosure Complaint is dismissed and that Attorney

fees in excess of $27,000 be awarded. This is also the subject of a forthcoming

complaint to the Florida Attorney General.

There is overwhelming and irrefutable evidence that proves the maturity

date of the August 20, 2003 Note and Mortgage was September 1, 2033. This

material fact has been repeatedly misstated. Three independent sources prove this:

(a) Seminole County Record: The mortgage signed on August 20, 2003

(book 4996, page 1426) has terms ending on September 1, 2033

(Exhibit D6). This is in conflict with Exhibit A of the Instant

Foreclosure (Docket 2).

(b)Opposing Litigants Closing Documents: Opposing litigants

provided PAYMENT LETTER TO BORROWER (Exhibit D7) from

the August 20, 2003 closing with terms ending on September 1, 2033.

(c) My Records: The copy of the original note given to me at the August

20, 2003 closing (Exhibit D1) has terms ending on September 1, 2033.

Page 7: MOTION FOR SANCTIONS PURSUANT TO FLA. STAT. § …

These three independent sources clearly show that the terms of the original note

ended on September 1, 2033. Thus, Exhibit A is not the original note. Opposing

counsel has not disputed any of the evidence, but denied that the facts were

communicated. These facts were presented to opposing counsel at least 42 times in

AMENDED COUNTERCLAIM 817.535 ONLY (Docket 173) and over 280 times

to date as described in the remainder of this Motion for Sanctions. There are two

frauds upon the court by opposing litigants:

Note Fraud: Where opposing litigants present Exhibit A as. the original

promissory note.

Denial Fraud: Where opposing litigants deny that the oft-repeated facts have

been presented.

To be clear opposing counsel has neither mentioned or explained these material

facts:

1) The Original Mortgage recorded from August 20, 2003 has a maturity

date of September 1, 2033. They have mentioned that it was re-recorded, but have

not addressed why this was done (i.e. how the Altered Mortgage differs).

2) The PAYMENT LETTER TO BORROWER signed on August 20,

2003 evidenced a maturity date of September 1, 2033.

3) | The copy of the Promissory Note given to me on August 20, 2003

evidenced a maturity date of September 1, 2033.

Page 8: MOTION FOR SANCTIONS PURSUANT TO FLA. STAT. § …

These material facts irrefutably establish that there is no chance that Exhibit A is

the Original Promissory Note. These facts have been brought up hundreds of times

during the proceedings. Opposing counsel’s failure to address these facts is

grounds for sanctions. However, opposing counsel has taken it a step further and

made numerous statements in direct conflict with the facts of the case. This is a

felony violation of Fla. Stat. § 817.535(2)(a).

It should be noted that the Instant Foreclosure was initiated in violation of

Fla. Stat. § 702.015(4) which is also subject to sanctions. This fact may be

addressed in another motion.

Page 9: MOTION FOR SANCTIONS PURSUANT TO FLA. STAT. § …

EQUIVALENT FACTS

With regards to the upcoming discussion, there are several facts that are

functionally equivalent. These facts (a-e):

(a) The terms of the original promissory note ended in 2033, thus ...

(b) Exhibit A is fraudulent, thus ...

(c) Opposing litigants do not possess the original blank endorsed

promissory note, thus ...

(d) Opposing litigants do not possess the debt, thus ...

(e) Opposing litigants do not have standing.

Facts (a-e) are functionally equivalent.

Page 10: MOTION FOR SANCTIONS PURSUANT TO FLA. STAT. § …

SHORT-NAMES

# Long Name Short Name

1 |Motion for and Sanctions (this document) Motion for Sanctions

2 |Motion to Dismiss and Incorporated Memorandum of Law Motion to

(Docket 189) Dismiss

3 |}Amended Counterclaim 817.535 Only (Docket 173) Instant

Counterclaim

4 |Verified Complaint for Foreclosure of Mortgage (Docket 2) Instant Foreclosure

5 | Verified Counterclaim Complaint (Docket 141) Initial Counterclaim

6 |} Amended Counterclaim (Docket 151) Amended Counterclaim

7 |Bank of Blue Valley BBV

8 |Countrywide Document Custody Services, A Division of Countrywide

Treasury Bank, N.A. without recourse

9 |Christiana Trust, a division of Wilmington Savings Fund Trust-5

Society, FSB not in its individual capacity but as Trustee of

ARLP Trust 5

10};WILMINGTON TRUST, NATIONAL ASSOCIATION, T-2014 NOT IN ITS INDIVIDUAL CAPACITY BUT AS TRUSTEE OF ARLP SECURITIZATION TRUST, SERIES 2014-1

11]Ocwen Loan Servicing, LLC Ocwen

12)Caliber Home Loans, Inc Caliber

13}U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF9 LSF9 MASTER PARTICIPATION TRUST

14;BANK OF AMERICA, N.A. BOA

15} Assignment of Mortgage AOM

Page 11: MOTION FOR SANCTIONS PURSUANT TO FLA. STAT. § …

STATEMENT OF FACTS

The docket currently contains over 190 entries. Clarity requires that the facts

in this section are limited to ones pertinent to the present motion. To that effect, I

have limited the presented facts to those that are relevant to the Denial Fraud (since

the Instant Counterclaim details the Note Fraud). Additionally, this details that the

material facts have been clearly and repeatedly communicated to the opposing

litigants.

1) On June 16, 2015, the opposing litigants initiated the Instant

Foreclosure (Docket 2). A few points:

a) The alleged note that opposing counsel purported to be signed on

August 20, 2003 (Exhibit A) did not match the terms of the mortgage

signed on the same day (book 4995, page 1426). This should have

been addressed before filing this claim.

b) The Instant Foreclosure refers to the original mortgage (Book 4996,

Page 1426) yet includes the altered mortgage as Exhibit B (Book

5109, Page 1911) without mentioning the discrepancy.

I immediately recognized the modifications to the note (but was not fully aware of

the legal implications due to my ignorance of the law).

Page 12: MOTION FOR SANCTIONS PURSUANT TO FLA. STAT. § …

2) On October 12, 2015, opposing litigants filed a response (Docket 28)

to my former wife’s counsel’s (Gregory M. Wilson) request for production.

Included in this was the document PAYMENT LETTER TO BORROWER

(Exhibit D7). This includes the statement:

The monthly payments on the above referred to loan are to begin on

OCTOBER 1, 2003 and will continue monthly until SEPTEMBER 1,

2033.

Clearly, opposing counsel should have noticed that this was inconsistent with their

alleged promissory note (Exhibit A).

3) Gregory M. Wilson clearly recognized that Exhibit A was fraudulent

and filed the following on January 26, 2017:

a) Third Request to Produce (Docket 91): “...Please produce the

original Promissory Note and the original Mortgage ...

b) Notice of Service of Interrogatories (Docket 92): “Explain, in detail,

how the assignment of Defendants’ alleged Mortgage from Bank of

Blue Valley, dated September 16, 2003, assigns the Mortgage with

recording information that postdated the execution fate of said

assignment. This assignment document dated September 16, 2003,

was provided to us in an initial records request from the Cheri D.

Page 13: MOTION FOR SANCTIONS PURSUANT TO FLA. STAT. § …

Dickinson. A copy of said assignment is attached hereto and Marked

Exhibit “A”. The recording date of the Mortgage being assigned is

November 24, 2003. The execution date of the assignment is

September 16, 2003.” The docket does not include the interrogatories

only the Notice of Service. The interrogatories are attached as Exhibit

D8.

c) Motion to Amend Pleadings (Docket 93): “At the time of answering

the original complaint, the Defendant did not have all of the

information on the alleged Promissory Note and Mortgage attached to

the complaint. Subsequent to filing her answer she received discovery

production and information that requires modifications to her original

Answer to the complaint, including Affirmative Defenses and the

filing of Counter Claims for Fraud and Florida Unfair And

Deceptive Trade Practice Act”

Clearly, Gregory M. Wilson noticed that the Instant Foreclosure’s Exhibit A was

not the original Promissory Note!

4) On January 30, 2017, Gregory M. Wilson filed Cheri Dickinson Pre-

Trial Statement (Docket 96). He preceded the terms Promissory Note and

Mortgage with “alleged” in his description and he included the PAYMENT

LETTER TO BORROWER that echoes the 30 year term.

Page 14: MOTION FOR SANCTIONS PURSUANT TO FLA. STAT. § …

5) On April 10, 2017, opposing litigants filed Plaintiff’s Notice of

Voluntary Dismissal with Prejudice as to Defendant Cheri D. Dickinson (Docket

102). It is clear that opposing litigants didn’t want to deal with Gregory M.

Wilson’s issues concerning the alleged Promissory Note (Exhibit A).

6) On April 20, 2017, Richard A. Kalinoski Jr. (my new counsel) filed

another set of Admissions and Interrogatories (Docket 105). This included

(admission 11):

Admit that the August 20, 2003, promissory note executed by

Defendants contained a Section (3)(a) “Payments”, which included

payment terms requiring the Defendants to begin making monthly

payments on the subject loan on the first day of each month starting

on October 1, 2003, and if on September 1, 2033 should any

remaining amounts be due under the subject note, the Defendants

would pay the amounts in full on said date, called the “Maturity

Date”.

This clearly states the contents of the original note (in contrast to fraudulent

Exhibit A). Opposing counsel did not answer this admission claiming that they had

answered all of them that they are required to.

Page 15: MOTION FOR SANCTIONS PURSUANT TO FLA. STAT. § …

7) On June 21, 2017, my counsel filed my response to admissions

(Docket 120). This repeatedly contained responses of the following form:

The [mortgage and] promissory note attached to the complaint

contains alterations, which are significantly different than the

mortgage and promissory note presented at closing.

Variations of this sentence were included in the responses to admissions 14 times

(responses to admissions 1, 2, 4-12, 17, 23, and 24).

8) On May 11, 2018, my counsel filed DEFENDANTS’ RESPONSES

AND OBJECTIONS TO PLAINTIFF’S MAY 31, 2017 INTERROGATORIES

(Docket 133). This included the following:

a) In response to interrogatory 5:

Plaintiff has related information in its possession regarding its

actions in materially changing the terms of the note/mortgage, and

rejecting Defendants’ payments

b) In response to question 14:

Furthermore, the terms of the subject note attached to Plaintiff's

Complaint are fatally flawed, false, and altered by a 3rd party post

closing. The actual promissory note executed by Defendant on August

20, 2003, was initialed on every page therein, and was for a thirty-

10

Page 16: MOTION FOR SANCTIONS PURSUANT TO FLA. STAT. § …

year term. Additionally, the mortgage executed by the Defendant,

which is filed in the public records of Seminole County, Florida,

evidences a thirty-year term.

9) On June 1, 2018, I (Derek Dickinson) sent an email (Exhibit D3) to

opposing counsel (Brian Rosaler <[email protected]>) to be 100%

certain that they were aware that their promissory note (Exhibit A) was fraudulent.

It made no sense for them to continue the foreclosure action under the

circumstances. This was an attempt to begin settlement negotiations in earnest. At

this point opposing counsel had to be aware that Exhibit A was fraudulent.

10) On July 5, 2018, the same email with additional comments was

forwarded to opposing counsel once again (this time, Joseph Paxton

<[email protected]>). Also in Exhibit D3.

11) On August 30, 2018, my counsel at the time (Kalinoski) filed the

Verified Counterclaim Complaint (“Initial Counterclaim”, Docket 141). This was

due to the continued refusal of opposing counsel to address the facts of the case.

a) Paragraph 56 of the Initial Counterclaim included the statement:

such actions were in contravention to the actual evidence which

clearly reflected that the mortgage and 2003 note executed by

Defendant on August 20, 2003 included terms for a thirty (30) year

11

Page 17: MOTION FOR SANCTIONS PURSUANT TO FLA. STAT. § …

mortgage, and not a seven (7) year term as alleged by Plaintiff and its

agents.

b) Paragraph 57 of the Initial Counterclaim included the statement:

the Plaintiff acting through its agents/deceptively forged, and/or

altered the August 2003 note deceptively to support the litigation . . .

claiming that Defendants note had reached the contractual “Date of

Maturity”, and that the subject mortgage contained a seven (7) year

term as opposed to a thirty (30) year term

12) On September 10, 2018, opposing counsel filed Motion to Dismiss

and Incorporated Memorandum of Law (Docket 142). This document ignored the

fraudulence of Exhibit A despite the fact that this was described in the Initial

Counterclaim (and multiple times prior). This was the beginning of “Denial Fraud”

on the part of the opposing litigants:

a) Denial Fraud, INTRODUCTION (Page 2): “Borrower’s claims and

accusations are all predicated on factually unsubstantiated and legally

misguided theories that U.S. Bank lacks standing to foreclose.”

b) Denial Fraud, CONCLUSION (Page 15): “As such, dismissal with

prejudice is particularly appropriate in this case as there is absolutely

12

Page 18: MOTION FOR SANCTIONS PURSUANT TO FLA. STAT. § …

no set of facts that would entitle Borrower to the relief he seeks

against U.S. Bank.”

To be clear, opposing litigants repeatedly claim that no facts have been pleaded

despite the fact that the Initial Counterclaim had clearly stated that the terms of the

original promissory note did not match the one submitted to the court.

13) On February 11, 2019, I filed a Supplement to my counsel’s response

(Docket 149). This included a paragraph (LAY PERSON OBVIOUS) detailing

why it was obvious that Exhibit A was fraudulent (i.e. did not match Seminole

County records, no initials). This includes the statement:

... therefore the first two pages of “Exhibit A” are obvious frauds

14) On February 12, 2019 at the hearing on the Motion to Dismiss. I

stated that the promissory note was fraudulent. The Court did not get the

Supplement (Docket 149) since I had just filed it. At this point the Court graciously

informed me that I needed to submit material at least a week before a hearing.

15). On March 12, 2019, the Court signed an Order created by opposing

counsel granting the dismissal of the Initial Counterclaim. The order included the

Statement “including the response and supplemental response” assuring that

opposing counsel had reviewed the supplemental response. No specific deficiency

was mentioned in the Order for dismissal (Exhibit D10).

