100 South AshleyDrive, Suite 1300, Tarnpa, Florida 33602 813.229.3333 l:::i I 813.229.5946 Fax I GlennRasrrussen.com .: R L' 5 ti.,r E51 t-Al\ March 14,2011 Via e-mail to:
[email protected] as well as via U.S. Mail Ms. Lisa Epstein Foreclosure Hamlet 2840 S. Ocean Blvd. Unit 508 Palm Beach, FL 33480 Re: Cease and Desist Demand Regarding Materially False Statements Concerning Nationwide Title Clearing, Inc., Bryan Bly, and Crystal Moore Dear Ms. Epstein: We are counsel to Nationwide Title Clearing, Inc. ["NTC"). I am notifying you that your firm's website, www.foreclosurehamlet.org. contains materially false statements regarding NTC, Bryan Bly, and Crystal Moore, claiming that NTC creates false documents for financial institutions that are subsequently submitted to courts in mortgage foreclosure proceedings. More specifically, your website contains the following postings which are materially false and misleading: 1. On November 77,201,0, your site states: MISSION CRITICAL - H.R. 3803 Needs Congressional Insist Upon a Congressional Vote to Attention: ttre Presidential Veto: A feffow Haml-et Member asked me to post the information below. UPHOLD IMPORTANT This is MISSION: CRITICAL: Dear Congressman Since the "robo-signing" sLory was macie public on September 2Q, 2010, it has become cfear that the mortgage meltdown, the housing crisis, foreclosuregate - cafl it Ms. Lisa Epstein March'J.4,20IL Page 2 what you will - involves numerous layers of impropriety, ftoutirrg of long lenders and loan servicers, f want to point out Lo you that within the deposition of Crystal MOORE (Part 3), as posted on YouTube, there are a series of questions pertaining to Crystaf MOORE's digital sj-gnature of documents. While the ENTIRETY of this series of Video depositions i-s COMPELLING, I woul-d encourage you to REVIEW the video deposition Part 3 and in particufar the portion between 9:04 mins (-10:46:30) and 11:30 mins (-10:49:15) Crystal Moore Deposition Part 3.np4 http : / /www. youtube. com/watch?v=N5Pl{oklfdgE It is readily apparent to those who are knowledgeabfe about foreclosure mill practices WHY this bil-l is being by the Banksters. PERIIAPS HEARING THE CRIMINAL pushed PERPETRATORS OF ROBO-SIGNING DESCRIBE THEIR OPER,ATIONS IN THEIR OWN WORDS WILL HELP YOU AIID OUR OTHER ELECTED REPRESENTATI\ZES T'NDERSTAIID iruST WIIAT THEY ARE SUPPORTING. This posting falsely accuses Crystal Moore of being a "criminal perpetrator" when she executes documents on behalf of NTC. The posting must be removed immediately. In addition, on November L9, 20L0, Sarasota Circuit Judge Rick DeFuria entered a temporary and mandatory injunction against Christopher Forrest and The Forrest Law Firm, and all persons acting in concert with either, enjoining those individuals from "posting, publishing, disseminating, or maintaining materials from the video depositions of [Bryan Bly, Crystal Moore, and Dhurata Doko] until further order by this Court." A copy of |udge DeFuria's injunction is enclosed for your review. Your November t7,2070, post may not refer to Ms. Moore's video testimony and you must immediately remove all links or references to Mr. BIy, Ms. Moore, or Ms. Doko on your website, www.foreclos urehamlet.org. Your site's November 8,20L0, post contains a post with the heading "Mortgage Fraud" that reads as follows: 2. Ms. Lisa Epstein March \4,2077 Page 3 Document Featuring WiIdIy Productive Robosigners Bryan Bly of Solutions Company, Nationwj-de Tit1e Clearing Mortgage Fraud Bryan Bly Nationwide Title Clearing Action Date: llovember 8, 2070 Location: PaIm Harbor, FL The video-taped depositions of employees of Nationwide Title Clearing in Palm Harbor, Florida, were made available on the website Stop Foreclosure Fraud. The deposition of Bryan B1y is particularLy startling and straiqhtforward. Bryan B1y signed documents and witnessed or notarized other documents. Bly testified that he did not witness the signatures he notarized. B1y signed in batches of 200. Bly signed app::oximately 5,000 mortqage assig,nments each day. Bly also signed as an officer of many lenders. Bly sigrned as an officer of over 20 banks and mortgage companies. His supervisors told him there were