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IN THE CIRCUIT COURT OF THE 15s .

fUDICIAL CIRCUIT '


IN A}ID FOR PAI;M BEACH COtJNTY, FI,ORIDA
Deutsche Bank, )

Plainti-f f )

) Case No. 50200BCAO173B4XXXMB


V. ) AW Division
)

Monica Zapata, ) Petition By Affidavit


Defendant ) to Show Cause
)

PETITION BY AT'FIDAVIT FOR AN ORDER TO SHOW CAUSE


FOR INDIRECT CRIMINAI. CONTE}4I

we, Lisa Epstein and Michael olenick, respectfully petition t-his


Honorable Court to initiate criminal proceedings for Indirect
crj-minat contempt, pursuant to Ft. R. crim. Pro. 3. B40n against
plaintiff Deutsche Bank, The Law Offices of David J' Stern (l aw
iirm for the plaintiff), Mr. David J. Stern as managing partner
of his firm, and Florida Mediation Group, Inc- based upon the
signed and sworn affidavits attached hereto'

Respectfully submitted'

3c'o
Lisa E Date

Michael Oienic Date

l:;,,1 t 'l
i,; ;i i :, ,s ..)

ijil i i.:.i{
CER.TIFTCATE OF SERVICE

The undersigned certifies that. on , 2010, the


fcreqo-ing i.ras sent via postal maj_l to the
Monrca Zapata
R.icardo Zapata
1710 NewHawen Point Ln
!{est Paim Beach, FL 33411
Tia Gibbs
Law Offices of David J. Stern
900 South Pine fsiand Road, Suite 400
Plantation, Florrda 33324-3920
( 954 ) 233-8C00

trlorida Medial,ion Group, Inc.


44 West Flagler Street
i 9th F.l-oor
Miami" Florj-da 33130
(30s) s79-9990
FMG File No.: 3-18986

Phillip J Croylen
Aitorney for StoneHaven Estates liomeowners Association, rnc
370 W. Camino Gardens Blvd" Suit-e 300
Boca R.aton, FL 33432-58I1

Mortgaqe Efectronic Registration Systems, Inc


C/O Corporate Counsel
3300 SW 34th Avenue, Suite 101
Ocala , trL 3441 4

Maylene ABAD, Courtsey Copy


Bankruptcy Attorney
3440 Hclly',vood Blvd 415
Hollywood, FL 33021

Name: 'i--\tJ**- e:U*.-*li <-k.


Addre s s : r-., .l f )-
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Stat-e : /^ .
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ZIP: .?.\4+()ll
I}i THE CTRCUIT COURT OF TEIE 15'" JUDTCTAT CIRCUTT,
rN A}qD FOR PALM BEACII couNTY, FLORTDA
Deutsche Bank
Plaint i fi
Case No. 50200BCAO173B4XXXMB
V. AW Division

Moi-iica Zapata, Affidavit in Support of


Defendant Order to Show Cause

AE"FTDAVTX' IN SUPPORT OF' ORDER TO SHOBI CAUSE


FOR. INDIRECT CR.IMINAJ. CONTEMT

My name is l4ichael F. Olenick I am a resident of Palm


Beach County.

I am the co-founder a small business that, among other


activities, a,nalyzes foreclosure case information"
3. M.7 ccll eague Lisa Epstein brought the above-captioned case
tc my attention and asked me to search for others that fit
the same fact pattern: docket entrles that prove non-
ccmpliance with court orders that mandate mediation or
ccnciliation.
My research uncovered other incidences of non-compl-iance tc
medj ation and conciliation orders. My engineeri-ng wor"k is
onqoing. Earty analysis indicates that the non-compliance
errident in ihis specif ic case is not an isolated inci dent.
Wtiile there is no requirement for standing to petition the
Court to issue an order to show cause for indirect criminal
contempt, blatant disregard for the authority of our
judiciary has a ripple effect that affects the entire
comrnunity. Contempt is a crime andn like any crime wave/
erodes the security and well-being of every person in the
crime*infected neighborhood-
I am willing to share the findings of my research, either
in summary form or in as much detail as requestedn with the
Court and/or law enforcement.
Under penaity of perj ury, to the best of my knowledge and
beLief, I declare the above information to be true.