13

Page 19: MOTION FOR SANCTIONS PURSUANT TO FLA. STAT. § …

16) On March 13, 2019 I filed my first try at a counterclaim titled

“Amended Counterclaim” (Docket 151). This was inartful. I lacked the most basic

knowledge of how the law works. However, I clearly expressed the fact that

Exhibit A is fraudulent. The first count was titled FRAUDULENT PROMISSORY

NOTE. The paragraphs related to the count repeat the unassailable details that

establish the fraudulence of the note. In addition, I added Exhibit D1 which is the

copy of the note provided at closing. This also included Exhibit D4 that was a

computer screen grab of the Seminole County record showing that my note

matched the terms of the mortgage signed on August 20, 2003. Note: At this point

I was hoping to get (contingency) counsel. My efforts were necessarily split

between finding counsel and improving my legal skills. Excerpts:

a) From section 11 of UNREASONABLE BEHAVIOR: “It was made

clear to opposing counsel that their note is fraudulent several years

ago. I even took the extraordinary measure of emailing opposing.

counsel against my own lawyer’s advice to make it 100% clear to

them the situation. This email is Exhibit D3.”

b) From section 15 of LAY-PERSON OBVIOUS: “In addition, the terms

of the note presented do not match the terms of the mortgage that was

filed with Seminole County. Therefore, the first two pages of Exhibit

A of this suit are obvious frauds.”

14

Page 20: MOTION FOR SANCTIONS PURSUANT TO FLA. STAT. § …

C)

d)

f)

8)

From section 18 of WHY CALIBER IS THE WORST OFFENDER:

“By the time Caliber picked up this loan, it was obvious that the

lawsuit was based off a fraudulent note . . . Any lawyer that

understands the fraud in the note and continues to pursue the case is

committing a crime.”

From section 19 of FRAUDULENT PROMISSORY NOTE: “Caliber

has repeatedly ignored the fact that the promissory note is an obvious

fraud.”

From section 20 of FRAUDULENT PROMISSORY NOTE : “The

terms of the August 20, 2003 note (as shown in Exhibit D1) end on

September 1st, 2033 ... The plaintiff's Exhibit A is fraudulent.”

From section 21. of FRAUDULENT PROMISSORY NOTE: “Every

page at the August 20th, 2003 closing was initialed (including every

page of the 30 year amortization). The first two pages of fraudulent

Exhibit A are not.”

From section 23 of FRAUDULENT PROMISSORY NOTE: “but the

fraudulent note was likely signed over to Countrywide years later at a

time when Countrywide no longer existed.”

15

Page 21: MOTION FOR SANCTIONS PURSUANT TO FLA. STAT. § …

h) From section 23 of ATTEMPT TO DECEIVE THE COURT:

“paragraph 2 is an attempt to deceive the court. The impression is that

the mortgage recorded on September 5, 2003 is consistent with the

fraudulent note.”

i) This counterclaim also includes Exhibit D1 which is a correct copy of

the original note and Exhibit D4 which is a copy of the email detailing

the fraudulent note to opposing counsel.

In all, the fraudulence of Exhibit A was stated at least 10 times in the Amended

Counterclaim. The document was inartful, but the facts supporting the fraud were

clearly and repeatedly stated.

17) In response to my Amended Counterclaim, opposing counsel filed a

motion for extension of time (Docket 152) on March 14, 2019. This includes

paragraph 3 which states: “U.S Bank and the undersigned are investigating the

allegations” (emphasis added). Despite this statement, they completely ignored the

allegations.

18) On April 11, 2019, opposing counsel filed a new Motion to Dismiss

(Docket 153). This document contained both Note Fraud and Denial Fraud.

Specifically:

16

Page 22: MOTION FOR SANCTIONS PURSUANT TO FLA. STAT. § …

a) Note Fraud, FACTUAL BACKGROUND (paragraph 1, page 2): “The

maturity date set forth on the fact of the Note was September 1,

2010.”

b) Denial Fraud, ARGUMENT A (page 7): “Not only does Borrower’s

Amended Counterclaim fail to meet ordinary pleading requirements, it

does not come close to pleading sufficient ultimate facts,”

c) Denial Fraud, ARGUMENT A (page 7): “As such, where, like here, a

complaint merely states legal conclusions unsupported by ultimate

facts, dismissal of the action is proper.”

d) Denial Fraud, ARGUMENT A (page 7): “Here, Borrower’s Amended

Counterclaim is nonsensical and without comprehensive factual

allegations to support the alleged causes of action.”

e) Denial Fraud, ARGUMENT E (page 11): “U.S. Bank is unable to

determine what factual and legal allegations are being made against it.

Borrower’s Amended Counterclaim is so vague and ambiguous that it

fails to assert sufficient ultimate facts necessary for U.S. Bank to

adequately respond.”

Opposing counsel’s repeated allegation that the “facts” were insufficient was a

fraud on the court (Denial Fraud).

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19) On June 25, 2019, I filed my Response to Motion to Dismiss (Docket

155), this was an attempt to address everything in opposing counsel’s Motion to

Dismiss. Opposing counsel considers this an amendment. I do not, it included

proposed amended counts and fixes, but was not an amended counterclaim. At this

point, I was still hoping to get (contingency) counsel to bring the counterclaim up

to legal standards. However, I didn’t want this to take long. I proposed a count for

Violation of Florida Statute 713.31 in the belief that you must show an interest in

the debt to file an AOM (for the last two AOMs). I also proposed a count for

Violation of Florida Statute 817.535 (for numerous materially false statements). At

this point, I did not understand that these should be split into multiple counts.

However, I did diligently enumerate the details of each offense in a table. This

document repeatedly states that Exhibit A is fraudulent and that opposing counsel

is not in possession of the note. Examples:

a) Paragraph 28: “At some point the fraudulent note (Exhibit A) was

created”.

b) Paragraph 30: “Caliber presumably was acting based off the

fraudulent note presented in Exhibit A”

c) Paragraph 32: “To be 100% clear. The actual promissory note for the

mortgage has not been presented. Only a fraudulent one (Exhibit A).

Therefore no entity in the alleged chain of title can be shown to have

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d)

f)

8)

h)

j)

k)

possession of the note. No transaction that relied on having the

promissory note can be verified from the evidence.”

Paragraph 33: “The opposing party does not have a note (i.e. the

debt).”

Paragraph 39: “Clearly, any statement that depends on having a

promissory note is materially false” plus a table titled “What is

materially false” that contains various statements expressing the note

as fraudulent and that the opposing litigants do not possess the note (a

total of 21 times).

Paragraph 42: “Most violations in the Docket make the materially

false claim that the plaintiff is the holder of the note.”

Paragraph 47: “Exhibit A is an obvious fraud”

Paragraph 49: “My claim is based off the fraudulent promissory note”

Paragraph 70: “The maturity date of the note signed on August 20,

2003 was September 1, 2033.”

Paragraph 72: “Cannot be validated since we don’t have a note.”

Paragraph 73: “Cannot be validated since we don’t have a note”

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1) Paragraph 74: “presumably used the fraudulent note so this is

materially false.”

m) Paragraph 75: “The Lis Pendens was filed with no mortgage and a

fraudulent note.”

n) Paragraph 76: “Exhibit A is not the note. It is an obvious fraud.”

0) Paragraph 77: “Exhibit A is not the note. It is an obvious fraud.”

p) Paragraph 78: “T-2014 did not possess the note”

q) Paragraph 89: “was aware of the fraudulent promissory note”

The fact that Exhibit A was fraudulent or that the opposing litigants were not in

possession of the note was mentioned 38 times in this document.

20) On July 10, 2017, opposing counsel filed another Motion to Dismiss

(Docket 158) in response to my Response (Docket 155). Once again, opposing

counsel ignored the numerous statements of the fact Exhibit A is fraudulent and

thus they lacked standing (as stated 38 times in my response). The Motion to

Dismiss included four more instances of Denial Fraud:

a) Denial Fraud, ARGUMENT A (page 7): “Not only does Borrower’s

Second Amended Counterclaim fail to meet ordinary pleading

requirements, it does not come close to pleading sufficient ultimate

facts”

20

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b) Denial Fraud, ARGUMENT A (page 7): “As such, where, like here, a

complaint merely states legal conclusions unsupported by ultimate

facts, dismissal of the action is proper.”

c) Denial Fraud, ARGUMENT A (page 7): “Here, Borrower’s Second

Amended Counterclaim is without comprehensive factual allegations

to support the alleged causes of action.”

d) Denial Fraud, ARGUMENT A (page 7): “Borrower merely includes a

table in Count II referencing various documents and why they are

“materially false” but fails to provide any facts in support.”

21) On October 16, 2019, a hearing was held on prior pleadings (Ex Parte

notes are Docket 160). I was unaware of the procedure for making sure that a

hearing was transcribed. I called the courthouse and was informed that I could

bring a recording device (I was allowed to record the hearing). I stated at least five

times in this hearing that the promissory note was fraudulent (or that opposing

litigants were not in possession of the note). The Court granted the motion to

dismiss and granted 20 days to amend. This was the guaranteed result since the

document being ruled upon was written as a response to a motion to dismiss rather

than an amendment.

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22) On October 27, 2019, the order from the October 16 hearing came

through (Docket 162). The reason given is “failure to state a cause of action with

the requisite specificity.” The Court had implied that the Fla. Stat. § 713.31 cause

of action was not correct, but that was not reflected in this order.

23) On November 5, 2018, I filed COUNTERCLAIM 817.535 ONLY

(Docket 163). It contained the following statements:

a) Paragraph 26: “At some point the fraudulent note (Exhibit A) was

created.”

b) Paragraph 27: “The original promissory note is required for a valid

AOM. Since the whereabouts of the original promissory note can not

be ascertained, none of the AOMs can be verified”

c) Paragraph 28: “Trust-5 presumably was acting based off the

fraudulent note Ocwen presented in Exhibit A.”

d) Paragraph 29: “T-2014 presumably was acting based off the

fraudulent note presented in Exhibit A.”

e) Paragraph 31: “To be 100% clear, The actual promissory note for the

mortgage has not been presented. Only a fraudulent one (Exhibit A).”

f) Paragraph 32: “The opposing party does not have a note (i.e. the

debt). A mortgage is only useful to enforce a debt.”

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g) Paragraph 33: “The terms of the note and mortgage include a maturity

date of September 1, 2033.”

h) Section titled “FRAUDULENT PROMISSORY NOTE”.

i) Paragraph 37: “Opposing counsel has repeatedly ignored the fact that

the promissory note is an obvious fraud.”

j) For each count, the third paragraph quotes the materially false

statement that opposing litigants have included in their instruments.

These are paragraphs 61, 65, 69, 73, 77, 81, 85, 89, 93, 97, 101, 105,

109, 113, 117, 121, 125, and 129.

This counterclaim stated the fundamental fact supporting the counterclaim at least

27 times.

24) On November 12, 2019, opposing counsel filed a Motion to Dismiss

(Docket 164). This motion ignored the facts that were stated 27 times in

COUNTERCLAIM 817.535 ONLY and repeatedly made materially false

statements.

a) Denial Fraud, ARGUMENT A (page 7): “Not only does Borrower’s

Third Amended Counterclaim fail to meet ordinary pleading

requirements, it does not come close to pleading sufficient ultimate

facts”

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b) Denial Fraud, ARGUMENT A (page 7): “As such, where, like here, a

complaint merely states legal conclusions unsupported by ultimate

facts, dismissal of the action is proper.”

c) Denial Fraud, ARGUMENT A (page 8): “Here, Borrower’s Third

Amended Counterclaim once more is nonsensical and without

comprehensive factual allegations to support the alleged cause of

action”

25) On January 14, 2020, I filed Motion For Evidentiary Hearing on

Exhibit A (Docket 166). Since opposing litigants refused to acknowledge what had

been clearly and repeatedly stated, the thought was that they couldn’t ignore a

document that dealt exclusively with that issue. I included an affidavit in this

document stating “The terms of the note ended on September 1, 2033” and

presented evidence of Exhibit A’s fraudulence. Opposing counsel did not respond

to this motion. Additionally, the ORIGINAL MORTGAGE, Exhibit D1 (copy of

the original promissory note), and PAYMENT LETTER TO BORROWER were

included as exhibits in this pleading (adding three more times that opposing

counsel was made aware that Exhibit A is fraudulent).

26) On January 15, 2020, I filed my Response to Docket Item 164 Motion

to Dismiss (Docket 167). Quoting from this document:

24

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a) Paragraph 3: “Exhibit A is not the original promissory note.”

b) Paragraph 7 (a): “Exhibit A is fraudulent.”

c) Paragraph 11: “Exhibit A is fraudulent”

d) Paragraph 16: “Exhibit A did not exist on August 20, 2003. It was

created at some time afterwards.”

e) Paragraph 18: “There is no evidence that the original promissory note

was endorsed.”

f) Paragraph 19: “A valid promissory note has not been presented”

g) Paragraph 22: “Neither Trust-5 of T-2014 have ever been in

possession of the original note (four corners of the case)”

h) Paragraph 23: “Neither Trust-5 of T-2014 have ever been in

possession of the original note”

i) Paragraph 26: “Continuing this case despite overwhelming evidence

that they do not possess the note is why there is a counterclaim.”

j) Paragraph 53: “nothing in the case law supports assignment of

mortgage without being in possession of the debt (which has occurred

repeatedly in this case).”

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k) Paragraph 54: “ARGUMENTS C emphasizes the importance of the

note (which they do not possess)”

1) Paragraph 62: “there is no precedent supporting an assignment of

mortgage to an entity that does not possess the debt (which has

occurred at least twice in this case).”

m) Paragraph 173: “this supports dismissal on the grounds

original promissory note is not in evidence.”

n) Paragraph 182: “T-2014 did not have

initiated.”

0) Paragraph 191: “T-2014 did not have

initiated.”

p) Paragraph 263: “T-2014 did not have

initiated.”

q) Paragraph 272: “T-2014 did not have

initiated.”

r) Paragraph 290: “T-2014 did not have

initiated.”

s) Paragraph 309: “T-2014 did not have

initiated.”

26

standing when

standing when

standing when

standing when

standing when

standing when

the

the

the

the

the

the

that the

suit was

suit was

suit was

suit was

suit was

suit was

Page 32: MOTION FOR SANCTIONS PURSUANT TO FLA. STAT. § …

t) Paragraph 337: “T-2014 did not have standing when the suit was

initiated.”

u) Paragraph 346: “Opposing counsel clearly does not have a note.”

v) Paragraph 364: “The instant counterclaim clearly states that Exhibit A

is fraudulent”

w) Paragraph 383: “opposing litigants do not possess a note.”

x) Paragraph 474: “The facts relating to the fraudulence of Exhibit A are

clearly laid out in the instant counterclaim.”

y) Paragraph 541: “Without the original promissory note, the foreclosure

is going nowhere.”

