What exactly is a Robo Signer? Well, for one thing, we know they are quite the expert's in the minute details of the loans and mortgages for which their employer, possibly contracted by LPS, FiServe, or some other foreclosure puppet master, "manages" Floridian foreclosures.

Per the assignments of mortgage they produce, they have the dual authority to transfer assets and property from many financial institutions to other financial institutions. The companies who receive these assets and properties are clients of their employer. It is unclear how they are affiliated with the company who is selling or otherwise assigning these assets and properties. How convenient that they are able to create the ONLY evidence which is filed in Florida's land records and court files that shows how their employer's clients are the owners of the properties in a foreclosure dispute.

Per the affidavits of amounts due and owing, they also attest to personal knowledge of mortgage loans, payments, amounts due, interest rates, other charges and fees, and any additional information that a Florida judge might need to order a final judgment of foreclosure with a specification of the amount of the obligation.

What's the big deal with the amount? Well, Florida is a deficiency state. A final judgment for the amount allegedly owed on the mortgage would leave the defendant owing anything above and beyond what the house sells for in the post-foreclosure sale. Here's a good example of how one can be indebted for a lifetime after losing one’s house to a party who cannot competently prove with authentic evidence that they are entitled to foreclose.

So, a person in Florida is being sued by some strange financial institution and their aggressive debt collector David J Stern Enterprises, Inc. This debt collector's client and the sum owed are not recognizable to the defendant, so an attorney is hired to defend against the claim which includes the alleged debtor's home and a hefty deficiency that will remain after the value of the home is "liquidated".

Comes your attorney, puts his case together and brings it to the judge. The judge asks some questions and allows your attorney to do some depositions, including one on Beth Cerni, the David J Stern employee that just signed as authorized signator for MERS transferring your mortgage from MERS to some strange “Trustee” you’ve never heard of in your life.

Your attorney files a notice of taking deposition of Beth Cerni.

Debt Collector David J Stern Enterprises, Inc. replies that they will withdraw Beth Cerni’s affidavit and produce another one. At that point, your attorney may take the deposition of the new affiant.

This is modus operandi for these debt collector "law firms". They produce incompetent affiants attesting to hearsay "facts" of which they have no knowledge. These affiants are fulfilling one of the jobs in highest demand in America today, robo-signers on foreclosure related documents. When a notice of deposition or a subpoena is filed, the affidavit, interrogatories, admissions, assignment of mortgage, etc., is immediately withdrawn and a new, well-coached affiant produces another version of the previous document.

A Tampa Judge (Rondolino's) most recent order against this fraud upon the court: Rondolino transcript.pdf

Per the Judge's order your attorney complied by immediately filing a Notice of Depo of robo-signer Beth Cerni, employee of David J Stern debt collector office.

Motion for Protective Order by Stern's office who is scrambling to keep Beth Cerni from being a deponent Cerni Mot for Prot Order.pdf

Response to Stern's Motion and insistence that Beth Cerni be produced for her deposition opp mot prot ord 052610.pdf
 

 
Let's break down what's really happening in Foreclosure World aided by many corrupt or simply uninterested judges.

A person signed on a mortgage and promissory note based on the advice of supposed experts who misrepresented the value of the property with overinflated appraisals from highly incentivized appraisers (many of whom are now being charged with federal crimes now). Their income, assets, and terms are altered after the fact to fit whatever loan type will bring in the highest commission for the broker and/or whatever fits the “empty holes” in the various risk-related-slices (aka: tranches or CDO’s) of the mortgage backed security trust that had already been sold to investors and were rapidly approaching their closing date. The investment banker companies, unhappy with the manacles of cash regulations, had cleverly turned the promissory notes into cash for creating securities bond’s, thus escaping the hated regulations. Most importantly, with appraisal fraud as a keystone, they were able to set the value of a promissory note to whatever they needed it to be!

Armed with the knowledge that a lemon investment has been sold to investors, insurance was purchased, sometimes by unrelated third parties, to pay out beneficiaries-in-collusion, when the security's default rate hit a determined target. The insurers paid off these claims in full and then were bailed out by the American tax payer’s. Some insurers were prevented from suing the investment banks as part of the bail-out deal. Some insurers have initiated litigation MBIAvCSFBSPSDLJ.pdf. So again, the middle men (interloper PRETEND LENDERS) were made fully whole while the American families are evicted out onto the street under the pretense of an outstanding, unpaid debt secured by the very roof over their heads, and the investors who were conned into buying up the mortgage pools bonds are left with worthless bond paper. (Remember, once a home is foreclosed and sold at auction or as a REO, the monies generated are not returned to the investors, no, the monies are again distributed among the interloper's who never lent a dime of their own money and who's only participation here was as developers and administrators of the greatest Ponzi Scheme (through their fraudulent statutory Delaware Trusts and pooling agreements) in the history of our nation.