F - ;.1 . 7s; i.*-t


Michael Oleni-ck Date

STATE OF FLORTDA
COUNTY OF' PALM BEACH
i
Sworn Lo (or affirmed) and subscribed before me *is ,!t/ day
of , 20L0, by Michael Olenick

BE}{JAhNI?{ Pt{iJIPg
NOTARVPi.!8L9C
STATE OF FLORIOA
coqwn#EE0S{8{0
Epires 6r2Snfi4

Personally known

Produced Identif ication


-_-?:Q-.*icC.3
Type of Iclentificati-on Produced fo- 1-**c.rr"n:a-
rN TI{E CIR.CUIT COURT OF THE 15Tg JI'DICIAT CIRCUIT,
rtd AND FOR PAIM BEACIT COUNTY, FLORTDA

Deutsche Bank, )

Plaintiff )

) Case No- 50200BCAO173B4XXXMB


v. ) AW Division
)

Monica Zapata, ) Affidavit of Lisa Epstein


Defendant ) re Indirect Criminal
) ContemPt

Af,fj:davit of Lisa Epstein, A Person llaving Knowledge of, the Facts,


pursuant to FLorida RuLes of Crisrinal Frocedure Rule 3-840 Indirect
Cniminal Contelnpt.

State of Fl-orida
County of FaLm Beaeh

tsefore R€, the undersigrned authority, personaJ-ly appeared tisa


Epstein, who upon first beinE duly sworn on oath, deposes and says:

1. My name is Lisa Epstein,


2. I am. not an atiorneY.
3. I am a person with personal knowledge of the facts contained
i-n r-,hrs af fidavit.
4. I represent neither par:ty to this action.
5. I am an adult- citizen of the United States, who has lived in
Paim Beach County, Elorida for the past lhirteen years.

Affidavil of Lisa Epstein: fndirect Crim. Contempt


Deutsche Bank v. Zapata, Case No. 50200BCA017384XXXMB Page 1
I am committed to the concepts of social, leqal, and economic
justicen particularly with respect to the forecfosure crrsis
affecting America today.
1 . I value the freedoms and rigrhts afforded to Amerrcan
c.i i i zons hrl the U. S. Constitution.
B. I value the freedoms and rights afforded t-o the citizens of
Florida in fhe Constitution of the State of Slorida including the
rights of due process delineated in Section II and Section IX.
9- I value the rig'ht to live in a state where there exists a

separation of powers between the executive, legislative, and

judicial branch.
10. I belj-eve it' is vltal to our community, our country/ and to
every American to ensure access to a judicia::y free from
political pressure, even when driven by perceived pressing
economic interests. Economically driven political pressure on

the judiciary such as the pressure from the Florida l,egislatu::e


urcon the Florida Supreme Court to .set. a goal of a 62% reduction
in foreclosure case backlog within a short time frame is
reminiscent of the manipulation of the judiciary by the Krng of
England against which our founding fathers complained of when

t.hey penned the Decfaration of fnciependence. These concerns fed


t,c the bedrock const.itutional principle of independent courts, a

core balance of power at the federal and state level.


11 - I value the right to live in a conmunity where there exists
an expectation of compliance with orders by the courts of tlie
state.

Affidavit of Lisa Epstein: fndirec*, Crim. Contempt


Deutsche Bank v. Zapata, Case No. 50200BCA017384XXXMB Page 2
72. I am the mother of a belo',red American child who will grow

