In The Supreme Court of Florida, The Florida Bar V David Stern, Trent Motion Intervene, FL Supreme Court Case No. SC13-643, Sept. 27, 2013
In The Supreme Court of Florida, The Florida Bar V David Stern, Trent Motion Intervene, FL Supreme Court Case No. SC13-643, Sept. 27, 2013
RECE[VED. W27/20l3 |(r41 42. Ilïom» l). 1h11. ( IcrL Suprcme Court
Comes now K.enneth Eric Trent, a Member in good standing of The Florida
Bar, (hereinafter "Movant"), and moves the Court w permit him to testify at the
inal 1learing in the above-styled cause or, in the alternative, to grant him leave to
ntervene. tn support of such requests, Movant shows unto the Court as follows:
Factual Basis
July 2& 2010. alleging ra:npant fraud by Respondent and emplo-,ees olhis firm inthe
of Citimortgage, Inc. v. Dennis Brown, et al., Broward Circuit Court case no. 08
011097. Movant was counsel for the defendants in that case, and received the
Ultimately, this matter was assigned to Bar Counsel Randi Lazarus, (hereinafter
"Bar Counsel"), and the undersigned provided information to her, including the
employee and close associate Cheryl Samons which is attached hereto as Exhibit C.
The undersigned also deposed Ms. Samons and is the only one known to have
19* of this year, Bar Counsel wrote to Movant and 6-8 other persons who had filed
grievances against Respondent, stating that the addressees (including Movant) would
be needed as live witnesses at the final hearing set to begin September 30*. The June
19* email, among other points, emphasized that, "It is my opinion that your live
Regrettably, on August 14*, Bar Counsel wrote to Movant and reversed her
stance as to the necessity of Movant's testimony in this proceeding. (Exhibit D). The
basis for this change was, apparently, an idea that Movant's testimony would be
duplicative. While Bar Counsel has every legal right to exercise her discretion in this
Movant is uniquely positioned to testify about the use of the fraudulent and
fabricated document in the Brown case. Further, by virtue of having brought and
litigated a class action complaint against Respondent arising from and relating to the
Respondent, were not entitled, Movant can provide useful information about the
scope of the practice and the damages sustained by numerous persons who were
3
Further, Movant has observed that these litigation tactics are often utilized by
Respondent and his representatives, in different contexts, to confuse the issues and
subvert the process. Movant is not motivated to file this Motion or to testify by any
prospect ofdirect financial gain or personal benefit. Instead, Movant simply believes
that the judicial system of our state is sorely in need of a fair and just public outcome
in this cause: one that may well deter future like conduct of others motivated to
subvert the process and the rules of evidence for their own selfish ends, and with
While Movant does not have a right to the relief herein sought, it would appear from
this Rule that the complaining witness is generally expected to testify at the final
hearing.
4
While time simply does not permit any further discussion of these matters
within this document, Movant submits that the interests of integrity and justice
By
Kenneth Eric Trent
Fla. Bar No. 693601
Certificate of Service
I certify that copies of the foregoing were served by electronic mail, after
By:
Kenneth Eric Trent
Fla. Bar No. 693601
Exhibit A
rmar onmmmaso
$a "o This space is for rccording purposes only
o uomcm)
ASS]GNMENT OF MORTGAGE
1 T A H E PR E S:
Residing or located nt c/o P.O. BOX 790014, ST, LOUIS, MO 63179 , herein designaicò ns the assignor, for and in
considerationofthesi oFSit ODojl d.other. lan u I consideratiopherecci ictris.hgrcb
acknowfed lhaj ,t covern ]T1È ÑÒ.)cèidt rlacoredat:
P.O. DOX Di,4 OUr 6 ignee, n!pfts c2 e ÓE 0, BROWN
and JOYCE M'B reco in B i. Flo bliÈ 3J02ÌF"elíd pog mbering e property
more panlcularly described as follows:
together with the note und cuch und every other obligdion described in said mortgage and the money disc imd to become disc thereon
TO HAVE AND TO HOLD the same unto lhe said assignec, ils successors and assigns forever, but v.idioti recourse the
undersigned.
