Professional Documents
Culture Documents
Motion For Stay of Proceeding (Alissa Brinkley)
Motion For Stay of Proceeding (Alissa Brinkley)
rn ~"llnT
COMES NOW, The Defendant, Alissa Brinkley, in the above-entitled action respectfully moves this
Court, to Stay all further post judgment matters, proceeding of this lawsuit, and scheduled sale,
currently litigated by the alleged Plaintiff BANK OF NEW YORK AS vs. ALISSA BRINKLEY, ET AL,
The Defendant, Alissa Brinkley, on August 26, 2010 filed with the Court a Notice Of Initiating
Complaint With The Attorney General Of Connecticut, alleging and claiming acts of fraud and
misconduct by the alleged Plaintiff Bank Of New York. The defendant, prior to the wide-spread,
recent nationwide discovery of foreclosure fraud by lenders and large scale foreclosure mill law firms,
filed such legal "notice" and complained of such similar unconscionable conduct.
In the midst of the recent U.S. upheaval regarding Foreclosure Fraud, and pressures from State
Attorney Generals, and other legislators, many banks have announced that they are voluntarily
Media outlets all across America have been reporting breaking news of the epic, historical
foreclosure fraud crisis spreading like a plaque throughout essentially every city in the United States.
It has been very recently revealed and discovered, that several lenders filed fraudulent foreclosure
'f· .
, ,
(2)
:,'
Multiple signers have been caught claiming to be the same person, and legal papers bearing the
same name, but with completely different, non-matching signatures. These are just a few of the
fraudulent and unlawful acts that have impeded the administration of justice and the preservation of
'The Defendant, Alissa Brinkley, in preserving and protecting her own rights promised under the
United States Constitution and the State Of Connecticut, respectfully moves this Honorable Court to
·i.\
StaY-and Halt all further, and pending matters, particularly the scheduled foreclosure sale and law
date of Saturday, October 30, 2010 from going forward pending the further full and complete
investigation and resolution of matters of foreclosure fraud involving alleged lender Bank Of New York
Shockingly, Hunt Leibert Jacobson, PC began and filed this foreclosure action on August 29,
, ':,.
2007 in the name of Bank Of New York As Trustee, despite the fact that said entity Bank Of New
, ,
j ~ t-, ' .
York was already dead and ceased to exist on July 1, 2007. Importantly and relevantly, this lawsuit
k'ow directly ties Connecticut and this court to the fraudulent poison that has been running through the
veins of every court in Florida and other U.S. states. Defendant, Alissa Brinkley, and her lawyer,
; I"j" .',
experts and consultants have just this week discovered new evidence marrying the highly publicized
fb'r~~losure crimes of Florida to this case and Superior Court Of Stamford, Connecticut.
i :
','Two Fraudulent and legally void Assignments Of Mortgage, and an equally fraudulent and void
A'ffidavit Of Debt have been filed in this matter by Hunt Leibert Jacobson, PC purportedly on behalf 6f
It~"';dead bank" client Bank Of New York. The stated legal documents were executed and allegedly
sworn under oath by Erica Johnson Seck. Historically, thanks to Judge Arthur Schack of the
. '
Supreme Court of Kings County, New York, and lawyer Thomas E. Ice of Ice Legal, P.A., West Palm
,.-
Beach, Florida, leaders in the early detection of Foreclosure Fraud in our United States Courts, Erica
c!· \' :;~
Johnson Seck's frequent fraudulent, and/or criminal construction and signing of false and/or illegal
(3)
documents has been exposed. Judge Schack has over the past year systematically Dismissed With
Prejudice numerous foreclosure lawsuits due to Plaintiff misconduct. In the matter of Deutsche Bank
vs. Harris {Kings County, Index No. 39192/2007 (05 Feb 2008)} Judge Schack was particularly
froubled by the purported assignment to Deutsche Bank of 10/23/2007, and the conflicting sworn
accounts as to the identity and role of Erica Johnson Seck. Judge Schack in this case expressed