L.p to inherit the rotten fruits of the current American


foreclosure crisis.
13. I am a reqistered nurse who has taken a solemn and sacred
oa.th 1-.o devote myself to those committed to my care.
L4 " I am dedicated to the ethical ideological theory of social
responsibility which includes helping others meet the most basic
needs of alL living things-food, water, and shelter.
15. I have personally observed over 1,000 foreclosure hearings
in the 15th Judicial Circuit, in and for Palm Beach County,
Florida.
16. I have seen al1 walks of society lose their homes, many

without- alLernative housing options. f wa tch them all; Lre

families with yolrnq children, the disabled, hard-working or newl-y

unempJ-oyed, the men/ the women, all et.hnicities, all agles, and

tneir affected animal companions. The most horrifying is the


elderly, some in their BOs and 90s, whose homes were fully paid
off n yet v/ere fured into over-inflated, teaser rate foans, and

n3w are in foreclosure. Some of these older FloriCians have no


livingi children, no lifespan l-eft in which to recover from thr s

economic blor,^r, and no place to gio. I question daily how we as a

society can treat our citizens of all ages, and our befoved pets
this rlay, evictinq them from the only homes they know.

I1. I offer emotional support to thousands of people impacted


by the foreclosure crisis across our nation, vi a phone, emaii,
online/ prayer/ and in person.

Affidavit of l,isa Epstei-n: fndirect Crim. Contempt


Deut-sche Bank v. Zapata, Case No" 50200BCA017384XXXMB D:na ?
18. Although I am not an attorney/ I have acted as an

"Interested Person" pursuant to Ffa.R.Civ . Pro I - 420 (e) (U. S. Bank


v Savola PB Case No. 502007CA008051) and an Amicus Curiae (e"9.'
HSBC Bank v Santlago No: 502008CAO16305) in several foreclosure
cases.
Ig. I have submitted comments to the Florida Supreme Court Task

Force on Residential Foreclosure Cases SC09-54 & SC09-i460.


20. I spent numerous hours and great effort towards the defeat
of the ncn-jud.icial foreclosure bills H81523 and S82270.

2\. f have hosted strategic sessions for: those who are equally
concerned about America's Foreclosure Crisis. These have been in

the forn of social gatherings" forma] seminars, small group


meetinqsn etc-
22. I have notified chief Judqre Peter Blanc of my reports of

incidents of foreclosure Plaintiffs' faw firms' misconduct- to


nlany regulatory and enforcemenr' agencies including but not

limited to, the Professional Committee of the Palm Beach County


Bar Association" the Florida Bar, Office of the Attorney General,
FDLE/ the U.S. Department of Justice, the FBI, FINRA' the OCC,

the SEC, the FDIC, SIGTARP' etc..

23. I have observed contemptuous behavior on the part of many

high-volume forecfosure Plaintlff 1aw f.irms, specifically,


multipl e egregi 611s violations of Court Orders otherwise termed
"f ndirecl- Criminal Contempt".

Affidavit of Lisa Epstein: Indirect Crim. Contempt


Der-it.sche Bank v. Zapata, Case No. 5A2A0BCA01-I3B4XXXMB Page 4
24. I am aware of the great burden that Wall Street's reckless
gamble has placed squarely on the back of Florida's judiciary.
25 - The 15th Judicial Circuit foreclosure electr:onic docket lags
up to ei-ght weeks behind the filing of a pleading. A pleading
filed today miEht be added to the computerized docket in six to
eight weeks, after which" there is an additional four lo six week

lag before the pleading is fited in the hard copy court file.
The foreclosure Plaintiff law firms are notorious for their lack
of nolifying defendants or their counsel
26 - In the spring 201-0 session, Florida' s legislatu,re re j ected

legislation written by the Florida Bankers Association which, if


passed, woufd have removed new foreclosure cases from t-he cou::t
system unless the homeowner was able to pay up to $1,900 in
filing fees in addit.ion to palzing for legal fees. By rejecting
this Iegislation, the Florida legislature soundly rejected the
Florida Banker Associations' attempt at jettisoning the due

process rigihts of Floridians.