In H7tnm H7tcreof ute said Assignor bus hereunto set his hanßnfÑal or caused th prescnLS lo bc Signcd by il5 prope orporate
oMcersandiLScorpomic5cullobcherclonfIlXe hs ayofFebnmry,200 uicifectiveaso ay truary,2008.
ATTEST: DY:
.. . PR]NTNAMF' .HERYL SAMONS
WITNES. TITLE3'. STANTSECRETARY
PrintNdme. B
W1TNESS
Prín1Nome: 7'm
STATE OF FLOR1DA
COUNTY OF BROWARD
PERSONALLY APPEARED BEFORE ME, the undersigned outhority in and for the aforcsoid county innd stwe, on 1his
the. _ day ofFebmary, 2009 within my jurisdiction, the within named CHERYL SAMONS who is personany known so me and
who (teknowledged to me that (s)he is ASSISTANT SECRETARY onti that for and on behalf of MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC. and as its act and deed (s)hc executed the above and foregaing in ments wiur , aving been
duly auchorizeti by MORTGAGE ELECTRONIC REGlSTRATION SYSTEMS, INC. to do so.
WlTNESS my hand and official seal in the Coimty and Sinic inst oforesaid 1hls Ê ay ofFehnmry. 00 ,
NOTARYPU C
p 96942
RECOgo e9esea7-aa7
BROW 10'0915no:22
p CLERK30 5COMMlSSION
mum a v o rraiuuso
This space is for recording purposes only
u-mmcuo
ASSIGNMENT OF MORTGAGE
Residing or located at c/o P.O. BOX 790014, ST, LOU15, MO 6317 herein ated as the assignor, arid in
consideration of the sum of 51.00 Dollar and other good and valuable considerat' he receipt of which is hercb
acknowledged, oes hereby grant, bargal IL ussign, transfer and set over unt ITlMORTGAGE, INC. residing or located at:
P.O. BOX 7 0014, , 1 OUlS. MD 63 179 herein designated as the assignec, lhe mortgage executed by DENNIS O. BROWN
and JOYCE . ROWN rec in BR ARD County, Florida ut book 33026 and page 1152 encumbering the property
more srcicularlydescribcdas ws:
LOT 6 BLOCX G OF OAKLAND ESTATES NORTH, SECOND SECTION ACCORDING TO TitE PLAT THEREOF AS
RECORDED IN PLAT BOOK G7. PA GE 26 OF THE PUBLIC RECORDS OF BROWARl) COUNTY, FLORIDA.
together with the no and each and every other obligation described in said mortgage and the money due and to become due thercon
HAVE AND TO HOLD the same unto the said assignec, its successors and assigns forever, but wi4k recourse the
undersigned
In Witness Where the said Assignor has hereunca s his hanfanil'scal aused tb resents to be signed by its prope o
ffice co rate seal to be hereto affix thi ny of Febru 00 ut effect ye as o ' ay ofF ru , 2008,
ATTEST: BY: .
PRfNTN ERYLSAMONS
WITNES T EE: A. 'ANT SECRl!TARY
Print me. i .
WfTNESS·
Prini Name:
STATE OF FLOR)DA
COUNTY OF BROWARD
RSONALLY APPEAR.ED BEFORE ME, he undersigned authority in and for the aforesaid county and state, on this
the of February, 2009 within my jurisdic c within named CHERYL SAMONS who is personaHy known to me and
who acknowledged to me that (s)hc is ASSISTANT SECRETARY and that for and on behalf of MORT'' GE ELECTRON1C
REGISTRATION SYSTEMS, (NC. and as its act and deed (s)he executed the above and Ihregoin ' in ment atler : aving been
duly authorized by MORTGAGE ELECTRONIC REOISTRATION SYSTEMS, INC. to do so,
WfrNESS my and and official seul in the County and Stule last aforesaid this ay of Febr y, 00 .
7
NA NOTARY I C
No te og prog
. , Shannon Sm|tn
My Commission 0077a12<
Expka& o4/13/2012
INDEX TO CONTENTS OF TYPICAL STERN
ASSIGNMENT OF MORTGAGE
Samons in which she said she acts on the instructions of David Stern in signing
assignments.
crafted for maximum ambiguity. Examples are: (1) the use of "or," between "residing" and
"located at," and (2) the use of "c/o P.O. BOX . . ." It is impossible to reside or be located
at a P.O. Box. Even ifthis is construed generously as a mailing address, which by its express
terms it is not, there is no such mailing designation as "c/o P.O. Box." It is common
knowledge that "c/o" or "care of" is used to designate a person who will process mail on the
addressee's behalf.