further dismay that Erica Johnson Seck, who professes to be a Vice President of Deutsche Bank,
executed the alleged affidavit in Williamson County, Texas, rather than in Pasadena, California whe're
both the grantor and grantee represented to be headquartered. In strikingly similar act of deception,'
Erica Johnson Seck in the Alissa Brinkley case executed two (2) distinctly different Assignments Of
Mortgage, on different dates, claiming to be Vice President of lndymac Bank, with its offices located
(': t'!:' ; )
in Flint, Michigan, although she and the notary Josie Salazar conflictingly swear under oath that Erica
/ndymac Federal Bank, FSB vs. Israel A Machado (Case No. 50-2008-CA-037322XXXX MB AW) In
! :
th~ 15 th
Judicial Circuit Court in Palm Beach County, Florida. Erica Johnson Seck testifies under oath
iksaid deposition that she signs nearly 1,000 Affidavits Of Debt and Assignments Of Mortgage a
~~ek, without reading any of them and having any "personal knowledge" (Erica Johnson Seck
b~postion of July 9,2009, pg. 13, lines 11-25 & pg. 14, lines 1-15) [Exhibit A]. Attorney Thomas Ice
was successful in said deposition in getting Erica Johnson Seck to confess that the stated legal
documents she allegedly signs are not executed in front of a state notary or the professed witnesses.
f'he sworn testimony by Ms. Seck is admission that she knowingly took part in the unlawful
I
. i (' ~
racketeering conduct of fraud factories, creating illegal documents for the purposes of deceiving
United States Courts, and having its judges grant foreclosures based on innocent reliance on such
iH~truments of fraud. All such Affidavits Of Debt and Assignment Of Mortgages as described abov~
,i l'
and filed in this Connecticut
(4)
.::\
I' .
Foreclosure Lawsuit are legally void as a matter of law in both the states of Florida and Connecticut
(Erica Johnson Seck Depostion of July 9,2009, pg. 17, lines 18-25 & pg. 18, lines 1-10) [Exhibit B].
In the famous deposition conducted by Thomas E. Ice, Esq., Ms. Seck bizarrely further confesses to
Attorney Ice that she knowingly has signed legal documents in foreclosure lawsuits on behalf of non-
: .
existent entities.
·+Baseo upon the convincing factual examples and showing of Unconscionable Conduct that have
poisoned this lawsuit, and have caused voluminous foreclosure lawsuits to be dismissed with
prejudice in the states of Florida and New York, The Defendant Objects to this Honorable Court
allowing the alleged Plaintiff, Bank Of New York, et ai, to proceed any further, with any and all
matters, and said foreclosure auction, until such time that the Attorney General Of Connecticut,
arid/or other necessary state or federal authorities deeply and completely investigate the maliciou~
i J-_.,
acts and practices made and taken to seek unlawful foreclosure on Alissa Brinkley.
;,
The Office Of The Attorney General Of Connecticut has confirmed that it is in the process of
'.';.\":
conducting an investigation and complex query into this above-cited "Brinkley" foreclosure matter.
")~'f '
The Defendant filed legal "notice" with this Court on August 26,2010, and August 27,2010
respectively, that she was initiating formal complaints with the office of the Attorney General. The
Attorney General Of Connecticut has since opened a public inquiry into this matter, and officially
assiqned case number 363702 to probe the respectful Demands for Investigation served by Alissa
:::i'
Brinkley.
If the alleged Plaintiff is permitted to continue and conclude its alleged unlawful foreclosure action
and scheduled auction, the rights of defendant, Alissa Brinkley, will be seriously and irreversibly
.,1.
(5)
The known calculated reprehensible actions taken in this case by Hunt Leibert Jacobson, PC
professedly along with its "deceased & non-existent" partner Bank Of New York are detestable,
unfair, unethical, unconscionable, inexcusable, and a violation of the Connecticut Unfair Trade
i >.
Practices Act, C.G.S. Sec. 42-11 O(b). Such unconscionable conduct administered by any party in
Connecticut has been clearly held by our Supreme Court to be grounds to withhold foreclosure.