21 - Fiorida's legislature allocated a one*time statewide
allocation of funds to be distributed throughout the Florida's
court system. The 15th Judicial Circuit received two allotments:
$540,C00 earmarked to cover salaries of two senior ludges anC six
c,r.se manaqer,s; $403,000 to fund document management tasks -

28 " Il is increasingly apparent that these funds were

exclusively budgeted to fund the newly evolved "rocket-docket"


slzstem of for eclosure case dispensation without any consideratior-t
given to monitori-ng compliance with Florida law, principles of

Affidarrit of Lisa Epstein: Indirect Crim. Contempt


Agf{Elne_ Bg4_v._lepgle, Case No. 50200BCAO173B4XXX!1B Drna q
equity, or the mandatory Florida Supreme Court Foreclosure Task
Force's orders in AOSC09-54 and SCO9-1460. These two orders were
craftecl after a year of careful consideration and effort by che

members of the Task Force and Supreme Court Judges who took the

Llnusual and signifj-cant action of requiring mediation in specific


cases and amending the Rules of Civil Procedure for forecfosure
Furthermore, it is increasingly apparent that the

i:udgei-ary priority is flip-flopped- The dramatic acceleration of


foreclosure sunmary judgment hearings is aggravatinq ttre
catastrcphic legal outcomes of the preexisting and growing
backlogi of documents neither docketed nor filed.
29. Confidence in the docket's deplction of case actirrity has

C,eteriorated to the point that hearings and d-eadlines a::e missed,


effectively eliminatinq opportunities to move for a rehearing' to
oppose a pleading, to t.imely file responses or obiections, to
move to vacate a sale, and,/or to file for an appeal'
30. In this specific case/ Deutsche Bank v- Zapata, Case No

502O08CAO173B4XXXMB, the parties were ordered to mediation.

31. Before mediatron, the plaintiff, by and through counsel


tee Law Offices of David J. Stern, ted by Florida Artorney David
'r Qiorn
rLU!r1, .ol d the house in direct
r violation of this Court/ s

order" as evidenced conclusively by the record-


32. I"1r . Stern and/ or Florida tviediation Group, Inc . , sent
letter indicating to Ms. Zapata the mediation fee structure/
accept.able payment methods/ and led her to believe that she was

Affidavit of Lisa Epstein: fndirect Crim. Contempt


lgutrcls_Esn!__y. Zapata, Case No. 50200BCAO173B4XXXMB
Dta.- i.,
-qY-
responsible for mediation fees despite Judge Roger Colton's order
to the contrary.
33. Mr. Stern is a high-volume foreclosure filer who presumably

is aware that plaint.iffs in owner-occupied foreclosures bear the


sole burden of fronting mediation fees pursuant to Florida
Supreme Court Administrative Order AOSC09-54.
34. Mr. Stern is a high-volume foreclosure filer who presumably
is aware cf the f act t.hat f oreclosure cases init iated prior t-o

the effective date of the Flor:ida Supreme Court Administral-ive


Order AOSC09-54 may be court ordered to mediation and the upfront
palment of the mediation costs to be borne by the party or
parties at the discretion of the presiding judge-
35. Florida Mediation Group, Inc. presumably is aware of the
fact that foreclosure mediation of owner-occupied foreclosures is
fronted solely by the plaintiff pursuant to Florida Supreme Court
Adn,inistra.Live Order AOSC09-54. Certified mediators have the
lesponsibility to read and follow the Courts' Orders.
36. Elorida Mediation Group, Inc. presumably is aware of the
fact that foreclosure mediation of owner-occupied foreclosures is
fronted solely by the ptaintiff pursuant to the December 28, 2009

Florida Supreme Court Administrative Order AOSC09-54.

31 Florida Mediation Group, inc. presumably is aware of the


fact that forecl osure cases initiated prior to the effective date
of the Florida Supreme Court Administrative Order AOSC09-54 may

be court ordered to mediation and the upfront payment of the

Affidavit of Lisa Epstein: fndirect Crim. Contempt


Deutsche Bank v. Zapatan Case No. 50200BCAO173B4XXXMB Pagie 1
nediation costs to be borne by the party or parties at the
discretion of the presiding' judge.
38. The evidence on the docket as well- as the Notice of
Mediation prove definitively that Deutsche Bank, the Law Offices
of David J. Stern, Mr- Stern himself as lead attor:ney of the Law