2) "for and in consideration of the sum of Sl.00 Dollar and other good and valuable
consideration"
that she is the person with the most knowledge about this Assignment, also testified that
Page 1 of 5
3) "the receipt of which is hereby acknowledged"
Samons denied that she "acknowledged receipt of that one dollar and other good and
valuable consideration" by signing the Assignment, and could not show me "where, on [the
Assignment] any person signed" to acknowledge it. (Samons depo, p. 26). When asked if
4) "does hereby arant. bargain. sell. assian. transfer and set over unto"
The Assignment did not actually reflect any transfer of interest, and is simply a
fabrication made for the purpose offoreclosure litigation. Further, MERS, even ifconsidered
legitimate, could only act in a nominee capacity, and does not, based upon the language of
the Assignment, do so here. Further, the only interest transferred, according to Samons, was
two separate and distinct business concerns, one would expect the two parties involved to
have different addresses. In this instance the purported addresses of the assignor and
assignee are identical, with the exception of the use of"c/o" immediately prior to the alleged
Page 2 of 5
6) "Together with the note"
There is no provision in any of the loan documents, and there is no provision in the
MERS charter, which would allow MERS to assign the note. The mortgage contains MERS
provisions which purport to allow MERS to take certain actions relating to the mortgage as
"nominee."
7) Please disregard.
Samons testified that she did not attest to the contents of the Assignment by
Samons did not act on the instruction of anyone at MERS in executing the
Assignment. David J.Stern, not MERS, "caused" the document to be signed. She is also not
a "proper corporate officer" of MERS, but instead has been given the title "assistant
11) "this___day"
Date is missing.
Page 3 of 5
12) "but effective as of the 19* day of February. 2008"
Samons testified that she did not know whether the 19* day ofFebruary, 2008 had any
significance. (P. 39). She testified when questioned by Mr. Ice that these "effective dates"
are the dates the foreclosure case file was received in Stern's office. The purpose of these
"effective dates" is to give the plaintiff in the foreclosure standing as of the time the
This signature is almost identical to the signature of Samons. When confronted by the
fact that Smith's signature on other assignments differs greatly from this one, Smith filed an
affidavit and testified, and Samons testified, that Smith had simply, on her own, one day
decided to change her signature. This was perjury, and since Smith testified that Mr. Tew
(Stern's counsel) gave her the affidavit to sign, it is likely this testimony was designed or at
least approved by Stern. Samons and Smith were revealed to be lying by, among other things, that
fact that Samons testiSed she and Smith discussed the alleged change of signature "this week," (p.
52) and Smith denied ever discussing with Samons her alleged decision to change her signature.
Tammie Kapusta testified generally that such was not the case. As to this Assignment, it is
obvious that Samons did not personally appear before any notary at the time she executed it. In fact,
it appears that Samons notarized it herself using Smith's stamp and name.
Page 4 of 5
16) "after first havina been duly authorized by MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS. lNC. to do so"
Samons did not receive authorization from anyone at MERS to sign this Assignment. (Depo,
p. 18). Even the document allegedly appointing certain employees of the Stern firm as MERS
assistant secretaries did not constitute "due authorization," as the MERS by-laws require approval
of such appointment by the MERS board of directors. Based upon all available documentation no
By Kenneth Trent.
Page 5 of 5
Exhibit C
51
1 . DIRECT EXAMINATION
2 BY MR. GOLANT:
11 A. Yes.
13 A. No, sir.
16 before?
17 A. Yes, sir.
19 A. I believe twice.
21 A. Yes, sir.
23 A. Yes, sir.
3 type of a matter?
8 A. It was a lawsuit.
10 lawsuit?
16 Q. An employment dispute?
17 A. Yes, sir.
20 A. Yes, sir.
22 A. Yes, I did.
2 A. Yes, sir.
10 business relationship.
11 BY MR. GOLANT:
13 that relationship?