This response added another 25 times to statements of Exhibit A’s fraudulence (or

equivalent fact).

27) On January 23, 2020, a hearing on opposing counsel’s Motion to

Dismiss was held. I have a copy of the transcript of this hearing in my possession.

From the hearing transcript (Exhibit D14):

a) Denial Fraud (Opposing counsel speaking), Page 4, lines 22-24:

“Here, his third-amended counterclaim doesn't provide any facts in

support”

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b)

d)

f)

Fraud Notification (I am speaking), Page 9, Lines 18-20: “Opposing

counsel is ignoring the obvious. Exhibit A is not the promissory note.”

Fraud Notification (I am speaking), Page 10, lines 18-23: “The whole

point is the county record disagrees with their note, so their note’s

bad. And so without a note, their whole argument falls apart. And the

reason for all the counts is that every time they say they have the note,

that’s materially false.”

Fraud Notification (I am speaking), Page 12, lines 3-7: “the fact is that

the note is — Exhibit A is not the promissory note. It’s not the original

note. It’s fraudulent and the fact is repeated over, and over, and over

again throughout this entire court case. They’ve been aware of this for

the longest time; yet, they still refuse to acknowledge it.”

Fraud Notification (I am speaking), Page 14, lines 12-14: “their whole

case is based off pretending that they have a note”

Other (the Court is speaking), Page 15, lines 2-9: “the Court finds that

there is prevailing case law in Harvey versus Deutsche Bank, 69

So.3d 300, as well as Altierre versus Federal National Mortgage

Association. Here we have a Westlaw cite, I think, 2013 Westlaw

6388521, Florida Statutes 817.535.” It appears that opposing counsel

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has confused the court into believing that one of these cases is related

to Florida Statute 817.535 when neither case addresses this cause of

action (this is addressed in detail in the STANDARD OF REVIEW

section of Docket item 184).

g) Fraud Notification (I am speaking), Page 16, lines 16-18: “the note

does not agree with the county record.”

This is an additional five times at the hearing that opposing counsel has been

informed of the fraudulent note and an additional time that they denied that the

facts were presented to them. It is also clear, that the Court has been deceived into

thinking that unrelated cases are relevant here.

28) On February 16, 2020, I filed the subject Motion for Leave to Amend

and proffered AMENDED COUNTERCLAIM 817.535 ONLY (“Instant

Counterclaim”) (Docket 173). Relevant statements:

a) Table of Contents: “ARGUMENT 1: TWO FRAUDULENT PAGES”

b) Table of Contents: “ARGUMENT 3: NOTE POSSESSION IS

MATERIALLY FALSE”

c) Table of Contents: “NO OWNERSHIP OF DEBT”

d) EXHIBITS: “Exhibit A — Fraudulent Note from foreclosure claim”

e) EXHIBITS: “Exhibit D3 — Email to Caliber revealing note fraud”

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f)

8)

h)

j)

k)

STATEMENT OF THE CASE AND FACTS, paragraph 1: “The

terms of the note and mortgage include a maturity date of September

1, 2033”

STATEMENT OF THE CASE AND FACTS, paragraph 2:

“Borrower has promised to pay this debt in regular Periodic Payments

and to pay the debt in full not later than SEPTEMBER 1, 2033”

STATEMENT OF THE CASE AND FACTS, paragraph 3: “The

monthly payments on the above referred to loan are to begin on

OCTOBER 1, 2003 and will continue monthly until SEPTEMBER 1,

2033”

STATEMENT OF THE CASE AND FACTS, paragraph 21 a):

“Exhibit A (attached) in which the first two pages (at a minimum) are

not from the original note.”

STATEMENT OF THE CASE AND FACTS, paragraph 21 c): “It is

unknown if Ruthann Sharpe endorsed the original note and the pages

were swapped later or whether she endorsed a fraudulent note.”

STATEMENT OF THE CASE AND FACTS, paragraph 21 g): “The

claim includes a CERTIFICATION OF POSSESSION PURSUANT

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TO FLA. STAT. 702.015(4) which is false. This is a violation of Fla.

Stat. § 702.015(4) (perjury)”

1) STATEMENT OF THE CASE AND FACTS, paragraph 22: “T-2014

has never been in possession of the original promissory note”

m) STATEMENT OF THE CASE AND FACTS, paragraph 24: “Neither

LSF9 or T-2014 has ever been in possession of the original

promissory note”

n) STATEMENT OF THE CASE AND FACTS, paragraph 25: “to make

100% certain that they were aware that their promissory note was

fraudulent”

0) SUMMARY OF THE ARGUMENTS, Argument 1, Two Fraudulent

Pages: “someone illegally created Exhibit A. At a minimum, the first

two pages of Exhibit A were swapped out from the original note.”

p) SUMMARY OF THE ARGUMENTS, Argument 3, Possession of the

Note is Materially False: “Since Exhibit A is clearly not the original

promissory note”

q) ARGUMENT 1: TWO FRAUDULENT PAGES, paragraph 1: “The

terms of the August 20, 2003 note end on September 1st, 2033.”

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r) ARGUMENT 1: TWO FRAUDULENT PAGES, later in paragraph 1:

“The plaintiff’?s Exhibit A is fraudulent.”

s) ARGUMENT 1: TWO FRAUDULENT PAGES, last paragraph: “Tf it

can be readily observed from the Seminole County record that the

promissory note is fraudulent, you haven’t done any verification.”

t) ARGUMENT 3: NOTE POSSESSION IS MATERIALLY FALSE,

paragraph 1: “Exhibit A is clearly not the original promissory note”

u) ARGUMENT 4: NO OWNERSHIP OF DEBT, paragraph 1: “Thus,

without a note, they have not shown an interest in the debt.”

v) ARGUMENT 5: LITIGANTS SHOULD HAVE KNOWN, paragraph

4: “The fraudulent note in Exhibit A”

w) ARGUMENT 5: LITIGANTS SHOULD HAVE KNOWN, second to

last paragraph: “You can’t unsee the obvious fraud in Exhibit A”

x) The “Element 3” paragraphs of each of the nineteen (19) counts state

an incidence of EQUIVALENT FACT that supports this

counterclaim.

Thus the Instant Counterclaim states facts supporting the claim at least (42) times.

29) On April 29, 2020, I filed Motion to Set Aside, Reply and Response

(Docket 184). This includes the TABLE OF FRAUD NOTIFICATIONS

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compilation and a detailed description of the prior fraud notifications. Suffice to

say that there are over 100 additional fraud notifications. There is no way to “miss”

the material facts at issue after reading Docket item 184.

30) On September 29, 2020, opposing counsel filed their latest Motion to

Dismiss (Docket 189). This is another display of fraudulence against the court.

This motion ignored the facts that were stated over 280 times prior and repeatedly

made materially false statements.

a)

b)

d)

Note Fraud, FACTUAL BACKGROUND (paragraph 1, page 2): “The

maturity date set forth on the fact of the Note was September I, 2010.”

Note Fraud, FACTUAL BACKGROUND (paragraph 3, page 2): “The

Note was endorsed in blank. Ex. A at pp. 3-4.” Exhibit A is not the

Note so endorsements are not relevant.

Note Fraud, FACTUAL BACKGROUND (paragraph 7, page 4):

“Wilmington Savings was the owner and had physical possession of

the original Note before the Complaint was filed” Exhibit A is not the

Note so neither Trust-5 or T-2014 have ever been in possession of the

original promissory Note (just the fraudulent Exhibit A).

Note Fraud, FACTUAL BACKGROUND (paragraph 8, page 4):

“Wilmington Savings annexed true and correct copies of the blank-

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endorsed Note and the Mortgage to the Complaint. See Foreclosure

Compl., Exs. A & B.”

e) Note Fraud, FACTUAL BACKGROUND (paragraph 9, page 4):

“Subsequently, the Note and Mortgage were transferred and assigned

to U.S. Bank”

f) Denial Fraud, ARGUMENT A (page 8): “Borrower indisputably fails

to state a cause of action under Florida’s fact-pleading standards.”

Opposing counsel ignores the clearly stated fact that Exhibit A is

fraudulent.

g) Denial Fraud, ARGUMENT A (page 8): “it does not come close to

pleading sufficient ultimate facts”

h) Denial Fraud, ARGUMENT A (page 9): “Counterclaim is without

comprehensive factual allegations”

The FACTUAL BACKGROUND section repeatedly makes the materially false

statement that their client has possession of the original promissory note (Note

Fraud). Then they ignore the clearly and repeatedly stated facts of the case and

claim that no facts have been stated. This is another clear violation of Fla. Stat. §

817.535(2)(a) and should result in another count in the Instant Counterclaim.

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HOPING THE COURT ONLY READS HIS SIDE?

Samsing’s “Denial Fraud” approach is confusing. How could he expect to

get away with this? My guess is that he’s hoping that the Court will only read his

side. I’m sure reading sloppy pro se court documents can be painful. If the Court

reads only his side, they will be unaware of the irrefutable facts showing the

fraudulence of Exhibit A. This is why Samsing doesn’t mention that these facts

exist. Attorney Samsing’s approach has the potential to bring embarrassment to an

inattentive Court.

TABLE OF FRAUD NOTIFICATIONS

The following table enumerates notifications with regards to Exhibit A’s

fraudulence (or equivalent). These are the columns in the table:

Docket — The docket number.

Description — A description of the document (& originator).

# in Doc — The number of notifications in the document.

Total — Total number of notifications.

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Docket Description Docs | # in Doc | Total

93 |Motion to Amend (Wilson) 1 1 1

105 |Admission number 11 (Kalinoski) 2 1 2

120 |Response to Admissions (Kalinoski) 3 14 16

133. |Response to Interrogatories (Kalinoski) 4 2 18

- First email (Dickinson) 5 1 19

- Second email (Dickinson) 6 1 20

141 ~=‘|Initial Counterclaim (Kalinoski) 7 2 22

149 |Supplement (Dickinson) 8 1 23

- Hearing on February 12, 2019, I stated that 8 1 24

Exhibit A was fraudulent.

151 |Amended Counterclaim (Dickinson) 9 10 34

155 _|Response to Motion to dismiss (Dickinson) 10 38 72

- October 16, 2019 Hearing (Dickinson) 10 5 77

163 |Counterclaim 817.535 Only (Dickinson) 11 27 104

166 |Motion for Evidentiary Hearing (Dickinson) 12 4 108

167 |Response in Opposition (Dickinson) 13 25 133

- Hearing Transcript (Dickinson) 14 5 138

173 | Instant Counterclaim (Dickinson) 15 42 180

184 |Motion to Set Aside (Dickinson) 16 100+ | 280+

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TABLE OF DENIAL FRAUDS

The following table enumerates the number of times opposing counsel

committed Denial Fraud on the court by claiming that no facts were claimed in the

counterclaim. These are the columns:

Docket — The docket number.

Description — A description of the document.

# in Doc — The number of denials in the document.

Total — Total number of denials.

817.535 Only

Docket Description Docs | #in Doc] Total

142 |Motion to Dismiss initial counterclaim 1 2

153 |Motion to Dismiss my first counterclaim 2 6

158 |Motion to Dismiss my Response 3 10

(counterclaim?)

164 |Motion to Dismiss Counterclaim 817.535 4 3 13

Only

- Hearing 14

189 |Motion to Dismiss Amended Counterclaim 5 3 17

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SUMMARY OF THE ARGUMENTS

Argument 1: Note Fraud violates Fla. Stat. § 57.105(1)(a): The material

facts clearly show that the Opposing Litigants have never had standing. As

described in the EQUIVALENT FACTS section, the fraudulent maturity date in

Exhibit A proves the lack of standing. Without standing, the Instant Foreclosure is

frivolous.

Argument 2: Denial Fraud is an Attempt to Deceive the Court: Attorney

Samsing’s repeated misstatement of material facts is another fraud on the court.

His malfeasance has resulted in substantial delays and put the court at risk for

embarrassment. There is reason to believe that these actions are contrary to the

interests of his client.

Argument 3: Ten years to address the facts: The factual evidence of the

Original and Altered Mortgage has been in the Seminole County Record since

2003. Opposing litigants should have addressed the inconsistencies in their

paperwork before filing the Instant Foreclosure. This very issue has been brought

up hundreds of times prior. The repeated failure to address these facts is a tacit

admission that they cannot contrive an explanation that would show standing.

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STANDARD OF REVIEW

The evidence that opposing litigants have knowingly pursued fraud on the

court is overwhelming. Case law shows that this is grounds for sanctions that

include dismissal:

The requisite fraud on the court occurs where "it can be demonstrated,

clearly and convincingly, that a party has sentiently set in motion

some unconscionable scheme calculated to interfere with the judicial

system's ability impartially to adjudicate a matter by improperly

influencing the trier of fact or unfairly hampering the presentation of

the opposing party's claim or defense." Cox v. Burke, 706 So. 2d 43,

46 (Fla. Dist. Ct. App. 1998)

As clearly spelled out in the STATEMENT OF FACTS and summarized in the

TABLE OF FRAUD NOTIFICATIONS and TABLE OF FRAUD DENIALS, the

opposing litigants are aware of the fraudulence of Exhibit A. Furthermore, the fact

that the “otherwise identical” second page of Exhibit A lacks initials, proves that

an. intent to deceive began very early in the process.

It should be noted that Exhibit A of the initial complaint is inadmissible

hearsay since there is a notable exception to the business records exception Fla.

Stat § 90.803(6)(a): “unless the sources of information or other circumstances

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show lack of trustworthiness”. Clearly, the fact that the terms of Exhibit A do not

match the terms of the other closing documents evidences a “lack of

trustworthiness”.

The CERTIFICATE OF POSSESSION TO FLA. STAT. 702.015(4) (signed

by Donealia Wilson) merely references the location of Exhibit A but fails to

address the details of how it came to exist. The original Note would have to

traverse a path from Closing to BBV to Countrywide to BOA to Ocwen/Trust-5 to

Ocwen/T-2014. This situation is similar to Floyd v. Bank of Am., N.A., 194 So. 3d

1071, 1075 (Fla. Dist. Ct. App. 2016) Glarum v. LaSalle Bank Nat'l Ass'n, 83

So.3d 780, 782-83 (Fla. 4th DCA 2011) (finding that an affidavit of a loan

servicing specialist was inadmissible hearsay because the specialist did not know

who entered the data that he relied on, whether the computer entries were accurate

when made, or how incorporated data from the prior loan servicer was derived).