corporat.e resolutions authorizing him Lo sign using these titles. Bly had no knowledqe of the information on the documents. Bly did not know what was meant by a mortqaqe assignment or an attorney-in-fact although he signed mortqage assignments as an officer of Citl Financial as attorney-in-fact for Argent Mortqage. He did not verify any information other than to make sure coemployees had signed their names so there were no bl-ank lines on the documents. He has done this work for approximately 10 years. One of the titles not discussed in the deposit ion, but used on Lens of thousands of mortg,age assignments signed by B1y was Attorney-In-Fact, Federal Deposit Tnsurance Corporation, as Receiver for IndyMac Federal Bank FSB, successor to TndyMac Mortgaqe Holdings, fnc. Bly continued to sign as Attorney-In-Fact for the FDIC as recently as.Tune 25, 2010. A copy of an assignment signed by B1y as Attorney-In-Fact for the FDIC is available in the "Pleadings" section of Fraud Digest. Lynn Szymoniak, Esq Fraud Diqest Ms. Lisa Epstein March Page 4 'J,4,20'J.'J. Not only does your post summarize Mr. Bly's deposition post which is in violation of DeFuria's injunction as stated above, your website falsely implies that it was fudge improper for Mr. Bly to sign numerous mortgage assignments each day as an officer of over 20 banks and mortgage companies, even though he was told there were corporate resolutions from those companies authorizing him to sign as an officer of those banks and mortgage companies. You go on to falsely imply that Mr. Bly was guilty of wrongful conduct because he did not read the assignments before signing them and had no knowledge of their contents. All of this of course, is posted under the heading "Mortgage Fraud." As I am sure you know by now, NTC has duly-executed resolutions or powers of attorney for the financial institutions on whose behalf Mr. Bly executed the assignments. Assignments simply need to be executed; the signer is not required to read them before signing, and your posts suggest otherwise. It is false and misleading and must be removed immediately. Your post of October LI,2010, entitled "Pigs Ass" wrongfully implies that any documents created by NTC, Bryan BIy, or Crystal Moore should be presumed to be false. The post states: 3. Pigs Ass: Damn! Paid off note to the tune of $L72,000 to the wrong party! o Posted by L on October 11, o View L's bloq 201,0 at 11:30pm From Urban Dictionary: The term "pigs ass" is used in many situations. It is most commonly used whe4 €aucarrc claims somethinq is not true. down how Let's just break Here's the it happens over and over. morLgage. 2006 took out $172,000 mortqage with NovasLar (MERS mortgage .sure, sure, we just- KNOW this is trouble already) Novastar Mort 172K.pql.L Here's the satisfactlon of mortgage. 20l.0 Sacisfaction of Mortgage executed by MERS as nominee for Novastar who is st-ated Lo be t-he owner and Ms. Lisa Epstein March'J,4,2011 Page 5 holder (eeee qads, it's the robo-pair Brren 81ry and Crystal Moore from Nationwide Title. I guess Brian B1y of MERS flew from Texas to Fforida to have this document notari-zed? ) MERS Novastar saL - nclf Nationwide appears to have had sold this mortgage to Jp Morgan Chase at some point. Presumption of Farsity should be the new code word viewing any of these dr:bious documenE. when The statement claiming that documents created by NTC, Bryan Bly or Crystal Moore, should be presumed by others to be false is materially false and misleading, as well as Iegally actionable. This post must be removed immediately. 4. Your post dated September L4,201.0, and entitled "Anthology of the Works of a Prolific Robosigner: Jeffrey Stephan of GMAC" states P other mortgaqe servicing companies and foreclosure firms have filed thousands of other wort.hfess, unfounded Affidavits. Many Will the same judges who accepted thousands of these worthless Affidavits now belreve the allegrations that the foreclosure law firms acted in grood faith when they presented these documents to Courts? Brvan B1v, Crwstal Moore and the professional siqners may finally be heldother accountable for their sworn false stat.ements. 