CITIMORTGAGE, INC

IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA

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CASE NO 05-2008-CA-e649"5-xxxx-XX

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Plaintiff

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ANTHONY D FEKANY, et al

Defendants

DEFENDANT'S MOTION FOR SANCTIONS TO STRIKE PLAINTIFF'S PLEADINGS OR IN THE ALTERNATIVE, MOTION TO DISMISS COMPLAINT WITH PREJUDICE

Defendant Anthony D Fekany, pro se (herem after "DEFENDANT") pursuant to Florida Rules of CIvil Procedure and other applicable Florida Law file this above titled motion and states as follows

BACKGROUND

1 On or about October 23, 2008 Plaintiff filed the mstant action In the complaint, plaintiff claimed to own and hold the mortgage via an assignment and note attached There were no such assignments or note attached In fact there was a copy of a mortgage made payable to another entity and an unsigned, typewritten statement statmg the alleged terms of the note There was no count to reestablish a lost note In effect, the plarntiff had no standmg to even file the complaint

2 On or about May 11, 2009, the Defendant filed his first request for production of documents In that request the Defendant asked for, among other things, documents evidencmq ownership of the note and mortgage, disclosure requirements and pay history The plamtiff's Initial response was to file an affidavit (exhibit A) from a Non-Party, Onon Financial Group claiming to be either the owner or the servicer of the subject note and mortgage Thrs affidavit alone should be sufficient grounds for dismissal of the instant case since Orion Fmancial Group IS not named as a Plaintiff

Case # 05-2008-CA-064695-XXXX-XX

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016833136

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Onon Financial Group is the same type of firm being investigated by many state attorneys general for creating false documents

3 On or about July 27, 2009, the Plaintiff filed a response to defendant's Request to Produce stating, among other things, that the requests were too burdensome and Items such as the promissory note were protected by attorney client pnvileqe

4 The only actual Item to be filed by the plamnff In response to Defendant's request to produce was an Indecipherable computer pnntout purported to be a payment history filed on July 15, 2010, a year and a half after defendant's onqinal request

5 On October 1, 2010, defendant's motion to compel production (exhibit 8) was heard An order was entered (Exhibit C) compelling Plaintiff to produce all but 2 of the requests Within 20 days The plaintiff has not produced the requested documents In Violation of the Judge's order and to the detriment of the Defendant

SUMMARY

1 The foreqornq demonstrates the plaintiff has continued disregard and disrespect for Judicial orders, lacks the ability to prove standing, engages In the filing of false and misleading affrdavrts, espouses a total disregard for governmental compliance, and has continued to harm defendant's credit and ability to maintain employment and health care

2 Plaintiff should have all ItS pleadings stncken for continued Violation of court orders, or In the alternative have ItS complaint dismissed With prejudice for all of the above

WHEREFORE

Defendant respectfully requests this Honorable Court grants rus Motion for Sanctions or In the alternative Disrruss thrs action With prejudice and for other such relief that IS just and proper

I hereby certify that a true and correct copy of the foreqoinq has been furnished by U S mall to Darnel C Consuegra and Lance L Morley 9204 King Palm Dnve Tampa, Flonda 33619 November 12, 2010

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2470 Ahcia Lane '(lro Sf

Melbourne, FL 32935 321-223-0786

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Return To M E Wileman Orion Financial Group, Inc 2860 Exchange Blvd # 100 Southlake, rx 76092

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AITORNEY AT l]J..W U 9204 King Palm Drive

lanum, Flonda 33619-1328 0 aM 1/ tt '(D.,(IYj Antk:lny ,

AFFIDAVIT OF LOST ASSIGNMENT

BE IT KNOWN that on this 6/8/2009, before me, the undersigned authority, a Notary Pubhc duly comnussioned and quahfied In and for the State and County aforesaid, personally came and appeared D M Wileman who, upon being duly sworn, did depose and state as follows

1 That he IS the Vice President off Onon Financial Group, Inc for CITIMORTGAGE, INC, ("Affiant") and IS duly authorized to execute this Affidavit of Lost Assignment ("AffidaVit") In such capacity, and

2 That Affiant IS the holder, owner and/or servicer of that certain loan or obligation evidenced by a certain prorrussory note (the

"Note") and mortgage, Deed of Trust or Deed to Secure Debt (the "Mortgage") Identified as follows Date of Note 9/17/2007