When the planned, manufactured default occurs, the insured put in their claims, the investors in the mortgage backed securities were hung out to dry. In judicial states, most judges take on the role of real estate agent’s and view their job as getting the homes back on the (over-saturated, buyer-less) market justifying this by falsely claiming the homes are "vacant and dilapidated". This contradicts what one traditionally believes is a judge's job; refusing to accept fabricated evidence, administering justice, adjudicating cases based on the facts and law, ruling on foreclosure actions based on "court in equity" legal theory, insisting on proof of standing prior to allowing an action to be continued, dismissing cases where the plaintiffs & their counsel staunchly and arrogantly ignore the state's Supreme Court edicts. The homeowner is foreclosed and the family is evicted out onto the street. The default and foreclosure triggers a tax write off for the bond holder and insurance pay-out is booked to a different line item in the books.

In comes the debt collector company to grab up the American home. They are hired by foreclosure puppet-masters, like LPS to process the foreclosure. They are graded on their speed and ruthlessness. They will create whatever "evidence" is needed to process the foreclosure. They disregard the laws and rules that are the foundations of our judicial system, land records, state and federal statutes. They are secretive in all aspects of the transaction. Who is their client? How was the property transferred to the plaintiff? How does the plaintiff show to the right to foreclose? Under what authority were these notes endorsed and transferred? Where is the proof of transfer of the debt? Who are these robo-signers?

And when we, or our attorneys, ask these questions, the answer is invariably, "We withdraw that, and put in something else." The name of the plaintiff is changed. The name on the post-foreclosure title is changed. The affiant is changed. The assignment is changed.

A promissory note is signed based on misrepresentations and fraud leaving the family dispossessed of their home and life savings, and investors scammed out of their funds. Yet, the documents signed by the representatives of the foreclosing entities are immediately withdrawn upon the slightest hint of examination.
 
So, what’s really going on here?
 
Double standards?

Making up evidence when we need to prove a claim in an American court of law?

Bailing out large, undamaged financial institutions that misrepresented their "product" to every party down the line?

Evicting millions of families from their American homes in wrongful foreclosure actions across our nation?

Inflated indebtedness for 20 years into the future, preventing any hope of recovery?

Land and property records filled with forged, fraudulent documents that have contaminated the true chain of title forevermore?

Judges who are only concerned if payments are made on a debt that maynot even be owed, let alone to the party staking a claim?

Courts that allow, even welcome and aim for, rapid fire case resolutions at any cost and based on insufficient/fraudulent affidavits which are filled with hearsay testimony by incompetent witnesses?

Judgments of amounts owed that are unsupported by anything but robo-signers' testimony?

Even if America's foreclosure crisis doesn't personally affect you; one day you or your loved ones may be in front of a judge who is immune to fabricated evidence presented by the adversary's attorney who had an employee create whatever evidence is needed to prove the client's case. Think about it. This is so much bigger than the banker propaganda. Be very wary of anything or anyone who pushes the view that this crisis is about people who lied on a mortgage application. That's called blame shifting. It's extremely effective. And it's very dangerous territory.
 
Americans United for Justice avers that this is an everyday occurrence in the courtrooms of our state and of our county at the 18th Judicial Circuit, in and for Seminole County, FL. A change is urgently needed in the appointment and election of Judges representing the citizens of our state, respecting their right to be heard and protected by law, as the right to due process is not a privilege but a constitutional right. Citizens have lost faith in our executive, legislative, and judicial branches of government. Citizens have lost faith in the protections of law enforcement and regulatory agencies; it is time for a change!

We are a creating a country populated by impoverished, unemployed, disillusioned, and hopeless citizens with nothing left to lose. As the play write James Baldwin so succinctly stated, that is "the most dangerous creation of any society." On August 24th 2010, you will have an opportunity to decide on a change to the bench in Seminole county and in counties across the state, we ask that you choose wisely, as your homestead, or that of a love one, may just rely on the decision you make that day. The incumbent judge Clayton D. Simmons has lent but a deaf ear to the cries for justice of the people he was elected to represent. Violation of foreclosure Pro se Defendants due process and constitutional rights are an everyday occurrence in his courtroom.. When a judge only sides with lenders that have defrauded the courts and acted freely on commission of thousands of felonies every year with the stamp of approval from a judge, then it is time for that judge to be held accountable for their actions.  Vote on August 24th and let start with the process of cleaning house first, accountability next!