No evidence was presented that Donealia Wilson has any knowledge of any

company other than Ocwen. Opposing litigants do not possess an admissible

promissory note and they are fully aware of this fact.

If opposing counsel were competent, they would abandon this frivolous suit

and put together a suit based off Bartram v. U.S. Bank Nat'l Ass'n, 211 So. 3d

1009 (Fla. 2016) or, better yet, negotiate a settlement in good faith.

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ARGUMENTS

ARGUMENT 1: NOTE FRAUD VIOLATES FLA. STAT. § 57.105

Fla. Stat. § 57.105(1) clearly states that “the court shall award a reasonable

attorney’s fee” if a claim “Was not supported by the material facts necessary to

establish the claim” (Fla. Stat. § 57.105(1)(a)). The material facts clearly show that

the Opposing Litigants have never had standing. The fraudulent maturity date in

Exhibit A makes this conclusion inescapable. The Instant Foreclosure is frivolous

without standing.

More significantly, this is grounds for dismissal of the Instant foreclosure:

“Trial courts have the inherent authority to dismiss an action as a sanction when it

learns that a plaintiff has perpetrated a fraud on the court.” Wenwei Sun v. Aviles,

53 So. 3d 1075, 1076 (Fla. Dist. Ct. App. 2011) (citing Morgan v. Campbell, 816

So.2d 251, 253 (Fla. 2d DCA 2002).

And more recently: “The trial court awarded the sanctions because

Appellants and their counsel persisted in asserting a defense that they knew or

should have known was not supported by facts or law.” Roberts v. PNC Bank,

N.A., 263 So. 3d 119 (Fla. Dist. Ct. App. 2018).

There is no doubt that this unconscionable scheme by the opposing litigants

is sentiently designed to deceive the Court.

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ARGUMENT 2: SAMSING’S DENIAL FRAUD

Technically, Note Fraud and Denial Fraud are both frauds on the Court.

However, they may differ with regards to intent. Since the relationship between

counsel and client is opaque, Samsing’s client may not be aware of the fraudulence

of Exhibit A. However, it is guaranteed that Samsing knows that his actions are

both illegal and could result in embarrassment to his client and the Court. Despite

over 280 clear notifications as outlined in the TABLE OF FRAUD

NOTIFICATIONS, Samsing persists in his attempts at deceit.

Citing Moakley v. Smallwood, 826 So. 2d 221, 224 (Fla. 2002) “In Pittman,

this Court approved an award of fees against an attorney, where the trial court

found that the attorney had unnecessarily conducted foreclosure proceedings on a

mortgage for the sole purpose of increasing his fee and that the attorney was

acting in his own self-interest”. Opposing counsel “wins” (i.e. they can bill more

hours) the longer that litigation continues even though it is clear that their client

will lose. If opposing counsel is not accurately describing the facts of this case to

their client, they are responsible for the delays and costs to everyone else involved

(me, the client, and the Court).

To be clear, it is certain that Samsing is trying to deceive the Court. If this

deceit extends to his client, the sole responsibility for the recent delays are due to

the malfeasance of Samsing.

42

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ARGUMENT 3: TEN YEARS TO ADDRESS THE FACTS

It is a fact that the Original Mortgage I signed on August 20, 2003 has a

maturity date of September 1, 2033. This was in the Seminole County Record

years before the Instant Foreclosure was initiated. Yet, this fact has not been

explained, addressed, or acknowledged in almost five years of preparing their

Instant Foreclosure and over five years of subsequent litigation.

It is a fact that the PAYMENT LETTER TO BORROWER evidences a

maturity date of September 1, 2033. Opposing counsel provided this in

PLAINTIFF’S RESPONSE TO DEFENDANTS’ REQUEST FOR

PRODUCTION (Docket 28) on October 12, 2015, This was over five years ago.

Yet, opposing counsel has still not addressed, explained, or even acknowledged

this fact.

It is a fact that the copy of the Original Note given to me at closing

evidences a maturity date of September 1, 2033 (Exhibit D1). I made each of my

counsels’ aware of my copy of the note before hiring them, but I’m uncertain at

what point they made opposing counsel aware. However, I included Exhibit D1 in

my first attempt at a counterclaim (Docket 151) on March 13, 2019. Exhibit D1

proves unequivocally that Exhibit A is not the original promissory note. Opposing

counsel knows that their case is frivolous and illegal yet have persisted for years at

a significant cost for everyone involved (me, their client, and the taxpayers).

43

Page 49: MOTION FOR SANCTIONS PURSUANT TO FLA. STAT. § …

CONCLUSION

There should be consequences to litigants intentionally and repeatedly lying

to the Court. The opposing litigants have known that they are trying to pass

fraudulent documents off for a long time. A reasonable person would have

voluntarily dismissed this suit long ago. Continuing the suit is damaging to me

personally, damaging to the Court, and a felony violation of the law. If opposing

counsel were competent, they would have withdrawn the suit and begun

negotiations based off the threat of a suit based off Bartram v. U.S. Bank Nat'l

Ass'n, 211 So. 3d 1009 (Fla. 2016).

/s/ Derek Douglas Dickinson Derek Douglas Dickinson

Email: (derek @dickinsonfl.com) 6697 Sylvan Woods Drive, Sanford,

FL 32771

Telephone: 407-417-2308

CERTIFICATE OF SERVICE

I, HEREBY CERTIFY that on this 7" day of January 2021, a true and

correct copy of the foregoing was electronically filed and served via the FL Courts

eFiling Portal. Furthermore, a copy was served upon the following email address:

[email protected]

[email protected]

[email protected]

/s/ Derek Douglas Dickinson Derek Douglas Dickinson

44

Page 50: MOTION FOR SANCTIONS PURSUANT TO FLA. STAT. § …

APPENDIX: CITED CASES

This appendix is not required reading. It is provided as a quick reference

regarding how the cited cases ruled. There is a danger that a statement taken out of context from an opinion is in contrast to the practice of law, thus looking at the

entire thrust of a ruling is a good practice. This section addresses each cited case in

order of the importance of the court and reverse chronology (thus, more important opinions should appear earlier). The courts are ordered:

(a) The Florida Supreme Court: The highest authority in Florida.

Clearly, these rulings are binding to the Eighteenth Judicial Circuit

(i.e. this case).

(b)The Florida Fifth District Court of Appeal: These rulings are binding to this case.

(c)The Other Florida District Courts of Appeal: These rulings are non-binding, but these courts specialize in Florida law and are usually

relevant.

(d) Federal District Courts in Florida: These rulings are non-binding

on State Court and these courts only deal with Florida law when

jurisdiction requires. Additionally, these rulings do not generally define federal law.

45

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THE FLORIDA SUPREME COURT

BARTRAM 2016

Full Case Name: Bartram v. U.S. Bank Nat'l Ass'n, 211 So. 3d 1009 (Fla. 2016)

Mentioned in STANDARD OF REVIEW and CONCLUSION: This case

shows the way that opposing counsel should be pursuing this case (as opposed

to the deceitful approach they have chosen).

Bottom Line: If a legitimate lender pursues an erroneous foreclosure, they can

clean up their paperwork and try again. That is what the opposing litigants

should be doing.

Ruling Concerns: The statute of limitations and the right to reinstate a mortgage.

More generally, does the right to reinstate language allow for a new default to

be declared if a prior acceleration/foreclosure attempt had failed.

Ruling:

(a) The Florida Supreme Court: Ruled that the right to reinstate allows

for new defaults to be declared as long as they occur within five years

of the new foreclosure action.

(b) The Florida Fifth District Court of Appeal: Reversed trial court allowing a new default/foreclosure action to proceed.

(c) Trial Court: Note and Mortgage canceled due to prior failed foreclosure attempt (in a Quiet Title Action by borrower).

The Big Picture: The Bank failed in their prior foreclosure due to procedural

errors (failed to appear). As is usually the case, the Court is loathe to allow

procedural issues to override justice. The ruling is somewhat of a compromise.

It bars collection of payment outside the five year window, but allows collection

of subsequent payments.

Effect on Motion for Sanctions: This case is not directly relevant to the Motion

for Sanctions. It is mentioned to point out that opposing litigants had legal

means to proceed if they legitimately possess the debt (which has not been

shown).

46

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MOAKLEY 2002

Full Case Name: Moakley v. Smallwood, 826 So. 2d 221, 224 (Fla. 2002)

Cited in ARGUMENTS 2: “In Pittman, this Court approved an award of fees

against an attorney, where the trial court found that the attorney had

unnecessarily conducted foreclosure proceedings on a mortgage for the sole

purpose of increasing his fee and that the attorney was acting in his own self-

interest”

Bottom Line: The court punishes counsel that intentionally makes life difficult for

opposing litigants.

Ruling Concerns: The authority of a trial court to assess attorneys’ fees as a

sanction against an attorney for bad faith conduct. The peculiar thing about the

case was that the bad faith conduct did not neatly fit into an existing statute, rule, or contract. Sanctions were issued for an unnecessary subpoena with

unreasonable timing.

Ruling:

(a) The Florida Supreme Court: Affirmed

(b) The Florida Third District Court of Appeal: Affirmed

(c) Trial Court: Awarded attorneys’ fees.

The Big Picture: This case is one of numerous examples of cases where bad faith behavior can be sanctioned. It’s interesting in that they are also affirming that

the court can award sanctions even if the bad faith behaviors are not expressly provided for by statute, rule, or contract.

Effect on Motion for Sanctions: This case clearly supports sanctions against

opposing counsel.

47

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PITTMAN 1920

Full Case Name: United States Sav. Bank v. Pittman, 86 So. 567, 572 (Fla. 1920)

Cited in ARGUMENTS 2: “In Pittman, this Court approved an award of fees

against an attorney, where the trial court found that the attorney had

unnecessarily conducted foreclosure proceedings on a mortgage for the sole

purpose of increasing his fee and that the attorney was acting in his own self-

interest”

Bottom Line: The court punishes counsel that intentionally delays proceedings to

the detriment of the Court, opposing litigants, and oftentimes their client. This

citation made me realize that the Banks are not necessarily supporting the actions of their counsel.

Ruling Concerns: The authority of a trial court to assess attorneys’ fees as a

sanction against an attorney for bad faith conduct that does not fit into a specific Statute, rule, or contract.

The Big Picture: Unfortunately, I was unable to find this case text (searched on

multiple platforms). However, this case is frequently cited and clearly established law that is in use today. It is clear from the citation that any bad

faith conduct is subject to sanctions.

Effect on Motion for Sanctions: This case clearly supports sanctions against

opposing counsel.

48

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THE FLORIDA FIFTH DISTRICT COURT OF APPEAL

ROBERTS 2018

Full Case Name: Roberts v. PNC Bank, N.A., 263 So. 3d 119 (Fla. Dist. Ct. App.

2018)

Cited in ARGUMENT 1: “The trial court awarded the sanctions because

Appellants and their counsel persisted in asserting a defense that they knew or

should have known was not supported by facts or law.”

Bottom Line: Fabricating evidence that conflicts with the material facts of the case and refusing to remove it will eventually result in sanctions.

Ruling Concerns: A foreclosure suit where the defendant claimed that the debt

had already been paid with fabricated evidence.

Ruling:

(a) The Florida Fifth District Court of Appeal: Affirmed the sanctions.

(b) Trial Court: Sanctioned for claiming that debt had been paid without

any supporting evidence.

The Big Picture: Similar to the Instant Foreclosure, the sanctioned litigants presented fabricated evidence that was directly in conflict with the material

facts of the case. Also similar to the Instant Foreclosure, opposing litigants have

had ample opportunity to correct their errors.

Effect on Motion for Sanctions: This case clearly shows that the opposing litigants should be sanctioned for fraud on the Court.

FLOYD 2016

Full Case Name: Floyd v. Bank of Am., N.A., 194 So. 3d 1071, 1075 (Fla. Dist. Ct.

App. 2016)

Cited in STANDARD OF REVIEW: “finding that an affidavit of a loan

servicing specialist was inadmissible hearsay because the specialist did not

know who entered the data that he relied on, whether the computer entries were

accurate when made, or how incorporated data from the prior loan servicer was

derived”

Bottom Line: Getting someone without specific knowledge of the processing of a business record to sign an affidavit is insufficient with regards to the business records exception to hearsay (Rule 90.803(6)(a)).

49

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Ruling Concerns: A foreclosure suit with indorsement issues on the promissory

note.

Ruling:

(a) The Florida Fifth District Court of Appeal: Remand for further proceedings.

(b) Trial Court: Summary judgment of foreclosure.

The Big Picture: BOA filed a foreclosure with a copy of the original promissory note that lacked an indorsement. Later, they filed another copy of the original

promissory note (now endorsed in blank) with an affidavit of validity. Clearly, the indorsement occurred after the suit was initiated so the evidence does not show standing when the suit was initiated.

Effect on Motion for Sanctions: This case clearly shows that an affidavit does not

necessarily make a promissory note admissible. It is not directly concerned with the fraud on the Court or associated sanctions, but makes it clear that the

material facts at issue in the counterclaim are legitimate. This clearly

demonstrates why opposing litigants are trying to hide the facts.

WENWEI SUN 2011

Full Case Name: Wenwei Sun v. Aviles, 53 So. 3d 1075, 1076 (Fla. Dist. Ct. App.

2011)

Cited in ARGUMENT 1: “Trial courts have the inherent authority to dismiss an action as a sanction when it learns that a plaintiff has perpetrated a fraud on the court.”

Bottom Line: The court has the authority to dismiss a case as a sanction if fraud

has been perpetrated.

Ruling Concerns: Personal injury action.

Ruling:

(a) The Florida Fifth District Court of Appeal: Affirmed.

(b) The Trial Court: Dismissed case as a sanction.

The Big Picture: Plaintiff’s repeatedly lied over a span of six years with regards to

the significance of an injury. The case was dismissed as a sanction. This differs somewhat from the Instant Foreclosure in that the contention is that the Plaintiff’s counsel was unaware of the deceit (i.e. the deceit was solely on the part of the client).

