IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA

AURORA LOAN SERVICES LLC,

CASE NO. 09-86033 CA22 HEARING REQUESTED

Plaintiff, vs. YESENIA POUPORINA, et al. Defendant(s) _______________________________ /

MOTION TO COMPEL PRODUCTION AND TO DISMISS THIS FORECLOUSRE WITH PREJUDICE RELEASE OF LIEN AND SANCTION THE PLAINTIFF

COMES NOW, Defendant YESENIA POUPORINA, pro se, requests Plaintiff AURORA LOAN SERVICES LLC, (hereinafter “Plaintiff”) to produce the following documents and other tangible things at the office of the undersigned within the time frame prescribed by said rules. The Plaintiff has filed false documents, failed to state a claim upon relief can be granted and the Plaintiff attorney has agreed to the fact that they have come to this court with unclean hands. There being no contest that the assignment is fraudulent, that the attorney and the Plaintiff have to come to the court with unclean hands, the Defendant moves the court to dismiss this case with prejudice, release any mortgages and encumbrances against the subject property, issue a judgment against the Plaintiff

Stern filed a complaint in bad faith and committed fraud upon the court. mail fraud. the Plaintiff filed a fraudulent assignment of mortgage. D. On or about November 30. mortgage fraud. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. STERN. 2009. There is no contest that the assignment is in fact a fraud since no one person can work for those number of banks/ lenders at any one time and the signatures of THEODORE SHULTZ match THEODORE “THEO” SHULTZ. fraudulent conveyance. First National Bank of Arizona. PA’S RESPONSE TO DEFENDANT’S MOTION TO DISMISS FORECLOSRE WITH PREJUDICE FOR FRAUD ON THE COURT AND THE COURT’S REQUEST FOR AN ORDER TO SHOW CAUSE 1.. Plaintiff through the Offices of David J. mental anguish. F. a well known robosigner in his capacity as “Vice President” has created thousands of fraudulent documents for the following companies: A. C. E. Decision One Mortgage Company. AS TO DAVID J. That the complaint included a copy of the indorsed note and made reference to the unrecorded assignment is not at issue here. Soon after becoming a client of The Offices of David J. forgery. STERN AND THE LAW OFFICE OF DAVID J. . Aurora Loan Servicing. Nations Home Funding. Stern and standing became an issue. B. fraud upon the court. (etc etc etc etc).for treble damages for punitive damages. Household Bank. 2.

Green Point U. H. Pinnacle Financial. This cannot be tolerated in courts. Obviously these fraudulent assignments: . First Magnus Financial (chapter 11 2007) N. at deceiving the courts and defendants that the Plaintiffs in these illegal actions have standing. American Home Mortgage L. Aegis Wholesale Corporation S. INC T. First National Bank of Arizona W. blatant and malicious acts. These documents represent legal impossibilities since working for so many banks would constitute a banking conflict of interest. Shelter Mortgage Company. rarely discovered and usually successful. CTX Mortgage Company LLC R. Columbia National. Lehman Brothers J. New York Mortgage Company V. First Magnus Financial I. Home Comings Financial M. Home Loan Center. LLC O. These actions by robo-signors are obvious.G. Lehman Brothers Bank FSB P. ASG These sensitive documents are part of homes being sold today in many counties in Florida. First Magnus: K. INC Q.

N.06. C. 559. E. Threatening to collect a debt when they had no legal right to under F. Uttered a forged instrument in violation of F. O.01. H. K. P. Constitutes a Violation of 15 USC 1692(e) using a false document to enforce a debt. Is a forgery. Fails to establish the true and real ownership. Represent fraud upon the court. Intended to pass as true the signature of an officer of a corporation violation of F. a felony of the third degree. J. Committed Forgery and Counterfeiting as per F.S. M. B. Made fraudulent statements in court in violation of F.S. Is a fraudulent and false document. Q.02. 831. When the lending proceeds exceed $100. F.S. 817.545 Mortgage Fraud by filing a document in a county involved in the mortgage lending business. D.A.000. Is fraud on the public record.831. Is Mortgage Fraud. I. G. . Constitutes Mail Fraud. L.72 the defendant makes claims to the maximum statutory damages of $500. Represents a fraudulent conveyance. the Plaintiff commits a felony of the second degree.817. as is the case here. 831.S. Guilty of F.S. R.S.155.000. Is not a valid assignment and therefore does not give standing to Plaintiffs. Represent a failure to record documents in country records.

S.000. There can be no standing when there is fraud.16. Threatening to collect a debt when they had no legal right to under F. Made a false report by an officer in violation of 817. THE CENTRAL ARGUMENT IS THAT THE PLAINTIFF FALSIFIED “STANDING” The separation of the note and mortgage is a nullity. 5th DCA 2008). The Plaintiff received notice from the defendant of these facts and failed to rebut. . The Court is authorized and entitled to sanction the Plaintiff’s misconduct. 988 So.2d 1110 (Fla. As summarized by the Fifth District in Robinson v. There are protocols involved in recording a mortgage and Billions of dollars are spent to adhere to those protocols. Weiland.S. 559. U. Whether the owner of the note is entitled to the security is not so much an issue as the fact that a Plaintiff stating a claim in court to enforce a claim that is not properly recorded should not seek remedy for an unenforceable “unsecured” loan.72 the defendant makes claims to the maximum statutory damages of $500. The Plaintiff claims control and custody of documents that were never in their control and custody. The Plaintiff falsified a document in order to make a complaint in this court. They never had control of the document. T. The Plaintiff has filed documents with the Court in complete disregard of the truth. These issues are uncontested. The Plaintiff never had standing and since the note secures the mortgage then you can have no mortgage without the note. These are the issues at hand.