WHEREFORE, based on the foregoing, the Defendant, Alissa. Brinkley, respectfully asks the
,;'
Superior Court of Stamford Connecticut to cancel the scheduled foreclosure auction of October 30,
2010, and stay all further matters concerning this lawsuit pending the outcome of the investigation by
the Attorney General Of Connecticut, and/or other appropriate authorities of this matter, and other
parallel statewide and national examinations of foreclosure fraud. The Defendant will now need
extensive time to seek further experts and or counsel, and based on all the above, this unlawful
action should be Dismissed With Prejudice. For this foreclosure auction to take place on October 30,
2510 after discovery of all the above described and presented acts of fraud, would be a complete
f~ilLJreand breakdown of our legal system, and a foreclosure on the constitutional rights of the
I ,'~ I '
American People .
.~
..i
The Defendant
';1,
Alissa Brinkley
41 Wolfpit Ave, #7-6 '-':"'\
;•.~ (" : !
Norwalk, CT 06851
Tel: (203) 434-7834 Cell
Email: [email protected]
(6)
ORDER
The foregoing Defendant's Motion For Stay Of Proceeding having been presented to the court;
By the Court:
Clerk / Judge
Date of Order: _
CERTIFICA TE OF SERVICE
The Defendant, Alissa Brinkley, hereby certifies that a true and correct copy of the foregoing Motion
For Stay Of Proceeding has been furnished via Fed Ex, USPS Certified Mail and U.S. First
Class Mail on October 20, 2010 to the office of the Plaintiff's counsel Hunt Leibert, Jacobson,
PC, at the address of 50 Weston St, Hartford, CT 06120.
:Difendants Counsell
David Scalzi, Esq.
921 Stillwater Road
Stamford, CT 06902
Alissa Brinkley -
(7)
NOTARY CERTIFICATION
Of 5tassa 'Brinkfey
STATE OF CONNECTICUT
COUNTY OF FAIRFIELD
Personally appeared, Alissa Brinkley personally known to me (or proved to me on the basis of
satisfactory evidence of identification) to be a person whose name is subscribed to the within
instrument(s) and acknowledged to me that she executed the same in her authorized capacity, and
that by her signature on the instrument the person or the entity upon behalf of which the person
acted, executed that instrument.
" ~
Witnessed, my hand and official seal.
...•..
- -
'-
.
..
:
./:
---:...
::
.; .. ..:..: : .-::-
......... -
..- # '- ::-
:::
seal - '-..-
( - ._. ''--
~ ,
.,
..•...•
......"
STEPHEN F. BORNET
NOTARY PUBLIC
It'( COMMISSION EXPIRES 313112012
Name Of Notary:
~/,-/119 3
My Commission Expires:
i, "
Defendants.
----------------------------------------/
THE DEPOSITION OF
ERICA A. JOHNSON-SECK
VOLUME I
Pages 1 - 84
July 9, 2009
1655 Palm Beach Lakes Boulevard
West Palm Beach, Florida
12:54 p.m. - 2:59 p.m.
REPORTED BY:
Deborah H. Rodgers, CSR
Consor & Associates Reporting & Transcription
1655 Palm Beach Lakes Boulevard, Suite 500
West Palm Beach, Florida 33401
Phone: 561.682.0905
~:nsor& Aseociates
EXHIBIT A-2
Page 13
10 A. Yes.
20 math?
22 750.
1 A. Yes.
3 Affidavits of Debt?
4 A. Yes.
6 included in that?
10 document?
15 A. That's true.
19 Debt
20 A. Yes.
2 arrive?
4 Q. In Austin?
5 A. Yes.
17 A. LPS, yes.
20 desk?
21 A. Yes.
22 Q. In your office?
23 A. Yes.
25 documents?
1 A. No.
3 your office?
4 A. Sometimes.
6 correct?
10 A. That's right.
13 Notaries, correct?
15 to a Notary.
18 A. Yes.