Effect on Motion for Sanctions: This supports dismissing the Instant Foreclosure

as a Sanction for the fraud perpetrated upon the Court.

50

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COX 1998

Full Case Name: Cox v. Burke, 706 So. 2d 43, 46 (Fla. Dist. Ct. App. 1998)

Cited in STANDARD OF REVIEW: The full paragraph citation clearly

describes the conditions that define a fraud upon the court.

Bottom Line: Repeatedly lying to the Court and/or hiding evidence will eventually

result in dismissal.

Ruling Concerns: A medical malpractice claim resulting from a slip and fall.

Ruling:

(a) The Florida Fifth District Court of Appeal: Affirmed.

(b) Trial Court: Dismissed with prejudice.

The Big Picture: Edna Cox apparently was injured in the slip and fall, but she

repeatedly lied about so many things that it wasn’t possible to assess the level of

damage. Obviously, repeatedly lying to the Court can result in dismissal even if

it’s possible that the underlying conditions have merit.

Effect on Motion for Sanctions: The behavior of the Opposing Litigants is arguably far worse than that of Edna Cox. Edna does not have a law degree and years of expertise. Opposing litigants are much more liable for their actions. This ruling clearly supports dismissing the Instant Foreclosure as a sanction.

ol

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OTHER FLORIDA DISTRICT COURTS OF APPEAL

The remaining cases are not binding on this court. Of course, all the Florida

DCAs are experts in Florida state law and all the statutes addressed in this case are at the state level. These rulings should be consistent with the result in most

circumstances.

GLARUM 2011

Full Case Name: Glarum v. LaSalle Bank Nat'l Ass'n, 83 So.3d 780, 782-83 (Fla.

4th DCA 2011)

Cited in STANDARD OF REVIEW: “finding that an affidavit of a loan

servicing specialist was inadmissible hearsay because the specialist did not

know who entered the data that he relied on, whether the computer entries were

accurate when made, or how incorporated data from the prior loan servicer was

derived”

Bottom Line: Someone without specific knowledge of the business records involved does not necessarily qualify under 90.803(6)(a).

Ruling Concerns: A foreclosure suit with issues regarding amount owed.

Ruling:

(a) The Florida Fourth District Court of Appeal: Reversed and remand

for further proceedings on both the summary judgment and sanctions.

(b) Trial Court: Summary judgment of foreclosure and sanctions against defendants’ counsel.

The Big Picture: LaSalle filed a foreclosure and presented evidence concerning

the amount owed without real knowledge of how the business records were

maintained.

Effect on Motion for Sanctions: This case clearly shows that a business record does not necessarily make evidence admissible. It is not directly concerned with

the fraud. on the Court or associated sanctions, but makes it clear that the

material facts at issue in the counterclaim are legitimate. Thus, this clearly

demonstrates why opposing litigants are trying to hide the facts.

32

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HARVEY 2011

Full Case Name: Harvey v. Deutsche Bank Nat'l Trust Co., 69 So. 2D 300, 304

(Fla. 4th DCA 2011)

Mentioned in STATEMENT OF FACTS: This case is referenced as a basis for a

prior counterclaim dismissal. This is evidence that opposing litigants’ deception

of the Court has been somewhat successful.

Bottom Line: This ruling shows that (unlike the note) the mortgage could be

assigned after the foreclosure is initiated (in areas that the Florida Fourth

District Court of Appeal is binding). Extending this ruling to state that mortgage

assignments cannot be challenged on any basis is questionable. It has no

relevance to a case where the promissory note was materially modified.

Ruling Concerns: Foreclosure. Lost Note.

Ruling :

(a) The Florida Fourth District Court of Appeal: Affirmed.

(b) The Trial Court: Judgment of foreclosure.

The Big Picture: A vague suspicion about signatures can be stated almost

anywhere. It is rightly disparaged. However, assigning a mortgage when neither

entity is in possession of the debt is a different matter.

Effect on Motion for Sanctions: Mentioning this irrelevant case is evidence that

opposing litigants fraudulent behavior has been somewhat successful. For reasons discussed in STANDARD OF REVIEW of docket item 184 (MOTION

TO SET ASIDE) this case is not relevant to the Instant Counterclaim.

MORGAN 2002

Full Case Name: Morgan v. Campbell, 816 So.2d 251, 253 (Fla. 2d DCA 2002)

Cited in ARGUMENT 1: “Trial courts have the inherent authority to dismiss an

action as a sanction when it learns that a plaintiff has perpetrated a fraud on the court.”

Bottom Line: The court has the authority to dismiss a case as a sanction if fraud has been perpetrated.

Ruling Concerns: Personal injury action.

Ruling:

(a) The Florida Second District Court of Appeal: Affirmed.

(b) The Trial Court: Final judgment in favor of defendants as a sanction.

D3

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The Big Picture: Plaintiff covered up some of her prior injuries in a personal

injury suit (described as half-truths). The false testimony resulted in dismissal as a result of sanctions. In the Instant Foreclosure, opposing litigants are

covering up the material facts that unequivocally show that Exhibit A is not the

original promissory note. Some of their statements are outright lies (i.e. the

maturity date of the original note).

Effect on Motion for Sanctions: This supports dismissing the Instant Foreclosure

as a Sanction for the fraud perpetrated upon the Court.

FEDERAL DISTRICT COURTS

These courts rule on Florida law due to jurisdictional issues, but are not

binding to the instant cases. Federal District Courts don’t generally publish cases.

These decisions have the least weight of any of the cited courts in this case.

ALTIER 2013

Full Case Name: Altier v. Fed. Nat’! Mortg. Ass’n , No. 1:13-cv-164-MW/GRJ,

2013 WL 6388521, at *3 (N.D. Fla. Dec. 6, 2013)

Mentioned in STATEMENT OF FACTS: This case name is incorrectly spelled

in the transcript, but it is referenced as a basis for a prior counterclaim

dismissal. This is evidence that opposing litigants’ deception of the Court has been somewhat successful.

Bottom Line: The citation from a non-binding court does not establish any

procedures of law. Additionally, this case is not relevant to the Instant

Counterclaim.

Ruling Concerns: Quiet Title to strip a mortgage.

Ruling:

(a) The Federal Northern District Florida: Motion to dismiss granted.

(b) Trial Court: Dismissed.

The Big Picture: This is a fishing expedition by a borrower trying to find defects in their mortgage. The statement that no facts are plead is accurate for this case.

Effect on Motion for Sanctions: The case itself is not relevant to the Motion for

Sanctions, however, the fact and way that the case was referenced in the subject

hearing of Exhibit D14 shows that opposing counsel is having success with

their attempts at deceit. The irrelevance of this case to the Instant Counterclaim

is described at length in the STANDARD OF REVIEW section of Docket Item

184 (MOTION TO SET ASIDE).

D4

Page 60: MOTION FOR SANCTIONS PURSUANT TO FLA. STAT. § …

Exhibit A

The following six pages are a copy of Exhibit A.

These were extracted from pages 6-11 of the original complaint.

Docket item 2, filed on June 17, 2015.

Page 61: MOTION FOR SANCTIONS PURSUANT TO FLA. STAT. § …

Se CINE MOORE RARE eae creae Res AR fame MER cea Aeneid page aka meg ages

BALLOON NOTE (FIXED RATED Loan Number 01-28651

THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE. THE LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. YOU WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU MAY OWN, OR YOU WILL HAVE TO FIND A LENDER, WHICH MAY BE THE LENDER YOU HAVE THIS LOAN WITH, WILLING TO LEND YOU THE MONEY. IF YOU REFINANCE THIS LOAN AT MATURITY, ¥OU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDER.

AUGUST 20, 2003 OVERLAND PARK . KANSAS [Date] [chy [State]

6687 SYLVAN WOODS DR, SANFORD, FLORIDA Sa77i1 [Property Address]

1, BORROWER'S PROMISE TO PAY In return for a loan that I have received, | protitise to pay U.S.$ 322,000-00 this amount

is called "Principal", plus interest, to the order of the Lender. The Lender i ANK OF BLUE VALLBY twill make all payriertts under this Note in the form of cash, check or money order.

T understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is.entitled to receive payments under this. Note. is called the “Note: Holder-" ©. -

Interest will be charged on unpaid principal until the full amount of Principal has. been paid. Iwill pay interest at a yearly tate of 4.750%.

‘The tnterest. rate required by Section 2 is the rate I will pay both before and after any defantt described in Section 6(B) of dis Mote.

3. PAYMENTS (A) Titee and Place of Payments I will pay principal and interest. by making a payment every month. I will make my imouthly payments on the atday of each month beginning on OCTOBER: 1 :

2003 . Iwill make these payments every month until | have paid all of the principal and interest and any other charges described below that [may owe under this Note, Hach monthly payment will be applied as of its scheduled due date and will be applied. to interest. before Principal. U,on SEPTEMBER 1 ‘ 20109 ,T still owe amounts under ihls Note, 1 will pay those amounts in full on that date, whieh is called the "Maturity Date.”

I will make my monthly payments at 7900 COLLEGE BOULEVARD, OVERLAND PARK, KANSAS 662.10

(B) Aniount of Monthly Payments My monthly payments will be ia the amount of U.S. 81,679.70

or at a different place if required by the Note Holder.

4. BORROWER'S RIGHT TO PREPAY [have the right to make payments of Principal at any time before they are due. A payment of Priucipal only

is mown as a “Prepayment.” When ] make a Prepayment, 1 will tell the Note Holder in writing that | am doing so. I may not designate a payment as a Prepayment if] have not made all the monthly payments due under the Note,

Imay make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note, However, the Note Holder may apply ow Prenavment to ihe accrued and wupaid interest on the Prepayment amount before applying ‘my

IDIFIED INSTRUMENT ll Form 3290 1/01 —> ACE

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Page 62: MOTION FOR SANCTIONS PURSUANT TO FLA. STAT. § …

0532002130

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Propayment to réducé the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date dr in the amount of my monthly payment unless the Note Holder agrees in writing to those chatipes.

3. LOAN CHARGES Ifa law, which applica to this loan and which sets maximum toan charges, is finally interpreted so that the interest or other lean charges collected of to be culleered in connection with this Ioan exceed the permitted limits, then: (a) any such loan charge: shall be reduced by the amount necessary to reduce the charge

to the permitted limit; and (b) any sum already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to aiake this refund by reducing the Pringipal I owe under this Note or by making a direct payment to me. Ifa refimd reduces Principal, the xeduction will be treated as a pattial Prepayrient,

6. BORROWER’S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overduc Payments Ii the Nofe Holder has not received the fill amount of ay monthly payment by the end of 15

calendar days after the date it is due, 1 will pry a late charge to. the Note Halder. The amount of the charge will be 6.000 % of my overdue payment of principal and interest, I will pay this late charge promptly but only once on éach late payment, (8) Defanit If 1 do not pay the fill amount of each monthly payment. on the date it is due, J will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if Pde. not pay the overdue amount by a certain date, the Note Holder may require me to pay intmediately the full amount of Principal which has not been paid and all the interest that T owe on that amount. That date tmust be at least 30 days after the date on which the notice js mailed to toe or delivered by other means. (D) No Waiver By Noie Holder

- Even if, at a time when: | am in default, the Note Halder’ does riot require me to pay immediately in full as destribed above, the Note Holder will still have the right to do so if 1 am in default at a later time. (E) Payment: of Note Holder’s Costs and Expenses Ifthe Note Holder has rermired me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its eosts and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys’ feos,

7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me unter this Note will be given by delivering it or by mailing it by first Glass mail 10 me at the Property Addzess above or at a different address if I give the Note Uolder a notice of roy different address. Any notice thet must be given to the Note Holder under this Note will be given by delivering itor by

mailing it by first class mail.to.the Note Holder at the address Stated in Section 3(A) above or at a different address if] am given a notice of that different address,

8 OBLIGATIONS OF PERSONS UNDER ‘THIS NoTE If more than one person signs this Note, each person is filly and personally obligated to keep all of thie promises made in this Note, including the promise to pay the full amount owed. Any person who is 4 guarantor, surety or endorser of this Note is also obligated to do these ihings. Any person who takes over these obligations, including the obligations of a guarantor, surety of endorser of the Note, is also oblizated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of ug together. This means that anyone of us may be required to pay all of the amounis owed under this Note, ,

9. WAIVERS Cand any other person who has obligations under this Note waive the rights of Presentinent and Notive

of Dishonor. "Presentuent" means the rights to require the Note Holder to demand payment of amounts due. “Notice of Dishonor" means the right to requite the Note Holder to give notice to other persons that amounts due have not been paid.

MULTISTATE BALLOON NOTE (Fixed Raie)-Slugle Famlly-Preadie Mas MODIEIED INSTRUMENT” Dacumont Systems, Ine, (800) 349-1362 Page 2 of 3 Form 3290 1/01

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10. UNIFORM SECURED NOTE This Note is a uniform instrament with limited variations in some jurisdictions. In addition to the

protections given to the Note Holder undér this Note, a Mortgage, Deed of Trust, or Security Deed (the "Seourity Instrument"), dated the same date as this Note, protects the Note Holder from possible losses. which might result if Ido not keep the promises whtich I make in dts Note, That Security Instrument descrites how and under what conditions ] may be required to make immediate payment in full of all amount I owe under the Note. Some of thosé conditlons are described as follows:

‘Transfer of the Property or a Beneficial Interest in Borrower, If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) whthow Lender's prior written consent, Lender may require ittunediate payment in fell of ail sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law,

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PAY TO THE ORDER OF ZO

WITHOUT RECOURSE COUNTRYWIDE HOME LOANS, ING.

on yl Joi AgsigTANT SECRETARY

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Us3202 fers

Tre ne EE a a ne mca ag ans eye eee LE Met Oe SHEA oe ecere re nner met ene - “4 whet ede cam arte ae a

Loan Number 01-28651

’ BALLOON NOTE ADDENDUM (CONDITIONAL RIGHT TO REFINANCE)

WIS BALLGON NOTE ADDENDUM Is made this 20th day of AUGUST, 2002 : ond is Incorpotmed into and ala} be deemed to amend anc supplenient the Balloon Note made

by the undesigned (the*Gartower™) in fiver of BANK OF BLUE VALLEY, A KANSAS BANKING CORPORATION fie “lerder’) ul dated the sarie date as this Addendant (the "New"), The interest Rate stated on she Note is enlled ihe *Nore Rate.” Thy data of che Note js called the. "Note ute."

