Nationwide Title Clearing Cease and Desist Demand Letter to Lisa Epstein Dated March 14, 2011

8/7/2019 Nationwide Title Clearing Cease and Desist Demand Letter to Lisa Epstein Dated March 14, 2011

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R L' 5 ti.,r E51 t-Al\

100 South Ashley Drive, Suite 1300, Tarnpa, Florida 33602

813.229.3333 I 813.229.5946 Fax I GlennRasrrussen.com

l:::i.:

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 thatyour 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 foreclosureproceedings. 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 CongressionalAttention: Insist Upon a Congressional Vote to UPHOLD

ttre Presidential Veto:

A feffow Haml-et Member asked me to post the IMPORTANT

information below.

This is MISSION: CRITICAL:

Dear Congressman

Since the "robo-signing" sLory was macie public onSeptember 2Q, 2010, it has become cfear that the mortgagemeltdown, the housing crisis, foreclosuregate - cafl it



Ms. Lisa Epstein

March'J.4,20ILPage 2

what you will - involves numerous layers of impropriety,ftoutirrg of longlenders and loan servicers,

f want to point out Lo you that within the deposition ofCrystal MOORE (Part 3), as posted on YouTube, there area 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 videodeposition Part 3 and in particufar the portion between9:04 mins (-10:46:30) and 11:30 mins (-10:49:15)

Crystal Moore Deposition Part 3.np4http : / /www. youtube. com/watch?v=N5Pl{oklfdgE

It is readily apparent to those who are knowledgeabfeabout foreclosure mill practices WHY this bil-l is beingpushed by the Banksters. PERIIAPS HEARING THE CRIMINALPERPETRATORS 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 temporaryand mandatory injunction against Christopher Forrest and The Forrest Law Firm, and allpersons 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.

2. Your site's November 8,20L0, post contains a post with the heading

"Mortgage Fraud" that reads as follows:



Ms. Lisa Epstein

March \4,2077Page 3

Featuring WiIdIy ProductiveDocument Solutions Company,

Mortgage FraudBryan BlyNationwide Title Clearing

Robosigners Bryan Bly ofNationwj-de Tit1e Clearing

Action Date: llovember 8, 2070

Location: PaIm Harbor, FL

The video-tapeddepositions of employees of NationwideTitle Clearing in Palm Harbor, Florida, were made

available on the website Stop Foreclosure Fraud. Thedeposition of Bryan B1y is particularLy startling andstraiqhtforward. Bryan B1y signed documents and witnessedor notarized other documents. Bly testified that he didnot witness the signatures he notarized. B1y signed inbatches of 200. Bly signed app::oximately 5,000 mortqageassig,nments each day. Bly also signed as an officer ofmany lenders. Bly sigrned as an officer of over 20 banksand mortgage companies. His supervisors told him therewere corporat.e resolutions authorizing him Lo sign usingthese titles. Bly had no knowledqe of the information on

the documents. Bly did not know what was meant by amortqaqe assignment or an attorney-in-fact although hesigned mortqage assignments as an officer of CitlFinancial as attorney-in-fact for Argent Mortqage. He didnot verify any information other than to make sure co-employees had signed their names so there were no bl-anklines on the documents. He has done this work forapproximately 10 years. One of the titles not discussedin the deposit ion, but used on Lens of thousands ofmortg,age assignments signed by B1y was Attorney-In-Fact,Federal Deposit Tnsurance Corporation, as Receiver forIndyMac Federal Bank FSB, successor to TndyMac Mortgaqe

Holdings, fnc. Bly continued to sign as Attorney-In-Factfor the FDIC as recently as.Tune 25, 2010. A copy of anassignment signed by B1y as Attorney-In-Fact for the FDICis available in the "Pleadings" section of Fraud Digest.

Lynn Szymoniak, EsqFraud Diqest



Ms. Lisa Epstein

March 'J,4,20'J.'J.

Page 4

Not only does your post summarize Mr. Bly's deposition post which is in violation offudge DeFuria's injunction as stated above, your website falsely implies that it was

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 corporateresolutions 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 wrongfulconduct 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.