15 Q. On behalf of MERS?
16 . A. Yes, sir.
18 A. Assignments of mortgage.
19 Q. Anything else?
20 A. No, sir.
t 3 signing authority.
5 A. Mr. Stern.
6 Q. David stern?
7 A. Yes.
9 those documents.
11 MERS.
13 A. No, sir.
18 A. The parties.
22 A. No.
24 doesn't own?
3 to my question?
A. Yes.
6 answered.
7 BY MR. GOLANT:
18 l's?
22 that.
11 BY MR. GOLANT:
)
14 Q. Is that your signature?
15 A. Yes, it is.
17 that document?
22 A. Cindy Witt.
24 A. Yes, I do.
25 Q. How do you know her?
3 Stern?
8 A. Yes, I do.
12 A. Yes, I do.
16 A. Sure.
21 · as the assignor."
24 A. MERS.
A. No.
11 1 A. I don't know.
13 A. I did.
14 Q. Is it you?
15 A. No.
17 consideration?
18 A. No.
24 A. Yes, it is.
Capital?
9 A. Um, plaintiff.
17 correct?
21 BY MR. GOLANT:
2 \ BY MR. GOLANT:
5 document.
7 A. My bosses.
8 Q. Your bosses?
9 A. Uh-huh.
11 A. David Stern.
13 document?
19 A. Processors.
21 A. A few hundred.
23 you assignments?
24 A. Uh-huh.
5 BY MR. GOLANT:
7 this assignment?
8 A. Wells Fargo.
12 answered twice.
15 BY MR. GOLANT:
23 be -
24 THE WITNESS: Yeah, we -
S please.
9 whole purpose -
12 case.
7 objection.
9 not to answer?
6 responsibility.
7 BY MR. GOLANT:
9. for?
11 clients that -
19 BY MR. GOLANT:
25 what I sign.
9 corporate resolutions.
16 A. I don't know.
19 identification.)
20 BY MR. GOLANT:
2 BY MR. GOLANT:
6 A. Yes, it is.
17 of who?
18 A. MERS.
19 Q. Okay.
2 BY MR. GOLANT:
8 it was.
13 changed -
15 A. --·format.
17 A. David stern.
19 A. I don't recall.
25 purposes are?
68
1 A. No.
2 MR. GOLANT: I can use that as Exhibit B.
3 BY MR. GOLANT:
6 Westbook's deposition.
8 identification.)
10 this as Exhibit C -
11 MR. GOLANT: C.
13 deposition?
19 your -
22 borrower.
8 now.
9 BY MR. GOLANT:
11 A. No, sir.
13 A. Yes, it is.
15 A. Yes, I do.
18 Bland.
20 A. Yes, I do.
24 A. Terece.
3 A. Sure.
18 BY MR. GOLANT:
21 A. I don't know.
23 on behalf of?
24 A. MERS.
3 A. No.
4 Q. Okay. And did MERS own this loan?
5 A. No.
6 Q. Okay.
10 BY MR. GOLANT:
15 identification.)
16 BY MR. GOLANT:
18 of?
19 A. MERS.
22 transaction?
23 A. No.
6 A. Yes.
11 document.
12 BY MR. GOLANT:
13 Q. Anything else?
16 assets?
20 · liabilities?
23 BY MR. GOLANT:
24 Q. Okay -
25 A. I'm -- I'm just a signer, that's it. I'm a
6 people or entities?
12 A. I do not.
22 waived.)
23
24
25
3 STATE OF FLORIDA )
4 SS:
5 COUNTY OF BROWARD )
15
1176
21
22
23
24
25
954.467.6867
75
1 CERTIFICATE OF REPORTER
3 STATE OF FLORIDA )
SS:
5 COUNTY OF BROWARD )
13 notes .
25
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Defenses
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Good Morning,
2010 (21)
As you know, a Complaint was filed in the above in
2011-2012 Emails (999+) the Florida Supreme Court. An answer and
2013 Emails (8) affirmative defenses was filed and is below. On May
1, 2013, the Honorable Nancy Perez, a Palm Beach
3-13 Legal Assistant County Judge, was appointed as referee to preside
ADF (37) over this matter. The trial has been set to begin on
September 30, 2013 and conclude on October 11,
Alexis Audits
2013, and will most likely be held in the Broward
balkaran County Courthouse. It is my intention to present each
bbb adf
of you as a witness in my case.