I (the Borrower) understand fhe Lenler may transfer the Note, the related Mortgage, Weed of Trust,

oy Deed to Secure Dobt (the ‘Sucurity Instrument") and this Addendum. The Lender or anyone whip takes the Nofe, Ssenrity Insinurient and this Addendum by wansfir and whe is eniiled to teceive payments under the Mote laccallsd-the “Noto Holder,”

ADDITIONAL COVENANTS. In addition to the cavenanis and, agreements In the Security Instrament, Borrower and Lender, Turther covennet and apree as Tollews (despiie anything to the contrary cemutned in the Seeurify listrampnt or the Note):

I. CONPITIONAL RIGHT TO REFINANCE

At tie. maturliy dete of the Note and Security Inslrument (ihe "Note Maturiiy Bate*), I will be able to ebiains & new Jonni (“Now Loan") with a new Maturity Date of SEPTEMBER 1 2033 , tthe "New Momuriey Date’) and with ap iiterest rate ecual to die “Nisy Loan Rate? determined In accordance wilh Sestion 3 below if all the conditiona erevided ta Soedens 2 and 5 below are met dhe "Casdional Refinance Option") MW thtise estulions dre not mel, | undersiand that the Netw Holder is under no obligation W-refinance the Note, ar ta maillfy ihe Note, reset the Norte Bale, or extend inc Note Maturlly Date, and thar I wil] have to cepay oho Note ftom my owalsesciurdées oF Find a katder willing ia lend me the money fo. repay the Note.

2. CONDITIONS TO. OPTION APT wanl to exercise the Candidonst Retinanes Opting, certain conditions must be met af. of the Nove

Mituriy Daw. These cdniitions are: i) 1 must sell be dhe owner and occupant of the property subject to . the Sscuriry instrument (the “Property”); (by Loiust. be cureent. in my monthiy_payments and euwsinct have Deed iy pe yi more than 30 days Isto on ony of the 12 selodsied monly payment immediaely receding the Note Maturity Dale; (e} there aré no liens, defects, ar ancumbrances against the Property: oruther adverse matters affacting fille io ihe Properiy (except for-toses and spectil assessmenty not yet dite and payable} arising after whe, Semurty inscrunien, was recorded: (d) the New Loan Bing cannok be more than 3 percentage points above die Note Rate; avd (e} L dvuet mole 2 written toquest 19 the Ntite Bolder as provided_in Seeilon $ below,

3% CALCULATING THE LOAN NOTE RATE

The New Lonn Rue will be a fixed! mpe cot Unterestoaqual ci: the Federal Home Loum Mortgage Corporuion's required net yiel{ for 30-year fined male mortgages subject io n 60-day mandatory delivery Soruetitment, plus otl-half of due percent (0.3%), rounded Jo the nearest one-vighth of one percon] 0.125%} (the "New Loan Rare"). ‘The secjuled fer viold shall bo the applicable net yield In effect on the due und dime. of day ist the Now Halder receives norles of ioyelecilon to exercise the Condidonal Refieatee Oden, if

this required net yleld is shot available, the Mowe Bolder will determing the Nes Lean Rate by axing. comparable “info nputlort,

* TALCULATING THR NEW PAYMENT AMOUNT

Provided the New Loan Reale as geleulated in Section 3 above is nat greater than 5 percemagm: points

sbove the Kite Rete wel all ather conditiens cequied In Section 2 above ure sarisfied, the Moi Holder wilt Heormine whe amiun ofthe monilily payricst tsa sylll be sufficient ao repay in full (a) de unpaid principal,

MULTISTATE BALLOON. NOTE ADDENDUM (eGuinsep-Single Panily-Proldio Mav UNIFORM INSTRUMEN? Hemet Symes; Woe GU) H602382 Page bof 2 Pom 3392 141

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anim iyeieine TE Sasancanimiem se 8 oo mine a natalie ee ete ment ont nmenttapanene |

“plas (b) aecrsed but unphid inveredt, plus (ey all ofher Samy Iwill owe Under the Note ane Seeurity Insirement on tie Nore Maturicy Date (assiuhing mycnoittly paymoita den are current, ag required whclér Section 2 above), over the term of the New Logn m the Now'Lonn Rate inegual monthly poymens, The rgadt of this caleulation will be the amount of My new prinigal and interest. payment every month. voiil the New Loan is filly paid,

3, JSOERCISING. THE CONDITIONAL RBRINANCE OPTION The Nolte Holder will notliy me at leagt 40 valendar days in udvanee of the Note Maturily Date aad advise me ofthe principal, accrued bot unpaid Jaterest, atd all otier dures Tan expected to owe on the Note Maturity Date. The Nore Holder alse will advise me shui L may exercise the Conditfond Refinance Option. ifthe conditions fu Seetion 2 above are met, The Note Holder will provide my payment record tnfonmatlon, together with the name, Atle and address of the person representing the: Note Holdur that Tamnst podity ja. order 40 exercisa the Condittonal Refinanes Opin: Ul Trmeet the conditfons af Seétion 2 above, t may: exercise the Conilitional Refinance Dptldn ‘by nwdifving the Note Holder no caslter then 60 calendar days aid no later thas 43 calendar days ptior le the Note Maturity Dat. ‘The Nor Holder willsuteulata the feed Rew Lon Rate based upon the Rederal Homi Lou. Morignge Corporntien's applicable published tequired net Weld in offeer gn the date and tims, of day notification ‘ia received Dy the Now Holder and as olbdlaied in Section 3 above, JF will then have 30 cditddar days i provide the Note Holder with acsepuible proof of my required ownerbip, ovoupsney and propeny lies statue. Bofare die Note Maunicy Date ihe Neie Holder witt allvise we of the new interest rere (he New Loan Rate}. new monthly peyatent amount and a dete, Heme aad place et witich 1 met apipeni to sign any documaniy fequired to comple the required refinancing. [ understand. the Note Holder will charge me a S780 protossing feo and the cosis assockited with the: exergige ‘of the Conditional Refinatiee Option, tieluding out sot Siniked to the cost of updating the ide tnsurance “poliny.

BY SIGNING BELOW, Borrower accapt) and agites lo the terms and covenants continued by this Balloon Hote Addendum,

DEREK DOUGLAS PICKINSON -Borawar CHERT Dy DICKINGON Borrower

“ {Seal} : {Seal) ~Borrawer ~Boriwer

_~ (Seat) . (Sexly ~Borrawar: “Borrower

[Sign Original Gniy}

. MUCHSTATIC BALIOOT NOTE ADDRNDTN Pehnausaplnels EumiiyPeddie Mac URINDRM BETRUMENE Goeusiged Spain foe. (A A GR Faye 2.09 Puleen 3202 [706

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Exhibit B

Altered Mortgage

The following is page 12 from the initial foreclosure complaint (Docket 2).

The foreclosure complaint incorrectly identifies this as Book 4995, Page

1426 from Seminole County Records.

It is actually Book 5109, Page 1911.

It is file number 2003209539, filed on November 24, 2003.

The execution date of the original note and mortgage had passed.

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so ESCM RA fT! pea Ponte nmi wre gym to tee wel

BK OF PG i426 pe ; 1S 8 Odd 1 Tos This Ircarument Prepared By: Catgets Chee _aces OMAURIOD fOuacae AA Rack WT RO Tae 1, 1

DATE TAK G4. 00

ei tk

WROVAHNE NRTGE, CLERK OF CIRCUIT COUT SeHOLE GOUT Y BK O0109 PES LSi1+1929 CLERM'S # AiOseOs3ag PREC Mpeea teazrelt mm

Atha Fa RG YE Ora a

ee ats tar ane oe - Hipaes Aleyyn Thik Lieu Fer Aneordata Batak

MORTGAGE

DERANITHONS

Preqdg wed Gn nealtliple aecidons of thik doce ane defined bebew and oftor monde one defloed in Seertome 3, 10. 13, BB, dfkond 2, tlecon robes peng Ae ke OE wert ed i hd ment ane alae pee kied Io Secrdoe 14.

ta) “Secrky estrone! peat hie 1, which ba Llidked AUGUST 20, 2093 beget

widths al] lider 1 Ubdie deepen, 7 {h) “Bomower" is DRRER DOL DICE THEOs AND CHEAT Oo, DICKINSON,

- - HUSBAND. ABD WiFE - .

Baler Uy tien cropped weacer Ubls Getcdority Preertice?

) "keakeis BANK OF BLUE VALLEY

Lents EANSAS DANKING CORPORATION ovpainatE wid Hing uber he lee ot RASS : Leode's tetis 2500 COLLEGE BOULEVARE,. OVERLAST? PARK, RARGAS 66210

Denier 3 ee Mops: Weer tei Sevaar ity POulronotis, 00) “Arpte" runins Che preomsory mote aligned by Goritewer muda AUGUST 20° 2003

The Wott $a hid Borie ov Linker THREE HONORED TWENTY-THO THOTISAND AND oo/atd Dolls (15.5322, 000.00 } phe dene. Borrower Bes premised eo pewy feed deb id tees Paddle Peymeces to a0 pany abe bene ine fa, roe UE jem SEPTEMBER 2, Ja0baE 2018 nD. CDE CED ogee’ meee line prereset thay de ‘Selaw angler ihe begin “Cruehes of Blnghte tn che Jager ~ CF) "Lea" incanc ihe debd evidenced hy the Agnes, plas ier, kay [Eye Cheangts Bod ian Churges due unedor Ie Wits. and afl eoetu act under ible Setierley Leskritosent, phat descoti,

THES TS BRIM TE-RECOEDED TO CORRECT THE MATURTIY DATE RHICE SHLD

HEAD AY SEPTEMBER 3, 2010;

torte tess: LAL?

FLORib a Shay ti jEcie elfen Key nar 18.1 UMN Booties tl wane serait rie ad id wren, pierce pric doar

ack ary

EXHIBIT "B” re

Aaek Si AaPanedo1? CPA

Beseription: Seminoles, Fb Bocumest - Sook,Page Si09.1911 Page: 1 of 13

drder, DYFL402-FL-1504314 Comaeot:

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Exhibit D1

The following three pages is a copy of the original note.

This was given to me on August 20th, 2003 and has been in my possession

ever since.

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Us32901. not

BALLOON NOTE (FIXED RATE) Loan Number 01-28651

THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE. THE LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. YOU WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU MAY OWN, OR YOU WILL HAVE TO FIND A LENDER, WHICH MAY BE THE LENDER YOU HAVE THIS LOAN WITH, WILLING TO LEND YOU THE MONEY. IF YOU REFINANCE THIS LOAN AT MATURITY, YGU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDER.

AUGUST 20, 2003 OVERLAND PARK . KANSAS [Date] [City] [State]

6687 SYLVAN WOODS DR, SANFORD, FLORIDA 32771 [Property Address]

1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S.$ 322,000.00 (this amount

is called "Principal"), plus interest, to the order of the Lender. The Lender is BANK OF - BLUE

VALLEY T will make all payments under this Note in the form of cash, check or money order.

I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by

transfer and who is entitled to receive payments under this Note is called the “Note Holder."

2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. 1 will pay

interest at a yearly rate of 4.750%.

The interest rate required by Section 2 is the rate I will pay both before and after any default described

in Section 6(B) of this Note.

3. PAYMENTS

{A} Time and Place of Payments

I will pay principal and interest by making a payment every month.

I will make my monthly payments on the 1stiay of each month beginning on OCTOBER 1 :

2003 . J will make these payments every month until I have paid all of the principal and interest and any other charges described below that | may owe under this Note. Each monthly payment will be applied as of

its scheduled due date and will be applied to interest before Principal. If,on SEPTEMBER 1 2033 ,I still owe.amounts under this Note, I will pay those amounts in full on that date, which is called

the “Maturity Date.”

L.will make my.monthly payments at 7900 COLLEGE BOULEVARD, OVERLAND PARK,

KANSAS 66210 or at a different place if required by the Note Holder.

(B) Amount. of Monthly Payments My monthly payments will be in the amount of U.S.$1,679.70

4. BORROWER’S RIGHT TO PREPAY ] have the right to make payments of Principal at any time before they are due. A payment of Principal only

is known as a “Prepayment.” When I make a Prepayment, I will tell the Note Holder in writing that I am doing so.

I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Noite.

I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder

will use my Prepayments to reduce the amount of Principal that 1 owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount before applying my

MULTISTATE BALLOON NOTE (Fixed Rate)--Single Family--Freddie Mac MODIFIED INSTRUMENT

Document Sysiema, Ine, (B00) 6441362 Page | of 3 Form 3290 (A!

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Us32902 nat

Prepayment to reduce the Principal amount of the Note. If] make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes.

5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that

the interest or other loan charges collected or to be collected in connection with this loan exceed the

permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge

te the permitted limit; and (b) any sum already collected from me which exceeded permitted limits will be

refunded to me. The Note Holder may choose to make this refund by reducing the Principai 1 owe under this

Note or by making a direct payment to me. Ifa refund reduces Principal, the reduction will be treated as a partial Prepayment.

6. BORROWER’S FAILURE FO PAY AS REQUIRED (A) Late Charges for Overdue Payments

If the Note Holder has not received the full amount of any monthly payment by the end of 15

calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge

will be 6.000 % of my overdue payment of principal and interest. I wil] pay this late charge promptly but only once on each late payment.

(B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. {C) Notice of Default

If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of

Principal which has not been paid and ail the interest that I owe on that amount. That date must be at-ieast 30 days after the date on which the notice is mailed to me or delivered by other means.

{(D) No Waiver By Note Holder

Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will stijl have the right to do so if 1 am in default at a later time.

(E) Payment of Note Holder’s Costs and Expenses

If the Note Holder has required me to pay immediately in full as described above, the Note Holder will

have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys’ fees.

7. GYVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note

will be given by delivering it or by-mailing it by first class mail to me at the Property Address above or at a

different address if] give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by

mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if] am given a notice of that different address.

8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the

promises made in this Note, including the promise to pay the full amount owed, Any person who is a

guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over

these obligations, including the obligations of a guarantor, surety or endorser of the Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against

each person individually or against all of us together. This means that anyone of us may be required to pay all 6f.the amounts owed under this Note.

9. WAIVERS land any other person who has obligations under this Note waive the rights of Presentment and Notice

of Dishonor. “Presentment” means the rights to require the Note Holder to demand payment of amounts due.

