Well I guess we have to fight them right?

Deontos .is to me
show details 10:05 AM (3 minutes ago)

———- Forwarded message ———-
From: Lynn Szymoniak
Date: Thu, May 19, 2011 at 6:42 AM


A few days ago, I wrote about a process server at my door trying to serve papers on my son, Mark Cullen. This was on May 6, 2011.

At first I was polite. I explained that Mark Cullen was my son, but that he had not lived here in 7 years – since he graduated from high school in 2004
and moved to Pittsburgh to go to college.

The process server was insistent that she would leave “the papers.” I told her very harshly that I would not accept service and she must go away.

The next day, the papers were delivered via a fedex envelope shoved under my doormat.

This morning I checked the court file – and found that on May 10, 2011, Deutsche Bank filed a Motion for Clerk’s Default against “John Doe, n/k/a Mark Cullen.”


My son has not lived here for seven years.

Now, if he applies for a loan, he must disclose that he was sued for foreclosure.

If he applies for a security clearance of any sort, he must disclose that he was sued for foreclosure.

If he is called for jury duty, and asked that standard question, “Have you ever been named as a plaintiff or defendant in a lawsuit?” he must disclose that he was sued for foreclosure.

If he ever is in an accident, and must answer standard interrogatories, “Have you ever been named as a plaintiff or a defendant in a lawsuit?” he must disclose that he was sued for foreclosure.

He has nothing to do with this mortgage foreclosure case, but may soon have judgment entered against him.

Moral of the story: when you are sued for foreclosure, move out quietly. Do not write about it, investigate it or talk to journalists – and especially, do not appear on 60 Minutes and accuse Deutsche Bank of fraud.

If I leave now, I wonder if they will still go after my other son and my daughter.


About Here and Now

I rant about issues concerning foreclosure, real estate law and any topic of interest. Normally my day job is Fashion and Costume Design. I like writing and reading interesting subjects.
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7 Responses to IF THIS HAPPENED TO YOU, Lynn Szymoniak

  1. Linda says:


    I feel the love you have in your heart for your children and see how you want to protect them. But just know that in the new world WE are creating, all that credit rating and banker crap wont mean a darn thing because we will have our own system which will be based on interdependence. Your fight and courage have enlightened many of us. You are admired and appreciated!


  2. Barbara Delassus says:

    Dear Ms. Szymoniak:
    I am writing in the hopes that you receive this message and are able to offer some advise to me:
    I am writing because of recent articles regarding the challenges the ACLU has brought regarding Lee County’s (Florida) Rocket Docket contending that the judges in Lee County are not giving homeowner’s due process.
    I am one who is caught up in that morass. My home is being foreclosed on by “Wells Fargo as Trustee of the Washington Mutual Mortgage Pass-Through Certificate Series 2004-PR.” I am sure that you are already aware of the problems Wells Fargo is facing regarding faulty mortgage foreclosures. The internet is replete with instances of the company failing to follow proper procedures with its foreclosure affidavits; the company negotiating with borrowers while at the same time foreclosing on them; and the company failing to file proper Affidavits and Assignments in thousands of cases. Recently, an Elko District Court jury found that Wells Fargo Bank committed fraud, negligent misrepresentation, breach of written contract and breach of good faith and fair dealing when trying to foreclose on a piece of commercial property. Further, Wells Fargo is being investigated by several government agencies, including both the Security and Exchange Commission and HUD. HUD’s audits accuse five lenders, including Wells Fargo, along with Bank of America, JPMorgan Chase, Citigroup and Ally Financial of violating the Federal False Claims Act.
    I used this backdrop for the information regarding my own foreclosure:
    1. The Plaintiff in my foreclosure case is Wells Fargo as Trustee of the Washington Mutual Mortgage Pass-Through Certificate Series 2004-PR.
    2. Several Discovery requests to the Plaintiff’s attorneys (Shapiro and Fishman, themselves under investigation by the Florida Attorney General as one of the four most offensive mortgage foreclosure fraud firms) for the Pooling and Servicing Agreement (PSA) were refused. Shapiro and Fishman contended that that information contained in the PSA was not relevant—when in fact, the PSA outlines what can be done with mortgages in that particular trust and how it may be done and is, indeed, relevant to my cause.
    3. Due to Shapiro and Fishman’s refusal, I began an internet search for the PSA. This led me to the Security and Exchange Commission, keeper of that material. When I could not find it at the SEC, I called them and was told that they could not find it, either.
    4. I then sent a Freedom of Information Act request to the SEC for any and all information regarding Washington Mutual Mortgage Pass-Through Certificate Series 2004-PR. Less than a week later, I received my response via phone and email from the SEC.
    5. Per Mr. Carl Rollins, FOIA Research Specialist at the Security and Exchange Commission, Washington Mutual Mortgage Pass-Through Certificate Series 2004-PR does not now and has not ever existed.
    6. Since, according to law, the only beings allowed to file a lawsuit in the U.S. are people and legal entities, we filed a Motion to Dismiss because we were being sued by a non-entity; Washington Mutual Mortgage Pass-Through Certificate Series 2004-PR simply did not exist.
    7. At the May 19, 2011 Hearing our Motion was denied. Judge Thompson asserted that the Plaintiff did not have to prove it existed. To my attorney’s response that, then, SHE could say SHE owned the note, Judge Thompson simply replied, “But you’d have to prove that.”
    8. With that, he denied our motion and trial was set for June 3, just ten days hence.