Brad Davis (6) Please let me know if you have any conflict which
would interfere in your ability to serve as a live
Bradley J. Davis
witness in this proceeding between September 30,
Caridad 2013 and October 11, 2013. It is my opinion that
chinloy (35) your live appearance is import'ant to theBar's case.
TTe'Fa7s^office will coordinate with you for your
Citimortgage travel, hotel and all costs associated, all of which will
Class Action MERS be paid for by the Bar.
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Hi Ken,
I have been reviewing my proof and witnesses and
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have been working on streamlining the process. At
this point, I have determined that I will not be
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presenting you as a witness since allegations
1 Filing Receipts (73) contained in your complaint can be established
through another witness that will be testifying about
2008
items that only she can attest to. I do not want to
2009 Emails (123)
duphcate and prolong. I am sure you can understand.
2010 (21)
If, however, I change my mind, I hope that I can count
2011-2012 Emails (999+)
on you.
2013 Emails (8)
Thank you for your assistance.
3-13 Legal Assistant
balkaran
1300 Concord Terrace
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- Original Message -
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2008
To: tom.ice@icelegal,com, phanç[email protected],
trentlawoffice@yahoo,com, andersD2@!ive.com,
2009 Emails (123) mike@ricardo!awgom [email protected],
2010 (21) [email protected], [email protected].çom.
young@mackbank çorn
ADF (37) As you know, a Complaint was filed in the above in the
Alexis Audits
defenses was filed and is below. On May 1. 2013. the
balkaran Honorable Nancy Perez, a Palm Beach Couniy Judge, was
appointed as referee to preside over this matter. The trial
bbb adf has been set to begin on September 30, 2013 and
Brad Davis (6) conclude on October 11. 2013. and will most likely be held
in the Broward County Courthouse. JI is my intention to
Bradley J. Davis present each of you as a witness in my case.
Caridad Please let me know if you have any conflict which would
chinloy (35) interfere in your ability to serve as a hve witness in this
proceeding between September 30, 2013 and October 11,
Citimortgage 2013. 11is my opinion that your live appearance is
Class Action MERS important to the Bar's case. The Bar's office will coordinate
with you for your travel, hotel and all costs associated, all
Deleted items of which will be paid for by the Bar.
ebanks Additionally, Mr. Stern's counsel, Jeffrey Tew, may seek to
Employee take your deposition, prior to your appearance at trial
E-service addresses Please do not hesitate to contact me about the above or
with any other questions that you may have. My extension
Florida Bar
number is 4144.
foreclosure class action...
Your cooperation is greatly appreciated .
FRIDKIN
Heritage Web Thank you.
Ichiban
Idaboy vs Atlantic
insurance Randi Klayman Lazarus
Senior Bar Counsel
Julian The Florida Bar
Junk Lakeshore Plaza 11, Suite 130
1300 Concord Terrace
Jutz Sunrise, FL 33323
954-835-0233
Keeler 954-835-0133 fax
Lombardozzi [[email protected]
Maggie Sherman
meen
mers friends
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Sincerely,
2011-2012 Emails (999+)
GKenneth �522ric
Crent
3-13 Legal Assistant
bbb adf
Sunrise, FL 33323
rlazarus@flabar,org
Idaboy vs Atlantic
Insurance
Julian From: [email protected]
Junk
Date: 02/06/2013 o8:01 PM
Keeler
Lombardozzi
Maggie Sherman LookS like I have to go thru the reALLy big
meer box. Should have it to u by tomorrow.
mers friends
Meanwhile, do u have the depo of Samons
taken after the mass lavoffs at his firm7
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Looks like i have to go thru the reALLy big box. Should
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Samons taken after the mass layoffs at his firm? Therein
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2011-2012 Emails (999+) Thank you.
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Randi Klayman Lazarus
954-835-0233
Bradley J. Davis
Caridad From: [email protected]
E-service addresses
Florida Bar From: Randi Lazarus
Heritage Web
P.A.<[email protected]>
Insurance 2011-50,216(171)
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