U.S. BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR MASTR ASSET BACKED SECURITIES TRUST 2006-FRE1, Plaintiff, v. CATHERINE F. VELARDO & NELSON J. VELARDO Defendants, ________________________________________________________/ EMERGENCY MOTION TO RECONSIDER ORDER GRANTING US BANK’S EX PARTE MOTION TO RESET FORECLOSURE SALE Comes now, The Defendant’s Catherine F. Velardo and Nelson J Velardo, and pursuant to Florida Rules of Civil Procedure 1 .100(b) and Section 702.07 of the FL statutes, requests this Court to RECONSIDER the Order of 09/27/2010 granting US Banks ex parte motion to reset foreclosure sale and as grounds thereof do state: CASE NO.: 2006-CA-001343


The Law Offices of David J Stern, as counsel for Plaintiff US Bank, N.A., has

filed multiple ex parte motions to reset the foreclosure sale date of the Defendant’s homestead. 2) This is usually granted if the other party could not possibly say anything to

effect the matter, which is most certainly not the case in the instant foreclosure action. 3) The Defendants have a criminal affidavit that is currently under investigation, with the FL Economic Crimes Division of the Attorney General’s office, against the Law Offices of David J. Stern and against David J. Stern

both US Bank and the Law Offices of David J. in the instant case.. **(Exhibits are already part of the record as they were filed together with Defendants Motion to Disallow any Further Ex parte Motion from Plaintiff US Bank on 09/23/2010 under Exhibits: “A” & “B”. The law offices of David J. 6) Judge Sanders is a senior judge that is not in any way shape or form privy to the ongoing litigation on this case. N.A. Stern. A federal investigation is also currently ongoing related to the same issues by the US Department of Justice. 2010. Stern. and is currently being investigated for the “in house manufacturing” of documents filed with the court’s to obtain the court’s jurisdiction by fraud and deceit. 09-3180. with criminal charges under multiple state and federal violations. would void ab initio this foreclosure action. nor the fact that this case is under investigation by both state and federal authorities for multiple criminal allegations that. to reset the sale of the defendants homestead and setting the sale for October 28. both these affidavits are by document fraud experts. These cases are all pending before the FL 5th DCA as case #’s: 09-1992. deny this court of jurisdiction and potentially face. Senior Judge Edwin Sanders signed the Order granting US Bank their ex parte Motion. 2010. all directly related to this case and the issues of fraud upon the court. Defendants request that said exhibits be noticed by the court as if they were hereto attached to the present motion as their relevance is identical on both motions. . one of which is a certified FBI trained fraud examiner that has done massive work for the federal courts.) 4) Further. if to be proven true. issues of jurisdiction and Voided Judgment. both intrinsic and extrinsic. filed through their counsel the Law Offices of David J. and made part of their Motion for Evidentiary Hearing. Stern is currently counsel for US Bank. 10-2711. Case 09-3180 is a perfected appeal awaiting judicial assignment and case 10-2711 is a new appeal that seeks to over-turn this courts arbitrary decision that denied the Defendants request for an evidentiary hearing even though two affidavits were filed with the court.individually. 5) On September 27. the Defendants currently have three outstanding legal proceedings.

from an expert FBI trained fraud . the Defendants have been denied an evidentiary hearing to which they are constitutionally entitled. even after being advised by affidavit and through documented motion after motion of criminal acts that have been committed by the plaintiffs in obtaining this court’s jurisdiction . although there was an expert witness affidavit. and finally this court has ignored the Defendants request that ex parte hearing not be allowed in a case that is currently under criminal investigation and of which an appeal for this courts ABUSE of discretion is pending 9) DEFENDANTS STATE FOR THE RECORD: for this court to continue to allow the Law Offices of David J. This court has full jurisdiction to dismiss the Order granting this illegal ex parte Motion from the Plaintiffs pending the outcome of this investigation by law enforcement and the appeal pending before the 5th DCA that argues this court abused its discretion in denying the Defendants Motion for Evidentiary hearing. The Defendants have had multiple motions. the defendants can and will prosecute to the full extent of the law and have advised the FL Attorney General that they intend to do so. 10) Furthermore. to this effect. These flagrant constitutional violations of the Defendants due process rights are subject to relief by this court and are correctable. Stern to proceed ex parte in the grand theft of their homestead. constitutes enabling commission of a felony and engaging in misprision of felony. including the Florida Attorney General. Stern and other foreclosure mills involved with the in-house manufacture of documents with the INTENT of obtaining the court’s jurisdiction in the prosecution of these fraudulent foreclosure actions. US District Attorney and the FBI economics task force are investigating the law offices of David J.7) Multiple Attorney Generals. attached to the motion. these affronts to due process impose jurisdictional failings on this Court that may and will require judicial review and further investigation if they are allowed to continue. 8) The Defendants have noticed this court multiple times about these criminal acts against the court and have only been ignored by this court. denied without hearing.

org CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing Motion was forwarded to: Michelle K Mason Law Offices of David J via e-mail Mail to mmason@dstern. disallow any further ex parte motions from the plaintiffs. WHEREFORE. Copy of this Motion has also been submitted to law enforcement and multiple legislators that are also aware of the ongoing investigations. FL 32746 (407)771-4467 President@americansunitedforjustice. .com on the 6th day of October of 2010.examiner. Defendants ask that this court DISMISS this illegal Order granting the Plaintiffs ex parte motion to reset foreclosure sale. or in the alternative deny any further ex parte Motions pending resolution by the FL 5th DCA on the current appeal that will adjudicate on whether or not the court abused its discretion in denying Defendants an evidentiary hearing. that has assisted the US government in multiple corporate criminal investigations and who herself is an attorney and expert fraud examiner. and instead call for evidentiary hearing any further attempt by plaintiff to reset for sale the defendants homestead property. _____________________________ . Catherine F Velardo & Nelson J Velardo 867 Paddington Terrace Heathrow.

Sign up to vote on this title
UsefulNot useful