Cffices or David J. Stern, and/or Florida Mediation Gro.ipo fnc.


intentionally and knowi-nqlly wiolaLed a courb order, a crixne
defined by FL Crim. Stat. Sec. 3.840, Indirect Crlminal Contempt.
of, JudEe RcEer CoLton" s a/L/ZAAA Order for Mediation to occur
within 60 days at the pJ-aintiff's expense. See .Appendix &-

llow f Ca:ne Upon Ttris Knowledgre

I am a foreclosure crisis activist, a consumer advocate, and

air investor advocate. I spend a great deal of time, attention,


and effort focusinq on America's foreclosure crisis. I am

witnessing its deleterious effects on my community, my stale, [y


country, my fellow citizens, and, on the state and federal levei,
oi.ir three branches of government, our law enforcement agencies /
anci our regulatory agencies.
2 - I am deeply affected by the immeasurable human misery caused

egually by the julienning, rebundling, derivitizrnq, and shorting


of securitized mcrtqa-ge. In an attempt to fessen the global
economic damage, the U.S- Treasury and the U.S. Senate/ over'uhe
objections of the U. S. House of Representative doled out a

Affidavit of Lisa Epstein : Indirect Crim. Contempt


Deutsche Bank v. ZapaLa, Case No. 5C2008CA01?3B4XXXMB Page B
$700,000,000-000 in a bailout- benefitting only one party to the
mortgage contract. This interference effectively guillotined the
right of every mo-rtgagee to negotiate with an insoLvent bank

reaCy tc cut its losses by reducing individual loan principal


bafances. This bailout of one party to the subject- contract was

followed by a diametrically opposed governmental response towards


the other party to the subject contract; lethargic, apathetic,
ineffective governmental programs that reek of corrupLion and
favoritism towards the bailed out party.
3. As part of my activities I founded a popular website,
Foreclosu,reHaml-et . org - The site is dedicated to supporting,
informing, and connecting people affected by the foreclosure
crisis, creating ongoing roundtab.l-e discussions about the related
s:cial, ethical, moral issues, and empowering all to defend their
fanily hones during these perilous times in our country"
4- Ms- Monica Zapatar a person unknown to me/ contacted another
m,-mber of my website via emai] seeking informati-on and quidance:

Our home went an sa-Ze today and I really need

your guldance and help with afI this. I don't


even knovr how long they give us to move out and I
have smaf I chil-dren. This js a very horribLe
and sad time for our famiJy and reaTly need help!
5. The original recipient of Ms. ZapaLa's email ::ecommencied

several exceilent foreclosure defense attorneys in Palm Beach


County, Florida. With Ms- Zapata/s consent, a copy of this

Affidavit of Lisa trpstein: fndirect Crim. Contempt


p_gglrrhtenL v" Zapata, Case No. 50200BCA017384XXXMB Page 9
responsive email was forwarded to me I immediately openeci the
link to the Palm Beach County ClerkConnect website. I then did a

search for Ms- Zapatat s docket (Case No. 502008CA0173BAXXXXPIB),

whi ch can be f or:nd at the URL ! f trii llt,111il !_,:::lt: i _:l_._1l-jl1l_


119agli,-i.-i ,-:t!!i,,),!-|-Ji-,frl-:.f- pti!i.+!-. !]iy,$9q1-"-..p---!,t<!!Iii.,-Ll.ii:ig! jlt4t:.ti.q:i
&carir i d--:ti:iiJCli CAt) I7:iB4i;:{X,ii'4i}.iL:e;1in rlaLi:.=r-511 -i ,!.1 1--6-=-

5. Scrolling down the docket, j-t, becanae apparent r-trat. there had

been a violation of this Court's Mediat.ion Order,' Ms. Zapataos


hotrse had -i"n fact been solcd before Court. ordered. inediaLi-on. I
befieve that this Court's Order was issued pursuant to an Order
of the Florida Supreme Coui:t No. AOSC09-54 which became effective
f or all res idential f oreclosure cases on Decernber 28 , 20A9 . The

plaintiff, oy and through the many attorneys of record and

various local freelance counselo the l,aw Offices of David Stern


has intent-ronally, and with knowledge aforelhought disregarded
two Court OrCers. Specifically, the record reflects a lack of
compliance with the Order of the Circuit CourL Judgie Roqler Colton
i n ltis. Zapata' s case and the Adininistrative Order of the Fiori-da
Supreme Court No. AOSCO9-54.