5. states: Your post of fune 29,20'1,0, entitled "Comments for: Lynn Szmoniak" Ms. Lisa Epstein March 1.4,2011 Page 6 w rm in mediation, their asking for a hardship Jetter...go figure, f stated we didn, t have a hardship...Judge said, "ff you don,t pfay the game, then you wiff .Iose your home"...Got to fove '-rustice! Ma). r ask if lrou have anltthing on Nationwide Tit_Ie Cfearino with two of their empfovees...Fraudufent sioner and notarv whose names are Maru Jo McGo*an as vp fot seueraf banks and MERS...her notarlr is a Mexican citizen here on a visa Maria Lenor Gerhofdt- The fraud here in Maine is comina out of PineLLas countv, my home shoufd be down there witn L...fof Thanks again Lynn for a-r-t you do helping to expose the fraud and giving 1:eoTsJe like mlzseJf vafuabLe information!!... Added by KT at 1: 44 pm on .fune 23, 2OIO The statement that Mary Jo McGowan of NTC is a "fraudulent signer" and that the "fraud . . . is coming out of Pinellas Counl5/" (where NTC has its offices) is false and materially misleading. It must be removed immediately. Complete copies of these website posts are attached hereto for your review. As I am sure you know from NTC's suit against Matthew Weidner fwho also posted materially misleading information on his website, but has since retracted the posts ind apologized for them), NTC has duly-executed corporate resolutions or po*"ri of attorney for the financial institutions on whose behalf Mr. Bly, Ms. Moore and its other employees execute assignments. Most of those resolutions or powers of attorney are confidential, but I am attaching one from Citi Residential Lending, Inc., that is in the public record and that is similar to others that NTC has obtained for its business purposes. You will note that the resolution states, inter alia: and Releases; RESOLVED, thal each of the employees of Nationwide Title Clearinq, Inc. 1"NTC") listed below be, and they hereby are, named and appointed as a vice president and Assistant secretary of the Corporation solely for the purpose of acting as duly aut.horized signatories on it.s behalf, such that any of the listed personnel fldy, so1ely in their capacity as authorized signatories, execute any and all reasonable and necessary documents required in connection with processing the Assig-nments Bryan Bly Crystal Moore Ms. Lisa Epstein March L4,201.L PageT Please go to www.nwtc. com/aboutf lrAQ.html and can-go-a-long-way-for-the-media and learn the true facts concerning NTC and Mr. Bly. I advise you that there is no exceptioin under the defamation law for "republishing" posts from other internet sites. The law in Florida is that repetition of libelous material ii actionable, even if the "republisher" refuses to vouch for its veracity. See Lewis v. Evens, 406 So. 2d 489 [Fla. 2d DCA 198U. Moreover, defamatory comments are actionable even if made in internet "chat rooms," See Becker v. Hooshmand, B4I So. 2d 561 [Fla. 4th DCA 20031. You must remove all references to Mr. Bly, Ms. Moore, NTC, or any of its other employees within five [5J days of the date of the letter and cease and desist making any false statements about Mr. Bly, NTC, or its employees, whether on the Internet or otherwise. To the extent that you contend that you published these comments in good faith; or that their falsity was within the protective mechanism outlined in Section 770.02, Florida statutes fwhich NTC disputesJ, NTC, Mr. Bly, Ms. Moore, Ms. Doko and Ms. McGowan hereby demand that a full and fair correction, apology, or retraction be made as provided by law. If you do not remove these false statements and cease your wrongful activity, NTC intends to avail itself of all available legal remedies against you and anyone else associated with www. foreclosu rehamlet.org. You have been duly notified. Govern yourself accordingly. Very truly yours, Grnruru Resuussnru Focanry & Hooxn& p.A. "c(ruwuS e&."Michael B. Colgan MBC/fts Enclosures 04437-00100 62314O v2 Documents Similar To Nationwide Title Clearing Cease and Desist Demand Letter to Lisa Epstein Dated March 14, 2011Skip carouselcarousel previouscarousel next20160827183009_1_1In Search of Prima Facie, Authority of Bryan J. 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