Lynn E. Szymoniak, Esq., is the editor and owner of a website called Fraud Digest. Ms. Szymoniak has an extensive and detailed knowledge of complex issues related to mortgage trusts and mortgage backed securities. She also has an incredibly detailed database and library of false and questionable assignments from all over the country. She has qualified as an expert witness on fraud issues in state and federal court cases. When Lynn alleges fraud, she’s got the facts and the details to back those claims up. Consider her as an expert witness in any of your trust cases.
Attached here is a detailed article Lynn wrote which addresses issues raised in the New York Case U.S. Bank, N.A. v.
Emmanuel, 2010 NY Slip Op 50819. The reason why this case is so important is Judge Archur Schack dismissed a foreclosure case and found the Plaintiff had no standing to proceed with the case because the assignment of mortgage was executed by an attorney working for the Plaintiff in the case. As detailed in the article:
In tens of thousands of cases, law firm employees sign as MERS officers, without disclosing to the Court or to
homeowners that they are actually employed by the law firm, not MERS, and that the firm is being paid and working on behalf of the Trust/Grantee while the firm employee is signing on behalf of the original lender/Grantor.
This improper situation of lawyers producing the evidence and submitting it to the court on behalf of their clients to support the case is an epidemic in courtrooms across the country. The full opinion can be read here. This is a key case for all practitioners because the legal rationale used by the judge in the opinion should be cited in Motions to Disqualify counsel and in Motions to Dismiss cases.
Happy Hunting!