559. Mass. 333 So.An unrecorded or improperly recorded instrument referred to in an instrument recorded in the chain of title will ordinarily constitute a cloud upon the title. 12 Fla.72 "includes all allegedly unlawful attempts at collection consumer claims.S. or abuse"). . 709 (D. Hart v. no person shall … claim. 246 B.. 559. F. GMAC Mortgage Corporation. 4th DCA 1976) See also. Inc. oppress. THIS COURT HAS SUBJECT MATTER JURISDICTION TO VOID THE MORTGAGE The Florida Consumer Practices Act (FCCPA. Weekly Supp. The FCCPA prohibits the Plaintiff from collecting the underlying consumer mortgage debt involved in this action by asserting its right to foreclose when the Plaintiff knows that such right does not exist because the Plaintiff did not comply with the applicable federal default servicing obligations and guidelines prior to filing this foreclosure action. “In collecting consumer debts. This court has subject matter jurisdiction to void the mortgage and refuse the Plaintiff to avoid the collection of the claim. Streeps Music Co. 559." Seaton Jackson v. (2009) The FCCPA applies to anyone attempting to collect a consumer debt unlawfully and F. Inc.R. 188 (Fla. 6th Circuit 2004) citing Williams v.. SO THIS SLANDER OF TITLE …. 2000)(Debtor stated a cause of action under the FDCPA where continuation of foreclosure proceedings amounted to conduct "the natural consequence of which was to harass.. L. attempt.S. 2d 65 (Fla. Wells Fargo Homemortgage.552) provides protection for consumers in foreclosure. or threaten to enforce a debt when such person asserts the existence of some other legal right when such person knows that the right does not exist.72(9) Fla. Stat.

Rule 4-3. 1234 (Fla. Desimone v. Co. the Court may expect that officers of the court comport themselves with the Rules Regulating the Florida Bar which prohibit a lawyer from asserting an issue without a factual basis. 4th DCA 1999).1 . 740 So. The Defendant has established beyond a reasonable doubt that there is no albeit legal way that Theodore Shultz has become “Vice President” of over three banks simultaneously in violation of Baking laws.THE PLAINTIFF FAILED TO PRODUCE MR THEODORE SHULTZ TO REBUT THE DEFENDANT’S PROOF OF FRAUD The Plaintiff was served over 30 days. information and belief there is good ground to support it…” Id. as per the exhibit attached to Defendant’s Motion To Dismiss With Prejudice. The Court is entitled to expect Plaintiff counsel’s compliance with Section 57. I am sure that the court would entertain the argument. If the Plaintiff wanted to rebut the contention that the assignment was a fraud. which provides that “[t]he signature of an attorney shall constitute a certificate by the attorney that the attorney has read the pleading or other paper [and] that to the best of the attorney’s knowledge. Where a party perpetrates a fraud on the court which permeates the entire proceedings. The Court may also expect counsel’s compliance with Rule 2.. dismissal of the entire case is proper. The motion was very clear in regards to the subject matter.2d 1233. The Court is also empowered to sanction counsel for its role in the litigation misconduct.105 Florida Statutes which prohibits parties and their attorneys from presenting claims that are not supported by the material facts. they were within their right to do so. If there is any reasonable argument other than fraud that Theodore “Theo” Shultz signs one document as assistant.515(a) of the Rules of Judicial Administration. Additionally. Old Dominion Ins.

as “Vice President” for Mortgage Electronic Registration Services (MERS). Florida 33134 . Decision regarding standing would be based on the fact the note being used is not from the Plaintiff and there is no assignment of mortgage attached. Mr. unless the entire transaction was a sham. ______________________________ Yesenia Pouporina 1221 Obispo Avenue Coral Gables. one must ask why ALS would have wanted to buy a non performing loan from GMMLLC.Meritorious Claims and Contentions. assigned the DOT to ALS. 2009. presumably no longer held title to the debt instrument and thereby had no rights under the DOT. in this market. he was representing both sides of the transaction. on September 25. Shultz. with the inherent conflicts of interest. Respectfully submitted. as nominee for GMMLLC. also happened to be a full time employee of ALS and as such. incidentally. the assignment seemingly was executed for the express purpose of misleading the Court. Significantly. based on the Plaintiff mode of operation of filing insufficient complaints upon the court. But since GMMLLC. The Plaintiff should be prohibited from introducing into evidence the alleged Promissory Note that we move to strike to have it stricken as evidence since it does not prove that the Plaintiff may foreclosure. The Plaintiff failed to state a claim upon which relief can be granted. The Plaintiff’s complaint should be dismissed with prejudice. (Comment: “What is required of lawyers…is that they inform themselves about the facts of their clients’ cases…”).

Suite 400 Plantation. 15th Floor. FL 33134 . to: Tew Cardenas LLP. Mail or hand delivered this ________ day of March. Miami. Nebraska 69361 By: __________________________ YESENIA POUPORINA 1221 OBISIPO AVENUE CORAL GABLES. 1441 Brickell Avenue. Florida 33131 (Hand delivered) Law offices of David J.CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U. 2011. Stern 900 South Pine Island Road.S. Florida 33324 Aurora Loan Services LLC 2617 College Park Drive Scott bluff.

Sign up to vote on this title
UsefulNot useful