I pei:sonall-y reviewed the ClerkConnect docket for Ms.

Zapata/ s case and personally researched the fact.s I present in


tlris af f idavit -

On April 1,20IA, a hearing was held on Plaintiff's Motion


for Sunmary Judgment. On the date of summary judgment-,
Plaintiff, by and through their counsel, filed a notice of filirrq
the original documents in, what is understanding as a non-lawyer,

Affidavit of Lisa Epstein: Indirect Crim. Contempt


Deutsche Bank rr" Zapata, Case No. 50200BCAO173B4XXXIVB Page lC
a cirect vioiation of Fla"R.civ.Pro 1"510(c) and verizzo v' Bank

o-f l/, y. 2B 5; 2070 Ffa. See Docket entry #23 . Beth


So " 3d 97

cerni, employee of The Law offices of Davicl stern executed the

critical MERS assignment of mortgage' Se Appendix B" which

pursuant to the recent 5th DCA's opinion is the fulcmm upon vihich
p-l-aintiff . s nusl establish standing to foreclose in "that the
w]:itten assignment of the note and mortgage from MERS to DeutscLie

Bank properly transferred the note and mortgage to Deutsche Bank'


eaa ,r,:rti
JCU tQy nr
LvL rr
v Deutsche Bank 5D0g-40i5, Ms. Cerni executed

hunclreds, ai not thousands, of these assignments of mortgaeie


assigning pr:opert.y from MERS to her employer's client. Another

assignment of mortgage executed by Beth Cerni appears to bear a


slgn_ature lhal, qreatly differs from her signature on the document
wliich was r:elied upon to f oreclose upon Ms. Zapata' s f amily home "

See Appendix C.
Despite the f,aeL tl'lat Ms. f,apaLa was ef,fectlveJ"y denied her
ri.Eht, to cor.rrt ordered mediation on August 2, 201"0 / Ms. Eapata's
Frome" t*.here she lives wj-th her fainily, including three children,

was sond to Detetsche Bank f,or $200. Ano'uher Florida fanJ-ly has

lcst ttrein horce despiEe the f,aet that critieal evidence ecas

br:ought to the $ufiIgtary 3udEnment hearing preeludinE any canef,tll


examination or objeetions. ,\not}.er Florida fannily hras lost their

i:o med-iation. Anothe:c Fl-orida fami].y tras lost ttreir brome despite

ttrefactthatt'heassiEramentofmorLEagewasofdt.lbious
autrrenticity"

Affidavit of Lisa trpstein: Indirect crim. contempt r)erta I


n,eg!:glg eggEf.--Z19pg!gn Case No - 50200BCA0il 3B4XXXMB I
10. Per the subject mortgage filed by Plaintiff's counsel, the
MERS ylIN # is 10005352 5A37656261 , found at the MERS@ Servicer

I,lentification System which has the URL address ]-r_tlpiiiz'"r1v_L_.tI:-.JI:

-:11;13..Y1q9
r- j'-1
: !,fJi 1- 1 -.-
t /
11. The results of a search by the above MERS MIN on the look
up tool are copied here- See Appendix D. The role of Deutsche

Bank, the Plaintiff in this action is unclear, as it is neither


the servicer nor the investor of the subject loan. It is exactly

this scenario t.hat the Florj-da Supreme Court addresses in its


Arnencl-ment to the Florida Rules of Civil Procedure No. SCO9-15'79,

wlrich unforturnately post-dates the fil j-ng of this case.