"Notice of Dishonor” means the right to require the Note Holder to give notice to other persons that amounts due have not been paid.

MULTISTATE BALLOON NOTE (Fixed Rate}--Single Family--Freddie Mac MODIFIED INSTRUMENT

Document Systems, lnc. (800) 649-1362 Page 2 of 3 Form 3290 1/01

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Us32903 a0

10. UNIFORM SECURED NOTE

This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the “Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which

might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under

the Note. Some of those conditions are described as follows:

Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender’s prior written consent, Lender

may require immediate payment in full of all sums secured by this Security Instrument. However,

this option shal] not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice

shall provide a period of not less than 30 days from the date the notice is given in accordance with

Section 15 within which Borrower must pay all sums secured by this Security Instrument. If

Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any

remedies permitted by this Security Instrument without further notice or demand on Borrower.

WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED,

(Seal) (Seal)

DEREK DOUGLAS DICKINSON . -Borrower CHERI D. DICKINSON -Borrower

(Seal) (Seal) -Borrower -Borrower

Seal} (Seal)

-Borrower -Borrower

PAY TO THE ORDER OF: {Sign Original Only]

COUNTRYWIDE DOCUMENT CUSTODY SERVICES, A DIVISION OF TREASURY BANK, N.A. WITHOUT RECOURSE

BANK OF BLUE VALLEY, A KANSAS BANKING CORPORATION

BY: GINNY SNOUPFRE

ITS: VICE PRESIDENT

MULTISTATE BALLOON NOTE (Fixed Rate}--Single Family--Freddie Mac MODIFIED INSTRUMENT

Document Systems, Inc, (800) 649-1362 Page 3 of 3 Form 3290 1/0)

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Exhibit D3

The following two pages are a printout of two emails sent to counsel for

Caliber on June 1, 2018 and July 5, 2019.

This was printed directly from my gmail account.

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2/10/2019 Gmail - A change of strategy is in order on Seminole County Case 2015-CA-001454

mM Gmail Derek Dickinson <[email protected]>

A change of strategy is in order on Seminole County Case 2015-CA-001454 2 messages

Derek Dickinson <[email protected]> Fri, Jun 1, 2018 at 10:59 AM To: Brian Rosaler <[email protected]>

Gc: RAKATLAW <[email protected]> Bcc:

Hello Brian,

This is Derek Dickinson. The defendant in Seminole County Case 2015-CA-001454. This email is despite

the objection of my counsel. My counsel is CC'd. You can respond with “Reply All” if you’d like. No reply is

required.

You handle a large caseload. It is easy to overlook things. Most foreclosure cases follow a standard

template. My case is the worst case you have ever had. A different strategy is needed.

My counterciaim is worth more than the Saccameno case. That one cost the Bank $3.5 million.

In Saccameno, there was a good note. Ocwen’s note is a fraud.

US Bank can’t win:

- Every page at closing was initialized. The note in Exhibit A was not.

* | presented a copy of the unaltered note as evidence. It has the correct terms; unlike the note in

Exhibit A.

» The mortgage recorded on August 20th, 2003 is in the county record. The terms match my note; not

the fraudulent note.

* | was present at closing and will testify that the Ocwen note does not match the note | signed.

Every page is initialed in a closing. The flaw in “Exhibit A” is gross negligence at a minimum.

imagine explaining fo the jury that the most important pages in the entire closing were the only ones that were not initialed: embarrassing.

Your client lost the Saccameno case with a good note.

The Bank Caused the Hardship

In the Saccameno case, the bank did not cause the initial financial distress. The bank handled

Saccameno’s distress poorly and it cost them. In my case, the bank breached the contract and forced me inte default. The bank caused my distress; much worse.

Pretending doesn’t give you Standing

Possession of a fraudulent note does not imply standing. Furthermore, the term “standard business practices” does not apply to my mortgage. Even by Countrywide’s standards, my loan was handled strangely. You have to prove that the initial investor did not write off my laan. No one seems to know who the initial investor was.

Fortunately for you, you have another option

https://mail.google.com/miail/u/0?ik=8e2cc8d794&view=pt&search=all&permthid=thread-a%3Ammiai-r34890090586799160786:si... 1/2

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2/10/2019 Gmail - A change of strategy is in order on Seminole County Case 2015-CA-001454

US Bank was defrauded by Ocwen. Your best strategy is to get Ocwen to pay. Imagine the fraudulent note working for you rather than against you.

At present, you can claim that you were busy and did not notice these problems. However, the window of plausible deniability is limited.

Best Regards,

Derek

P.S. Rich Kalinoski noticed the missing initials within a few minutes of reviewing the case. Two other lawyers independently said “that’s crazy” and “that’s fraud” when this was pointed out.

View nny profile on

Linked {3

My Site On Github

Derek Dickinson <[email protected]> Thu, Ju! 5, 2018 at 3:48 PM Te: [email protected] Ce: RAKATLAW <[email protected]> Bcc:

Hello Joseph,

Below is a forward of my email to your partner Brian. | think itis self-explanatory.

With regards to the TPP document that was sent to me, it doesn't make sense:

1. Send the bank money. 2. They will send me a mysterious contract that | must sign.

Even if the suit did not include a fraudulent note, It would be crazy to send U.S. Bank money just to see the contract. You should mention to U.S. Bank that sending that TPP leaves yOu open to being embarrassed in court. Attempting to trick the victim (er. defendant) is clearly a sign of bad faith.

Of caurse, i'm happy to discuss terms of a settlement. However, you are going to have to pay. The fraud is obvious. You don't need to be a lawyer see it.

Regards,

Derek

View my nttile on | Linked Yl

My Site On Github

[Quoted text hidden]

https://mail.google .com/mail/u/0?ik=8e2cc8d 794 &view=pt&search=all&permthid=thread-a%3Ammiai-r34890090586799160786si... 2/2

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Exhibit D6

Original Mortgage

The following page is a certified copy of the first page of the mortgage.

I got a copy from Seminole County Records.

This is Book 4995, Page 1426.

It is file number 2003156455, filed on September 5, 2003.

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Vee tO: pea niig. NC. o> WEST LAKE MARY BLVD.4£.

HARYANNE MORSE, CLEAK OF CIRCUIT COURT 008 WES UARY. FLS2746

BENINOLE COUNTY eu .

BK 064995 eG 1426 fe . . CLERK'S # 2002 This instrument Prepared Brsearpets Cheer RECORDED 09/05/2003 101088 an eR aX, tf Prue Val ey MTB DOC TAX 1, 127.00 iaas er

pol 64.00 RECORDING FEES 47.00 DEL ana KS. UUs RECORDED BY J Eckenreth pes Rent Oe 703- QO9s,

TALLEY ULEVARD KANSAS 66210

01-28651

VESGELUE amie

a

p Above This Line For Racording Daral

MORTGAGE

DEFINITIONS

Words used in multiple sections of this document are defined below and other words are defined in Sections 3,11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are alsa provided in Section 16,

(A) "Security Instrument" means this document, which is dated AUGUST 20, 2003 , logether with all Riders to this document. (B) "Borrower" is DEREK DOUGLAS DICKINSON AND CHERT D. DICKINSON, HUSBAND AND WIFE

Borrower is the mortgagor under this Security Instrument. (C) “Lender"is BANK OF BLUE VALLEY

Lender isa KANSAS BANKING CORPORATION organized and existing under the laws af KANSAS . Lender's address is 7900 COLLEGE BOULEVARD, OVERLAND PARK, KANSAS 66210 Lender is the mortgagee under this Security Instrument. (DB) "Note" means the promissory note signed by Borrower and dated. AUGUST 20 » 2003 The Note states that Borrower owes Lender THREE HUNDRED TWENTY-TWO THOUSAND AND o0/100 Dollars (U5. $322,009.00 ) plus interest, Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not iater than SEPTEMBER 1, 2033 . (E) "Property" means the property that is described below under the heading “Transfer of Rights in the Property." {F) "Loan" means the det evidenced by the Note, plus interesi, any prepayment charges and late charges duc under the Note, and alE sums due under this Security Instrument, plus interest.

Borrower Initiats: DY Y _CDe

FLORIDA--Single Family--Fannia Mae/Fraddia Mac UNIFORM INSTRUMENT DocMagic Guin soos 1362 Form 3010:.1/01 Page 1 of 14 Www. o@ crtregie. cont

A

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Exhibit D7

PAYMENT LETTER TO BORROWER The following page is extracted from Cheri Dickinson’s Pre-Trial Statement

(docket item 96, page 45).

This was supplied by opposing counsel to Cheri Dickinson’s counsel in discovery.

This page was part of the original closing documents signed on August 20th, 2003 by both me and Cheri Dickinson.

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Henne ee ee ae

eo @ :

PAYMENT LETTER TO BORROWER

FROM: BANK OF BLUE VALLEY -7900 COLLEGE BOULEVARD ‘OVERLAND PARK, KANSAS, 66210 (877) 338-2001

RE: Loan No: 01-28651 Property Addreas: 6687 SYLVAN WOODS DR, SANFORD, FLORIDA 322771

TO: ‘DBREK DOUGLAS DICKINSON, CHERIT D. DICKINSON ‘6687 SYLVAN WOODS DR , ‘SANFORD, FLORIDA 32771

Dear Borrower:

The monthly payments on the above referred to loan are to begin on OCTOBER 3, 2003 , and will concnue

monthiy until SEPTEMBER 1, 2033

Your monthly payment will consist of the following:

PRINCIPAL AND INTEREST $_ 1,679, 70. MMI/PMI INSURANCE —_—_______. RESERVE FOR TAXES —_— RESERVE FOR INSURANCE RESERVE FOR FLOOD INSURANCE

TOTAL MONTHLY PAYMENTS $1,872.70

You are to make your payments to:

OF BLUE VALLEY a 30 g 8 Lane Ee BOULEVARD

PARK, KANSAS 66210 CEeay S38 - TOOL

Any correspondence, or calls, in reference to your loan, please refer 10 the above loan nuraber,

Copy received and acknowledged,

2-20-03 Jb Lat tbe DEREK DOUGLAS DICKINSON

CLD 2 CHERI D. DICKINSON

Date:

PAYMENT LETTER TO BORROWER DocMagic CFOS 800.643-1362 www, docmagic.com

PaymentJsr

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Exhibit D8

Wilson Interrogatories

The following page is extracted from Cheri Dickinson’s “Notice of Service of

First Set of Interrogatories to Plaintiff’ (Docket item 92, page 3).

The counsel for my former wife realized that the altered mortgage wasn’t

created until after the execution date of the original note and mortgage.

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“EXHIBIT A”

Explain, in detail, how the assignment of Defendants’ alleged Mortgage from Bank of

Blue Valley, dated September 16, 2003, assigns the Mortgage with recording information

that postdated the execution fate of said assignment. This assignment document dated

September 16, 2003, was provided to us in an initial records request from the Cheri D.

Dickinson. A copy of said assignment is attached hereto and Marked Exhibit “A”. The

recording date of the Mortgage being assigned is November 24, 2003. The execution date

of the assignment is September 16, 2003.

Page 3 of 5

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Exhibit D10

The following two pages are the March 12, 2019 order dismissing the

original counterclaim from my former counsel (Docket 141). Opposing

litigants incorrectly claim that this order identifies the reason for the

dismissal (‘failed to plead with requisite specificity’’).

The order fails to identify the specific deficiency in the counterclaim.

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IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR SEMINOLE COUNTY, FLORIDA

U.S. BANK TRUST, N.A. Case No. 2015-CA-001454-H-W AS TRUSTEE FOR LSF9 MASTER PARTICIPATION TRUST,

Plaintiff,

Vv.

DEREK DOUGLAS DICKENSON, et al.

Defendants.

DEREK DOUGLAS DICKINSON,

Counterclaim Plaintiff

Vv.

U.S. BANK TRUST, N.A. AS TRUSTEE FOR LSF9 MASTER PARTICIPATION TRUST,

Counterclaim Defendant.

THIS CAUSE came be re the Court on the 12" day of February 2019 on the Motion to

orpe ‘ated Memorandum of Law (the “Motion to Dismiss”) filed on behalf of

ter-Defendant, U.S. BANK TRUST, N.A. AS TRUSTEE FOR LSF9 MASTER

ARTIC >ATION TRUST (“U.S. Bank”), including the response and supplemental response

thereto of Defendant / Counter-Plaintiff, DEREK DOUGLAS DICKINSON (“Defendant”), and

the Court, having heard argument from the parties, reviewed the Motion to Dismiss, and being

otherwise fully advised in the premises,

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IT IS ORDERED AND ADJUDGED THAT:

1. U.S. Bank’s Motion to Dismiss is granted; bo Defendant’s Counterclaim is dismissed without prejudice; and

3. Defendant shall have thirty (30) days from the date of the hearing, i.¢., until

March 14, 2019, in which to amend if he so desires.

DONE AND ORDERED in Chambers at Sanford, Seminole County, Florida on this

AL aay of March 2019.

SWE vi

JUDGE SUSAN STACY

CIRCUIT JUDGE

Copies to:

E. Tyler Samsing ([email protected])

Derek Dickinson (derek3277 gmail.com)

2

4819-0503-8472. 1

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Exhibit D14

The following pages are the transcript from the January 23, 2020 hearing.

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IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT, IN AND FOR SEMINOLE. COUNTY, FLORIDA

CASE NUMBER: 59-2015-CA-1454-H-W

U.S. BANK TRUST, N.A. AS TRUSTEE FOR LSF9 MASTER PARTICIPATION

TRUST,

,*

Us Plaintiff/ Ze Counterclaim Defendant, my v. ws ud DEREK DOUGLAS DICKINSON, et al.

gi: & Defendants / W O# Counterclaim Plaintiff.

be Q) 3 Sanford, Florida

U January 23, 2020

1:34 p.m.

TRANSCRIPT FROM PROCEEDINGS

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APPEARANCES:

E. TYLER SAMSING, ESQUIRE

Bradley Arant Boult Cummings LLP 100 North Tampa Street Suite 2200 Tampa, Florida 33602

Appearing on behalf of the Plaintiff/ Counterclaim Defendant.

MR. DEREK DICKINSON

Appearing Pro Se.