3. 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:

Pigs Ass: Damn! Paid off note to the tune of $L72,000 tothe wrong party!

o Posted by L on October 11, 201,0 at 11:30pm

o View L's bloq

From Urban Dictionary: The term "pigs ass" is used inmany situations. It is most commonly used whe4 €aucarrcclaims somethinq is not true.

Let's just break down how it happens over and over.

Here's the morLgage.

2006 took out $172,000 mortqage with NovasLar (MERS

mortgage .sure, sure, we just- KNOW this is troublealready) Novastar Mort 172K.pql.L

Here's the satisfactlon of mortgage.

20l.0 Sacisfaction of Mortgage executed by MERS asnominee 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-pairCrystal Moore from Nationwide Title. Iof MERS flew from Texas to Fforida tonotari-zed? ) MERS Novastar saL - nclf

Brren 81ry andguess Brian B1yhave this document

Nationwide appears to have had sold this mortgage to JpMorgan Chase at some point.

Presumption of Farsity should be the new code word whenviewing any of these dr:bious documenE.

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 asIegally actionable. This post must be removed immediately.

4. Your post dated September L4,201.0, and entitled "Anthology of theWorks of a Prolific Robosigner: Jeffrey Stephan of GMAC" states

PMany other mortgaqe servicingfirms have filed thousands ofAffidavits.

companies and foreclosureother wort.hfess, unfounded

Will the same judges who accepted thousands of theseworthless Affidavits now belreve the allegrations that theforeclosure law firms acted in grood faith when theypresented these documents to Courts?

Brvan B1v, Crwstal Moore and the otherprofessional siqners may finally be held accountable fortheir sworn false stat.ements.

states:

5. Your post of fune 29,20'1,0, entitled "Comments for: Lynn Szmoniak"



Ms. Lisa Epstein

March 1.4,2011Page 6

w rm in mediation, their asking for a hardship Jetter...gofigure, f stated we didn, t have a hardship...Judge said,"ff you don,t pfay the game, then you wiff .Iose yourhome"...Got to fove '-rustice! Ma). r ask if lrou have anltthingon Nationwide Tit_Ie Cfearino with two of theirempfovees...Fraudufent sioner and notarv whose names areMaru Jo McGo*an as vp fot seueraf banks and MERS...hernotarlr is a Mexican citizen here on a visa Maria LenorGerhofdt- The fraud here in Maine is comina out ofPineLLas countv, my home shoufd be down there witn L...fofThanks again Lynn for a-r-t you do helping to expose thefraud and giving 1:eoTsJe like mlzseJf vafuabLeinformation!!...

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 andmaterially 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 postedmaterially misleading information on his website, but has since retracted the posts indapologized 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 employeesexecute assignments. Most of those resolutions or powers of attorney are confidential, butI am attaching one from Citi Residential Lending, Inc., that is in the public record and that issimilar to others that NTC has obtained for its business purposes. You will note that theresolution states, inter alia:

RESOLVED, thal each of the employees of NationwideTitle Clearinq, Inc. 1"NTC") listed below be, and theyhereby are, named and appointed as a vice president andAssistant secretary of the Corporation solely for thepurpose of acting as duly aut.horized signatories on it.sbehalf, such that any of the listed personnel fldy,

so1ely in their capacity as authorized signatories,execute any and all reasonable and necessary documentsrequired in connection with processing the Assig-nmentsand Releases;

Bryan Bly

Crystal Moore



Ms. Lisa Epstein

March L4,201.LPageT

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 iiactionable, 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 ifmade in internet "chat rooms," See Becker v. Hooshmand, B4I So. 2d 561 [Fla. 4th DCA20031.

You must remove all references to Mr. Bly, Ms. Moore, NTC, or any of its otheremployees within five [5J days of the date of the letter and cease and desist making anyfalse statements about Mr. Bly, NTC, or its employees, whether on the Internet orotherwise.

To the extent that you contend that you published these comments in good faith; orthat their falsity was within the protective mechanism outlined in Section 770.02, Floridastatutes fwhich NTC disputesJ, NTC, Mr. Bly, Ms. Moore, Ms. Doko and Ms. McGowan herebydemand 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 associatedwith 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

Please go to www.nwtc. com/aboutf lrAQ.html and

04437-00100 62314O v2

Documents

Nationwide Title Clearing Cease and Desist Demand Letter to Lisa Epstein Dated March 14, 2011