    Washington Mutual Mortgage Pass-Through Certificate Series 2004-PR does not exist and because it does not exist it cannot hold the note and it cannot sue for foreclosure on something it does not own—even if it were a real entity and not merely a figment of someone’s imagination at the notorious Wells Fargo and Shapiro and Fishman!
    It is not my intention to “milk the system” in an attempt to live for free. I have exhausted every avenue to work my lender (Chase—who, strangely enough, is not a party in this suit) and to avoid foreclosure, but, like thousands of other homeowners, I have not been successful. If Wells Fargo as Trustee of Washington Mutual Mortgage Pass-Through Certificate Series 2004-PR is allowed to foreclose on Friday, it is not unlikely that the institution that actually owns my note will also try to collect the same debt from me in the future. My husband has had three strokes and 8 surgeries in the last 2 years. He is a right (dominant) side hemiplegic with total aphasia. He lives at home and I take care of him. I could not possibly afford another lawsuit somewhere down the road.
    As you well know, this is not the only time Lee County Judges have scoffed at the laws as they relate to foreclosure cases. I was hoping that you could help make it so that my case is not another one of the cases listed under “Foreclosure Fraud.”
    The non-jury trial is on Friday, June 3rd on the 5th floor of the Justice Center.
    Thank you for any help you can give.

    Barbara Delassus
    15411 Briarcrest Circle
    Fort Myers, FL 33912


    • Paying Attention Now says:

      You can search the SEC Edgar database for SIC code 6186. That is the code for asset backed securities (of any kind).

      Why might that be useful? There may be a WaMu trust from 2004 in a slightly different spelling.

      At a first glance it doesn’t appear that WaMu issued MBS in 2004.

      Perhaps the attorney’s have a typo in the year.

      Perhaps bracketing 2004 might yield a clue:

      To get an “idea” of what the P&S for 2004 might have contained it might be worth looking at a P&S from the last MBS trust they established in 2003, or to look at the first one they established in 2005.

      Such as
      which was first filed August 2003.

      “Washington Mutual Mortgage Pass-Through Certificates, WMALT Series 2005-1”
      which was first filed Feb 2005.

      There might be a trust in between that has a similar name issued in 2004.

      Then the first thing to find is the cut-off date for the trust. If your mortgage was signed after the cut-off date, that can’t be “your trust.”

      Best of luck!


  3. Barbara Delassus says:

    I wheeled my disabled husband into court and awaited our time with the judge, When our case was called and we approached, the bench–even before my husband and I could make it there–the attorney for the plaintiff, Shapiro & Fishman, requested a VOLUNTARY DISMISSAL of the case. Their voluntary dismissal proves that they knew Washington Mutual Mortgage Pass-Through Certificate Series 2004-PR does not exist and because it does not exist it cannot hold the note and it cannot sue for foreclosure on something it does not own—even if it were a real entity and not merely a figment of someone’s imagination at the notorious Wells Fargo and Shapiro and Fishman!


    • Paying Attention Now says:

      Well Done!
      Seems the plaintiff failed to do elementary fact checking!
      But they may come back again with a trust with a different name.
      See my post above is you would like to explore what WaMu filed with the SEC in 2004.


  4. Isabel S - Florida says:

    My husband and I are fighting a Monster called Bank of America. We filed a lawsuit in December 2010 that includes RICO allegations against Bank of America. Oddly enough Ms. Szymoniak, the attorneys representing BofA in my case is Akerman Senterfitt. At the moment, I will keep my mouth shut about them but the possibility that I can take action against everyone involved including their attorneys is not far-fetched at all since we are Pro Se. Let’s just leave it at that.

    The unnecessary emotional abuse that Bank of America has caused me and my family has caused me long-term damage. I might be impaired but I am still fighting back. Please read our press releases: http://www.free-press-release.com/news-florida-couple-file-lawsuit-against-bank-of-america-for-mortgage-servicing-fraud-loan-modification-and-rico-without-an-attorney-1299633088.html

    I am convinced, and everyone will be too that Bank of America is a Racketeering Enterprise! Please read my article here: http://www.piggybankblog.com/2010/11/16/bofa-racketeering/

    Bank of America must be held accountable under RICO for Racketeering. Please sign this petition: http://www.change.org/petitions/the-president-of-the-united-states-hold-bank-of-america-accountable-under-rico-laws

    For anyone who has Bank of America, I feel sorry for you. They are the worst of the worst. Nevertheless, all these banksters are guilty of fraud.
    Do whatever you have to do to stop this Mafia from ruining your lives. Get an attorney, join a class-action or even sue them yourself (pro se). We need to stop this Monster called Bank of America before more lives are destroyed. Don’t let them STEAL your home, fight back. From personal experience, Bank of America wants you to give up and they will even use their attorneys to intimidate you once you try to sue them and the statistics show that most of their victims do give up. Don’t be a Bankster Fraud Victim any longer!!


  5. Rusty G says:

    Lynn I already know what I am doing thanks to you and these message boards but I need help because I need to file for an ex-parte hearing for a Quiet Title Action next week and I cannot figure out who or where to serve Deutsche Bank.
    It turns out that Deutsche Bank’s appointed attorney is playing tricks on me by waiting until the last minute to tell me his not representing Deutsche Bank outside of the Unlawful Detainer. These crooks are unbelievable…

    Rusty G
    Thousand Oaks CA
    Pro Per


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