CERTIFICATE OF REPORTER

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TRANSCRIPT FROM PROCEEDINGS held

before the Honorable Susan Stacy on

Thursday, January 23, 2020, beginning

at 1:34 p.m., at the Seminole County

Courthouse, 301 North Park Avenue,

Courtroom "H", Sanford, Florida, and

reported by Vicky L. Barwick, Court

Reporter and Notary Public, State of

Florida at Large.

MR. SAMSING: Good afternoon, your Honor.

Tyler Samsing on behalf of U.S. Bank.

MR. DICKINSON: Derek Dickinson, pro se.

THE COURT: We are here on Case Number 2015-

CA-1454. This is Wilmington Trust National

Association versus Derek Douglas Dickinson.

If I could have your appearances, please?

MR. SAMSING: Tyler Samsing on behalf of the

Plaintiff.

MR. DICKINSON: Derek Dickinson on behalf of

myself.

THE COURT: Thank you. All right. We're

here on the motion to dismiss. The Court did

review the materials that were provided and the

court file, so you may proceed.

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MR. SAMSING: Thank you, Judge.

THE COURT: This is 15 minutes, so it's 7.5

minutes each. And I'm sorry to have to keep you

to that, but we do have other hearings today.

MR. SAMSING: I will do my best.

So, Judge, this initial counterclaim was

filed in August of 2018. The Defendant first

amended that counterclaim in March. We moved to

dismiss. And the Court dismissed it and gave him

leave to amend, after which time, he again filed

his second amended counterclaim in June of last

year.

Again, we moved to dismiss. The Court gave

him leave to amend, determined that he hadn't pled

sufficiently yet again.

And here we area now on his third-amended

counterclaim that was filed in November of last

year. And, again, we're moving to dismiss. This

is now the fourth attempt of Mr. Dickinson to

state a cause of action.

And, unfortunately, it's still legally

insufficient and he has failed to do so. Here,

his third-amended counterclaim doesn't provide any

facts in support and contains a rambling preamble

unrelated to any other causes of action. Due to

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the vague nature, we're just unsure how to even

address the allegations and respond to the

complaint.

In the packet that I provided the Court and,

likewise to Mr. Dickinson, I provided a case,

Dragash vs. Fannie Mae, which was an 1ith Circuit

case from 2017. That's Tab 4 in the binder, which

is a case very similar to what we have here.

There, the borrower filed claims which

included a cause of action for purported violation

of Florida Statute 817.535, which is really all

Mr. Dickinson is suing for here. He has, I think,

close. to 20 counts for that same exact violation,

alleged violation, of that Florida statute.

In Dragash, the borrower was once again

proceeding pro se and it sued Fannie Mae and JP

Morgan Chase for amongst other cases of action,

the violation of 817.535.

After granting the borrower two prior

opportunities to amend, the District Court

dismissed the amended complaint with prejudice for

failure to state a cause of action because he

didn't plea with the requisite specificity.

On appeal, the Eleventh Circuit affirmed,

finding that the magistrate properly concluded

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that it's conclusory allegations failed to state a

claim under 817.535. This is precisely what we

have here. Now, on the fourth attempt to state a

cause of action, now under a different theory --

well, I believe he had pled this in his second-

amended complaint as well, but there's nothing but

conclusory allegations.

And just like in Dragash, the Eleventh

Circuit case, he fails to state a cause of action.

And his complaint, especially now given this is

his third opportunity -- I'm sorry, fourth

opportunity in which to try to amend, we're asking

that the Court dismiss the action with prejudice.

I've raised the other arguments before and

they've been kind of set forth in the motion. And

his ability to challenge and try to take issue

with the validity of the assignments, I think it's

entirely clear and I've cited case law in support

of that proposition, that he has no standing in

which to do so.

I cite the U.S. Bank versus Glicken case and

the Harvey versus Deutsche Bank case as Tab 5 and

Tab 6 in the binder, that's also cited in the

motion, that he has no standing to do so. And

moreover, it doesn't really affect, even if there

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were a defect in the assignment, the ability in

which to transfer the note and mortgage.

Likewise, he lacks standing to challenge any

of the endorsements. And the Harvey versus

Deutsche Bank case also speaks to that issue. In

fact, as does the Altierre versus Fannie Mae case,

which is Tab 7 in the binder, where the Court in

that case dismissed the suit with prejudice

holding a borrower is not entitled to arque

invalidity of an assignment because they are not a

party to that assignment; which is, again, what he

has been trying to do here for some time.

Any defects relating to the mortgage, or the

assignment of the mortgage rather, has to be

raised by the assignee and it's predecessors. A

borrower may not rely on any defects to an

assignment.

The third point that I'd like to make is

specifically relating to the counts for a

purported violation of Florida Statutes 817.535.

First and foremost, a cause of action is only

created if a person is adversely affected by an

instrument filed in the official record which

contains a false, factitious or fraudulent

statement of representation.

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I'm citing subsection 8 -- I'm sorry,

Paragraph 8, Subsection (a).

Here, in Counts I, II, IV, VI through VIII

and XI through XIX, Mr. Dickinson, like he has in

his prior complaint, merely refers to filings in

this foreclosure proceeding and I've cited all of

those in the actual motion itself. By way of

example, that includes the verified complaint for

foreclosure, Plaintiff's response to his motion to

dismiss, notice of responses to interrogatories,

the Plaintiff's pre-trial statement.

Again, these are all spelled out. specifically

in our motion to dismiss. But there's 15

different -- at least 15 different foreclosure

pleadings or filings that he makes reference to

that form the basis for all of these counts.

In fact, he did the same thing in Count II of

his second-Amended counterclaim listing

essentially the same findings -- filings, rather.

Court filings do not fall within the scope of the

statute, do not constitute an instrument. Even if

they were to constitute an instrument, which they

are not, they were clearly not filed in the

official record as required by the statute.

To file means to present an official record

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for recording in the official records, which has

not been done here. These are simply court

filings.

Third, and not withstanding the foregoing,

any of these documents and these court filings,

the litigation privilege provides a complete

immunity for any action during the course of

judicial proceedings, which would encompass and

include all of these filings he's seeking to try

to state a cause of action for.

So the bottom line is, this is now Mr.

Dickinson's fourth attempt at trying to state a

cause of action and he still fails to do so. We

feel that the time has come now for the Court to

dismiss this action and dismiss it with prejudice.

THE COURT::..Thank you.

Mr. Dickinson?

MR. DICKINSON: Yes. Opposing counsel is

ignoring the obvious. Exhibit A is not the

promissory note. I filed a motion for an

evidentiary hearing on Exhibit A. If it's legally

possible for you to order that, that would maybe

clear things up. Because the nature of both the

counterclaim and the --

MR. SAMSING: Your Honor, if I might just

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real quick?

MR. DICKINSON: He's going to object to that.

MR. SAMSING: He provided this motion --

THE COURT: So you're objecting? Your basis?

MR. SAMSING: Yes. I am. Because he fileda

motion that's not set to be --

THE COURT: What's your basis, sir?

MR. SAMSING: It's not set to be heard today

and that's what he's referring to --

THE COURT: Okay. No notice.

MR. DICKINSON: Yes, sir.

THE COURT: Sustained. All right. You may

proceed.

MR. DICKINSON: Yeah. But, yeah. That's

presumably what's going to have to be done to

clear this up. .So I will schedule that and you

can order it, if you'd like.

But, yes. The whole point is the county

record disagrees with their note, so their note's

bad. And so without a note, their whole argument

falls apart. And the reason for all the counts is

that every time they say they have the note,

that's materially false.

And so now that I've done my research and I

realize what the Florida Supreme Court elements

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are for the 817.535, I go through each count in

detail, naming what document it is, what the

statement is that they make that's materially

false and who made it, who filed it. There isn't

really any ambiguity there. This lack of

specificity argument doesn't make any sense any

more.

Now, as far as his other arguments being

false, you've read my response and you read the --

so each counterclaim specifically says what the

county filing number is, what the date was, who

filed it and what the statement was that was

materially false.

So there's not really anything -- any

ambiguity there. He refers to Dragash, the

Dragash case. He didn't -- there was no

foreclosure; so there wasn't any -- there was

nothing. He didn't suffer any loss, so that's why

it was dismissed.

And Dragash was actually accused of going on

a fishing expedition. He was just trying to see

if he could find something wrong with the

mortgage. And he had a gazillion different counts

that were -- that he was posting, so none of them

were significant.

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As far as these other arguments go, obviously

the pleading standard requires that you plead

facts. Well, the fact is that the note is

-- Exhibit A is not the promissory note. It's not

the original note. It's fraudulent and that fact

is repeated over, and over, and over again

throughout their entire court case. They've been

aware of this for the longest time; yet, they

still refuse to acknowledge it and that's the big

problem with this case.

The next -- their Argument B is. the

particularity requirements. Obviously, I list --

I went through the Supreme Court Jury Instructions

and I went through every single count and listed

exactly the circumstances and the statement. I

don't know if you can get any more specific than

that.

If opposing counsel can come up with

something else that they need in detail, I'd be

happy to amend it for that regard. But the

Florida Supreme Court instructions were pretty

clear about that. And everything is well, very

well, defined. So the validity of the assignment

is immaterial, honestly. That isn't pertinent to

the counterclaim anyhow.

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The whole point is that they filed -- that

they made materially false statements in the

official record. Clearly the assignments are part

of the foreclosure action since these notes

occurred after the initiation of the court -- of

the foreclosure. So that's -- Argument D was

garbage anyhow. They didn't even have a single

binding court case to recite on.

Argument E, claiming that the promissory note

is not a legal instrument, that was pretty

creative. Obviously, that's not an intent of the

Florida Legislature. Florida Legislature made

this law to combat exactly this type of behavior.

They define instrument.

Instrument is never used as a limiting term

in any court document I could ever find. Official

record, well, the. only place you ever file a

promissory note is in the court record, so how

could the court record not be an official record?

That's absurd.

And, of course, litigation privilege, if you

apply litigation privilege to legislation, that

it's designed to limit litigation, it doesn't make

sense. It's like saying, okay, we're going to,

you know, not allow the legislature to do their

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job.

And if you look at the most significant case

law on that, it basically said with Florida

Supreme Court says malicious prosecution, it did

not apply. For that exact reason, it just doesn't

make sense.

I mean, you could rewrite all of the possible

things a lawyer could do badly into the Florida

Statutes and do sanctions on them, but that's a

lot of work that's unnecessary and that's what the

Supreme Court has concluded.

And so basically, my bottom line is, their

whole case is based off pretending that they have

a note, pretending that this isn't against the

law.

THE COURT: Okay. Thank you. The Court is

closing argument. The Court appreciates the work

that everyone's done on this case.

However, the Court requires -- the Fifth

District Court of Appeals court requires that I

hold a pro se litigant to the same standards as I

would an attorney.

MR. DICKINSON: I --

THE COURT: Sir, I'm ruling. So when I'm

finished, we can do some explanations or something

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like that.

So at this time, the Court is granting the

motion to dismiss. I am relying on several

issues. First, the Court finds that there is

prevailing case law in Harvey versus Deutsche

Bank, 69 So.3d 300, as well as Altierre versus

Federal National Mortgage Association. Here we

have a Westlaw cite, I think, 2013 Westlaw

6388521, Florida Statutes 817.535.

When looking at a complaint, the Court looks

at the complaint in the light most favorable to

the non-moving party. Even in doing so, the Court

finds that the allegations are generally

repetitions of the elements of causes of actions

referred to county filings and to jury

instructions. The allegations are not cognizable.

We're not able to be able to determine how

the Plaintiff is -- the person petitioning is

attempting to apply the law to the facts. There

aren't the facts to support within the pleading

itself, so the Court is granting the motion.

The Court recognizes that this has been

several go-arounds. I think this would be at

least the third attempt, if not the fourth attempt

to put forth an appropriate pleading. And so the

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court is granting the motion with prejudice.

Do you have a proposed order, sir?

MR. SAMSING: No. If I may submit one, your

Honor?

THE COURT: Yes. Thank you.

Sir, you had some questions or --

MR. DICKINSON: Well, for one thing, yes, I

show that a binding court -- you know, Fifth DCA

reviewed my response, did say specifically that

pro se's were not to be treated like attorneys.

THE COURT: Okay.

MR. DICKINSON: And, of course, obviously,

this all -- if you don't believe the note's

fraudulent, that's really the issue here. If we

have an evidentiary hearing on that, then

everything makes sense. But you have to realize

that the note does not agree with the county

record,

THE COURT: Okay.

MR. DICKINSON: So it's not even -- it

shouldn't even be in dispute.

THE COURT: I don't know if you're a sports

fan, sir. But if you would use it as an analogy,

when you go into a basketball game, you go into a

baseball game, you go into a football game,

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there's some rules; right?

And if you don't have the helmet on or you

don't have the pads on or certain things, then you

don't even get to the game, you're not even

allowed to play in the game.

That's where we are right now, is with regard

to procedure. The procedure has to be correct

before I can even get to the substance. We're --

MR. DICKINSON: What --

THE COURT: There's rules that I know that

are not intuitive, but there are rules. The Cotirt

cannot waive those rules. So my only presentation

to you --

MR. DICKINSON: .. Okay.

THE COURT: And if you don't mind me saying

so, sir, is that you might want to consult an

attorney and I'm sure I've told you that before.

MR. DICKINSON: Yeah.

THE COURT: So at this time, that is the

ruling of the Court.

MR. DICKINSON: So now, I've got how many

days to appeal?

THE COURT: You'll have 30 from the day I

sign it.

MR. DICKINSON: Okay.

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MR. SAMSING: Thank you, Your Honor.

THE COURT: Thank you.

[Whereupon, the foregoing proceedings were

concluded at 1:50 p.m.]

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CERTIFICATE

STATE OF FLORIDA:

COUNTY OF SEMINOLE:

I, Vicky L. Barwick, Court Reporter and

Notary Public, State of Florida at Large, do hereby

certify that I was authorized to and did report the

above and foregoing proceedings at the time and place

aforesaid, and that the pages numbered 3 through 17,

inclusive, constitute a true, complete and accurate

excerpt transcript to the best of my skill and ability.

I further certify that I am not. of counsel

for, nor related to any party herein or attorney

involved herein, nor am I financially interested in the

outcome of this action.

WITNESS MY HAND this 20th day of February

2020.

Marge Raeder Court Reporter, Inc. Court Reporter and Notary Public, State of Florida at Large Commission Number FF 979351 Expiration April 6, 2020

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