Motion for Stay of Proceeding (Alissa Brinkley)
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Transcript of Motion for Stay of Proceeding (Alissa Brinkley)
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S TA~1FORO~NOl~~VAU~UPERIORCOURTJUDiC!AL DISTRiCt I
BANK OF NEW YORK AS TRUSTEE ET ALZOlD OCT 20 A :10: Sc.JUDICIAL DISTRICT OF
'STAMFORD I NORWALK
DOCKET NO. CV - 07- 6000694 S
VS:AT STAMFORD
ALISSA BRINKLEY, ET AL October 20,2010
MOTION FOR STAY OF PROCEEDING
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,
and counsel Hunt Leibert Jacobson, PC in the stated action.
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
Halting All Foreclosures for now.
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
documents, and were relying on documents signed by unauthorized agents.
ORAL ARGUMENT REQUESTEDTESTIMONY IS REQUIRED
;.'.,.j.'.,}
'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
fairness in our legal system.
'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
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
·i.\
investigation and resolution of matters of foreclosure fraud involving alleged lender Bank Of New York
and foreclosure lawyers Hunt Leibert Jacobson, PC in this action.~,,;,
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 6fIt~"';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, Ericac!· \' :;~
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
Johnson Seck executed the same Assignments in Williamson County, Texas.
'/ .~::'Florida Lawyer, Thomas E. Ice deposed Erica Johnson Seck on July 9, 2009, in the matter of
~ r- r' ..
/ndymac Federal Bank, FSB vs. Israel A Machado (Case No. 50-2008-CA-037322XXXX MB AW) In! :
th~15th 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 unlawfulI
. 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
.::\I' .(4)
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
denied and extinguished.
~;! :
.,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 Tradei >.
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 theI ,'~ I '
American People .
.~..iThe Defendant
';1,
BY~JD(( ~~(lAlissa Brinkley
Date: C(l1D~vs:?Q, MJ[Lt.: ~ ; -: j
;•.~ (" : !
Alissa Brinkley41 Wolfpit Ave, #7-6Norwalk, 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;
It is hereby ORDERED: GRANTED I DENIED
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.
USPS CERTIFIED MAIL NO: 7010 1870000329185154FEDEX AIRBIL NO: 872646170650
Additional Service Was Made to the following parties:
:Difendants CounsellDavid Scalzi, Esq.
921 Stillwater RoadStamford, CT 06902
Alissa Brinkley -
(7)
NOTARY CERTIFICATIONOf 5tassa 'Brinkfey
STATE OF CONNECTICUTCOUNTY OF FAIRFIELD
DATE: Signature Confirmation made this ?0*Day of October, 2010
Personally appeared, Alissa Brinkley personally known to me (or proved to me on the basis ofsatisfactory 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, andthat 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
...•..
.; .. ..:..: : .-::-..- # '- ::-......... - :::
_. - '-..- .,- ''-- ..•...•.~ ,......"
Name Of Notary:
STEPHEN F. BORNETNOTARY PUBLIC
It'( COMMISSION EXPIRES 313112012
~/,-/119 3My Commission Expires:
i, "
'Under Oatli and withou: Prejudice
msor & AssociateEXHIBIT A
IN THE CIRCUIT COURT OF THEFIFTEENTH JUDICIAL CIRCUIT IN
AND FOR PALM BEACH COUNTY, FLORIDACASE NO. 50 2008 CA 037322XXXX MB AW
INDYMAC FEDERAL BANK, FSB,Plaintiff,
vs.
ANY AND ALL UNKNOWN PARTIES CLAIMING BY,THROUGH, UNDER, AND AGAINST THE HEREINNAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOTKNOWN TO BE DEAD OR ALIVE, WHETHER SAIDUNKNOWN PARTIES MAY CLAIM AN INTEREST ASSPOUSES, HEIRS, DEVISEES, GRANTEES, OR OTHERCLAIMANTS; TENANT #1, TENANT #2, TENANT #3,and TENANT # 4, the names being fictitiousto account for parties in possession,
Defendants.
----------------------------------------/THE DEPOSITION OF
ERICA A. JOHNSON-SECKVOLUME I
Pages 1 - 84
July 9, 20091655 Palm Beach Lakes Boulevard
West Palm Beach, Florida12:54 p.m. - 2:59 p.m.
REPORTED BY:Deborah H. Rodgers, CSRConsor & Associates Reporting & Transcription1655 Palm Beach Lakes Boulevard, Suite 500West Palm Beach, Florida 33401Phone: 561.682.0905
Ph. 561.682.0905 - Fax. 561.682.17711655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
,.