"Rufe 1.110 (b) is amended to require verification


of mortgage forecfosure compLaints involving
residentiaL reaT propetty. The primary' purposes
of thj-s amendment are (1) to p>tovide incelzXiwe
for Xhe plaintiff to ap>prcprj,at-.ely investigate
and^ verify J-ts ownetship af th,e note or tight to
enforee the note aad eilsure that t}:.e aTTegaxioms
in the eoryTainx are accuraxe; (2) to conserve
judiciaT resources that are currentTy being
wasted on inappropriateJy pTead-ed "-Zost no!:e"
counts and j-nconsj,stemt aTTegations; (3) to
prevent the wasting of jwdieial- resources and

harm Xo defendants resuJ.ting from suits brawght


by pJ.aintj,f,,fs noX entitLed to enforce the naxe;

Affidavit of Lisa Epstein: Indirect Crim- Contempt


lgulqche_ggnk v. Zapata, Case No. 502008CA01-73B4XXXMB
Dano 1,
and (4) to give triaf courts greater auLhoriLy to
sanction pJ-aintj,ffs who .make false aTTeqatioms"

MIN: 1000 535-2503165 626-'1 Note Date: 05/3L /2006 MIN Status : Acti-ve
Servicer : !iti:! git]j-:C i,lg-: _l 4 Phone: (800) 166*4622
WaterJ-cion IA
Investc)r: Impac Mci:1'-gage Holdings fnc. Phone: (800) 597-410i
Irv-i.ne, CA

L2. Seven docke"t- entries are listed f or April 1, 20]-0 in


Deutsche Bank v Zapata- Included in these seven docket entries
al:e the orders granted by the Honorable Seni-or Judge Roger

Cclton- One of these orders qranted mediation to be scheduled to


occul within 60 <lays (docket entry #21). Judge Colion's order

did not specrfy which pariy or parties wele to attend the


medi-ation conference on behalf of the Plaintiff, Deutsche Bank,

GiqAC Mortgage, LLC, or Impac Mortgagie Holdings, Inc. The same

day lhe Ccurt also granted. final- judgment and ordered t-hat a
Notice of -Sa.le be pubtished. on July 15 and 23, 2010 to advertise
tlre saie d.ate set on August 2, 2070 (Docket Entry +26) , which
ol:vior-r.s1y erodes Monica's negotiating power j-n rnediation.
L3 " As the sale process moved forward Lhere were several
docketed entr:ies indicatinq mediation was scheduled and
rescheCuletl on August 3, 2010 (one day after August 2, }OLO, the
scheduled sale date) changed to July 14,20L0, and then changed
aqain 3nd noticed for August 3,2010. See Appendix E for the
docket. See Appendix F for lhe August 3, 20!0 Notice of

Mediation Conference Date. See Appendix G for Notice of Change

Affid"avit cf Lisa Epstein: Indirect Crim- Contempt


!eE!_e!.\9-Eeg-!-4s!e!-e, case No . 5C2 0 0BcAO il 3B 4XXXMB P:t(]e lJ
of Mediar-icn Conference to Jul1z 74, 2010. See Appendix H for:
A.rgrust i, 2010 Notice of MediaLion. The plaintif,f , by and

+:l-r^rouqh eounsel , alJ-owed the sale to occur on August 2, 20L0 in


To the best of mY
belief anci knowledge, based on an in-person inquiry of clerk
si,aff "Kathleen" on August 2, 20t0, +,he Plaintj-ff purchased the
house for $200 at an online auction. The bid slleet was docket-ed

on docket entry #31.


L4. A specific Cle::kConnect Cocket report can be run using data
f :.etd criteria as follcws: c::der of mediation, finai judgmenL'

notice of mediation. mediation report, and certificate of title'


I revievreci such a report and it clearly reveais a pattern of
qgrjlglnp!_of both circuit court judges' orders and Florlda Supreme
Court Adninrstralive Order No. AOSC09-54. I obtained a printout
ri such a report to do background research into wha,t Ms. Zapata
had experienced. Despite the existence of the i5th Judiciat
Cj,r-cuit's sepalate foreclosure "rocket-docket" eiectronic
schedullng system, the ClerkConnect website is the sole

el.ectronic docl<et i rel-ied upon to create a list of forecfosure


cases r,vhere mediati-on was orderecl at the summary judglment hearingt
and a ccntemporaneous order qrantingi final judqment favor of the

Piaintiff was entered cn the same date" within the two-minuie

"rocket-ciocket" summary judgmenl- hearing:.


