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Maryland - Motion Dismiss Fraud Court

Maryland - Motion Dismiss Fraud Court

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Published by: winstons2311 on Oct 03, 2010
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06/19/2014

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 1
IN THE CIRCUIT COURT FOR HOWARD COUNTY, MARYLAND
JACOB GEESING,
et al.
 Plaintiff v.
 
Case No: 13C-09-079000
 
MATTHEW PALMER,Defendant
M
OTION TO
S
TAY AND
D
ISMISS
B
ASED
O
N
F
RAUD ON THE
C
OURT
 
Comes now the Defendant, Matthew Palmer by and through his counsel, The Law Officeof Gerald Solomon, P.A. and Gerald Solomon, Esquire and Bascietto & Bregman, LLC, andJohn Bascietto, Esquire in his Motion to Stay and Dismiss Based On Fraud on The Court, and forcause, says unto this Court:1.
 
This is a foreclosure case filed on or about August 21, 2009.2.
 
The jurisdiction of this court was invoked in this case by the filing of an Order toDocket.3.
 
There are two condition precedents to the filing of an Order to Docket:a.
 
The instrument creating or giving notice of the existence of the lien has tohave been filed for the record; andb.
 
There is a default that lawfully allows a sale.4.
 
The Order to Docket must be accompanied by:a.
 
a copy of the lien instrument
 supported by an affidavit
that it is a true andaccurate copy;b.
 
 an affidavit
by the secured party, the plaintiff, or the agent or
 attorney of either
that the plaintiff has the right to foreclose and a statement of thedebt remaining due and payable;
 
 2c.
 
a copy of any separate note or other debt instrument supported by
 an affidavit
that it is a true and accurate copy and certifying ownership of thedebt instrument;d.
 
a copy of any assignment of the lien instrument for purposes of foreclosure or deed of appointment of a substitute trustee
 supported by an affidavit
that it is a true and accurate copy of the assignment or deed of appointment;e.
 
 an affidavit
with respect to any defendant who is an individual that theindividual is not in the military service of the United States; andf.
 
a statement as to whether or not the property is residential property.5.
 
Plaintiff Jacob Geesing, Esquire is purportedly a Trustee under an instrumenttitled Deed of Appointment of Substitute Trustee.6.
 
Plaintiff Jacob Geesing, Esquire is also a principal in the law firm of Bierman,Geesing & Ward, LLC.7.
 
Bierman Geesing & Ward, LLC also represent Plaintiff Jacob Geesing, Esquire.8.
 
Plaintiff Jacob Geesing, Esquire invoked the jurisdiction of this Court by thefiling of a Order to Docket and affidavits executed by him in front of a notary as follows:a.
 
 An affidavit
stating that the copy of the lien instrument attached to thepleading was a true and accurate copy;b.
 
 An affidavit
by Jacob Geesing, as attorney for the secured party that theplaintiff, Jacob Geesing, Esquire has the right to foreclose and a statementof the debt remaining due and payable;c.
 
 An affidavit
of a copy of any separate note stating that it is a true andaccurate copy and certifying ownership of the debt instrument;d.
 
 An affidavit
stating that the copy of a deed of appointment of a substitutetrustee is a true and accurate copy of the assignment or deed of appointment; ande.
 
 An affidavit
that Defendant was not in the military service of the UnitedStates;
 
 39.
 
Each affidavit submitted by Jacob Geesing in this case contained an assertion thatJacob Geesing personally appeared and gave oath to the affidavit.10.
 
In the instant case Jacob Geesing, Esquire also executed affidavits for the:a.
 
Report of Sale; andb.
 
Notice by Mail Prior to Sale.11.
 
Upon information and belief Jacob Geesing, Esquire is the named Plaintiff trusteein approximately 8,000 active cases filed in the State of Maryland for the year 2009 alone.12.
 
Jacob Geesing is the named Plaintiff trustee in the following named cases:a.
 
Geesing v. Palmer
, Circuit Court for Howard County Maryland, casenumber 13C-09-079000;b.
 
Geesing v. Laur
, Circuit Court for St. Mary’s County, Maryland, casenumber 18-C-09-001338;c.
 
Geesing v. Lembach
, Circuit Court for Anne Arundel County, Maryland,case number 002C09145252;d.
 
Geesing v. Stewart
,
Circuit Court for Montgomery County, Maryland,case number 321204V; ande.
 
Geesing v. Nachbar
, Circuit Court for Montgomery County, Maryland,case number 318239V.13.
 
The affidavits containing Jacob Geesing and notary signatures in the mentionedcases reveals the following:
Geesing v. Palmer
Affidavit of Non-Military ServiceAffidavit of Deed Of Trust Debt and Right to Foreclose

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