~:nsor& AseociatesEXHIBIT A-2
Page 131 Q. Okay. How is the decision made as to who
2 will sign what documents?
3 A. There really is not a matrix. Only so many
of us can sign Lost Note Affidavits.4 I happen to be
5 the only one in my department, besides my boss, that
6 can sign a Lost Note Affidavit, so all those would come
7 to me. Other than that, there's not a -- I think they
8 just try to make it even.
9 Q. Just distribute them evenly?
10 A. Yes.
11 Q. Okay. How many documents would you say that
12 you sign on a week on average, in a week on average?
13 A. I could have given you that number if you had
14 that question in there because I would have brought the
15 report. However, I'm going to guess, today I saw an
16 e-mail that 1,073 docs are in the office for signing.
17 So if we just -- and there's about that a day. So
18 let's say 6,000 a week and I do probably -- let's see.
19 There's eight of us signing documents, so what's the
20 math?
21 Q. Six thousand divided by eight, that gives me
22 750.
23 A. That sounds, that sounds about right.
24 Q. Okay. That would be a reasonable estimate of
25 how many you sign, you personally sign per week?
Ph. 561.682.0905 - Fax. 561.682.17711655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
nsor & Associaf. R"]1CJrting and Tr~nscli~i'cm, JIlC. EX HIBIT A-3
Page 141 A. Yes.
2 Q. And that would include Lost Note Affidavits,
3 Affidavits of Debt?
4 A. Yes.
5 Q. What other kind of documents would be
6 included in that?
Assignments, declarations. I can sign7 A.8 anything related to a bankruptcy or a foreclosure.
9 Q. How long do you spend executing each
10 document?
11 A. I have changed my signature considerably.
12 It's just an E now. So not more than 30 seconds.
13 Q. Is it true that you don't read each document
14 before you sign it?
15 A. That's true.
16 Q. The procedure that we talked about last time,
17 and I will go over it again to see if that's still the
18 procedure, before you would sign an Affidavit of
19 Debt
20 A. Yes.
21 Q. -- it goes to your foreclosure specialist who
22 makes sure that the information is correct?
23 A. The figures are correct, yes.
24 Q. It is fair to say that you don't personally
25 check the accuracy of anything in the documents that
Ph. 561.682.0905 - Fax. 561.682.17711655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
nsor & Associate, .. Rf(f!(1rirn;g. and T.~n~CTiJlti{):!\> lac. EXHIBIT B
Page 171 you're talking about your own staff when the documents
2 arrive?
3 A. No, we have LPS on site.
4 Q. In Austin?
5 A. Yes.
6 Q. Take me through the procedure for getting
7 your actual signature on the documents once they've
8 gone through this quality control process.
9 A. The documents are delivered to me for
10 signature and I do a quick purview to make sure that
11 I'm not signing for an entity that I cannot sign for.
12 And I sign the document and I hand it to the Notary,
13 who notarizes it, who then hands it back to LPS, who
14 uploads the document so that the firms know it's
15 available and they send an original.
16 Q. "They" being LPS?
17 A. LPS, yes.
18 Q. Are all the documents physically, that you
19 were supposed to sign, are they physically on your
20 desk?
21 A. Yes.
22 Q. In your office?
23 A. Yes.
24 Q. You don't go somewhere else to sign
25 documents?
Ph. 561.682.0905 - Fax. 561.682.17711655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
o~-n50r&Assoclate~EXHIBIT B-2
Page 181 A. No.
2 Q. When you sign them, there's no one else in
3 your office?
4 A. Sometimes.
5 Q. Well, the Notaries are not in your office,
6 correct?
7 A. They don't sit in my office, no.
8 Q. And the witnesses who, if you need witnesses
9 on the document, are not sitting in your office?
10 A. That's right.
11 Q. So you take your ten minutes and you sign
12 them and then you give them to the supervisor of the
13 Notaries, correct?
14 A. I supervise the Notaries, so I just give them
15 to a Notary.
16 Q. You give all, you give the whole group that
17 you just signed to one Notary?
18 A. Yes.
19 Q. Last time we talked about that there were a
20 group of Notaries and that you had a supervisor that
21 manages a group of loans and passes them out to the
22 different Notaries. Has that changed?
23 A. It used to go to -- well, a little bit. It
24 used to go -- and that's with the shift of people
25 leaving and people coming with everything that's been
Ph. 561.682.0905 - Fax. 561.682.17711655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401