15. On August 7l , 2OIA, in preparation for filing this
aff-dav:--u, I obtained the computer printout for the mediation
conference that lvas sent Lo Ms. Zapata. This document is

Affj-davit of Lisa Epstein: Indirect Crim. Contempt


!. , Case No. 502008CA017384XXXMts Pace i 4
unquestionably materialty misleading in that it details medration
fees and payment details but omits the criLical fact that the
plainLiffs front this cost for defendants who resi de in the
subject ProPertY. See APPendix I'
L6. Court orders we.re violated. The docket entries show that
that the plaintiff, and,/or other parties who are lepresented by a

person who, per the Fla. supreme court, "has full authority to
setr-l-e and who can bind the plaintiff to any mediated settiement
aqreement" violated an order of this court. The 15th Judicial

Cir:cuit has an alternate docketi-ng system f or schedulinq

foreclosure case hearings located at the URL address

h--tp: / /I'L]ncircuit. co.palm-beaclr. f l.us/web/divisionaw/home ' I

logged in to this separate AW Foreclosure docketing system to


checkforanyschedulecJhearingsthatmaynothavebeen
C(fntemporaneously entered into the clerk,s docket. There were no

h(larings, past or present, Iisted on the alternale

schedul-ing/docketing system for the above styled case '


LT.TheeventsofthisforeclosureCaSewereofgreatinterest
tomeaStheyalerepresentativeofanoftrepeatedpattern.
Tlere is m-uch wo::k to do -

laTno1-.i.tionthecourtto.inthewordsofFlorida'sSupreme
f 0. r PL er-

Ccurto.'V-indicatetheauthorityoftheCourtortopunish
otherwise for conduct- offensj-ve to the public in violation of an
order of the coul:t." Pugliese v. Pugliese, 34'l, So.2d 422 at 424'

Affidavit of Lisa EPstein : Indirect Crim. ContemPt


Der.rtsche Bank v. ZaPata' Case lJo. 502A0BCAOi73B4XXX}"iB
9^da I a
FURTHER AFFIANT SAYETH NAUGHT-

West Palm Beacho FL 33413


E-Mail:
ForeclosureHamf et Ggmail . com

T4* foregoing instrument was subscribed and sworn to before me this


N'.1 auy of August 2010" by Lisa Epstein who provided identl fication.
,'trr
4"4
zil
l!.s-

8FI'{JAMIN PHILI,JPS
NOTARYPUAUC
STATE OFFTORH}A
Signature of Notary public,
Conrr#EEm18t0
Slate of F]orida
Expires 6i282014

Written Name of Notary pubiic,


State of F]orida

Affidavit of Lisa Epstein : Indirect Crim. Contempt


P_eutsche Bank v. Zapefg, Case No. 50200BCAO173B4XXXMts a -.^^
fduc 1 t
_L L-
Appendix

Appendi,-x A: 1/7/2070 Order On Mediation by Judgie Roger Colton


Appendi-x B: Zapata Assignment of Mortgaqe signed by Beth cerni
Appendi-x C: Assignment of Mortgiage signed by Beth Cerni
Appendix D; screen shot of MERS MiN tool for sub;ect mortgagie

Appendix E: Deutsche Bank v Zapata Dockel


Appendi,x F: B/3/2010 Notice of Mediation Conference
Appendi-x G: Notice of Change of Mediation Conference to 1 /74/207A
Append:x H: 8/3/2010 Notice of Mediation
Appendi..x I: Notice of Change of Mediation Conf erence w/Fee Structure

Affidavit of Lisa Epstein: Indi::ect Crim- Contempt


Deutsche Bank v- Zapata, Case No. 5020OBCA0173B4XXXMB Page I1

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