Ongmal Principal Amount $ 229,000 00

Ongmal Borrower ANTHONY D FEKANY, A SINGLE MAN Ongrnal Mortgagee FIRST BREVARD CORPORATION MortgagelDeed of Trust Recording Date 10/4/2007

Book 5816 Page 6893

County Brevard State FL

Property Address 2470 ALICIA LN, MELBOURNE, FL 32935

3 Based upon a diligent search of the property records, and the records of Affiant, It appears that the ASSignment of Mortgage from FIRSr BREVARD CORPORATION, 3600 N Harbor CIty Blvd, Melbourne, FL 32935 ("Grantor/AssIgnor") to ClflMORTGAGE, INC, 1111 Northpomt Drive, Bulldmg 4, SUite 100, Coppell, TX 75019 ("Grantee/AssIgnee") was never recorded and inadvertently not completed, and It IS not now obtainable for the following reasons, to Wit

ORIGINAL LOST AND NEVER RECORDED

4 That the purpose of thrs Affidavit IS to establish such facts

FEKANY MFC '99109784'

By

D M Wileman, Vice President

State of Texas, County of Tarrant

On June 8, 2009, before me, M Conner, a Notary Public for said County and State, personally appeared D M Wileman, who being duly sworn, says that he/she IS VICC President of/for CITIMORTGAGE, INC, on behalf of sard corporanon by Its authonry duly given D M Wileman acknowledged the sard writing to be the act and deed of said corporation And that said D M WIleman, does acknowledge the due execution of the foregoing Instrument Wit S m hand and seal this June 8, 2009

Notary Pu rc, M Conner

My Cornrrussion Expires November 30, 2010

Witness Shirley R

Witness T Peatrowsky

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II Ui , EXHIBIT B '

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IN THE CIRCUIT COURT OF THE

EIGHTEENTH JUDICIAL CIRCUIT IN

AND FOR BREVARD COUNTY, FLORIDA

CASE NO 05-2008-CA-064695-XXXX-XX

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... CITIMORTGAGE, INC

ANTHONY D FEKANY, et al

MOTION TO COMPEL PRODUCTION

Defendant Anthony Fekany pro se, hereinafter referred to as FEKANY, according to the Flonda rules of CIvil Procedure files this motion to compel production of documents upon CtlMortgage, Inc, hereinafter "CITI"

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Background -On or about May 11, 2009 FEKANY filed Defendants First Request for production and served it upon Plaintiff CITI In late June, 2009 FEKANY saw onhne in the register of actions section of the case in the Pubhc Records of Brevard County a motion for extension of time by CITJ

Two months after FEKANY'S request to produce was served upon CITI, plaintiff filed a response to FEKANY'S request, In the response, CITI did not produce the requested documents FEKANY needs the documents In rus onqmal request for production to prepare for an adequate defense

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Case # 05-2008-CA-064695-XXXX-XX \

# 41

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• EXHIBIT 'p,j ,

Wherefore FEKANY respectfully requests this Honorable Court enter an order compelling CITI to produce requested documents and further actions It deems Just and proper

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoIng has been furrushed by U S mall to Darnel C Consuegra and Grace Santos 9204 King Palm Drive Tampa, Flonda 33619

October 13,2009

Byd#-#

Anthony D Fekany pro se

2470 Ahcia Lane

Melbourne, FL 32935

321-795-8218

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'EXlIIBIT C'

IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA

CASE NO 05-2008-CA-064695-XXXX-XX

CITIMORTGAGE, INC

Plaintiff

VS

ANTHONY D FEKANY, et al

ORDER ON DEFENDANT~S MOTION 1'0 COMPt=L PRODUCTION

This matter having come to be heard on Defendant Anthony Fekany 's motion to compel production on October 1, 2010 and the Court having heard the argument of counsel and being otherwise fully advised In the premises, It IS hereby

ORDERED AND ADJUDGED

1 That Defendant's motion to compel be GRANTED as per request numbers

1,2,3,4,5,6,8,9

2 That the Defendant's Motion to Compel be DENIED as per request #7

3 That the Defendant's motion to Compel IS WITHDRAWN as per request #10

4 Plaintiff IS to Produce requested documents Within 20 days of this order

DONE AND ORDERED In chambers at Viera, Brevard County, Flonda This J.1_ day of October, 2010

Cc l.anceL Morley Anthony Fekany Pro Se

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