IN THE EIGHTEENTH CIRCUIT COURT IN AND FOR SEMINOLE COUNTY,

FLORIDA

U.S. BANK, NATIONAL ASSOCIATION, AS

TRUSTEE FOR MASTR ASSET BACKED
SECURITIES TRUST 2006-FRE1,

Plaintiff, CASE NO.: 2006-CA-001343

v.

CATHERINE F. VELARDO & NELSON J. VELARDO

Defendants,

________________________________________________________/

EMERGENCY MOTION TO RECONSIDER ORDER GRANTING US BANK’S

EX PARTE MOTION TO RESET FORECLOSURE SALE

Comes now, The Defendant’s Catherine F. Velardo and Nelson J Velardo, and
pursuant to Florida Rules of Civil Procedure 1 .100(b) and Section 702.07 of the FL
statutes, requests this Court to RECONSIDER the Order of 09/27/2010 granting US
Banks ex parte motion to reset foreclosure sale and as grounds thereof do state:

1) The Law Offices of David J Stern, as counsel for Plaintiff US Bank, N.A., has
filed multiple ex parte motions to reset the foreclosure sale date of the Defendant’s
homestead.
2) This is usually granted if the other party could not possibly say anything to
effect the matter, which is most certainly not the case in the instant foreclosure
action.
3) The Defendants have a criminal affidavit that is currently under
investigation, with the FL Economic Crimes Division of the Attorney General’s
office, against the Law Offices of David J. Stern and against David J. Stern
individually. The law offices of David J. Stern is currently counsel for US Bank,
N.A., in the instant case, and is currently being investigated for the “in house
manufacturing” of documents filed with the court’s to obtain the court’s
jurisdiction by fraud and deceit. A federal investigation is also currently ongoing
related to the same issues by the US Department of Justice. **(Exhibits are already
part of the record as they were filed together with Defendants Motion to Disallow any
Further Ex parte Motion from Plaintiff US Bank on 09/23/2010 under Exhibits: “A” &
“B”, Defendants request that said exhibits be noticed by the court as if they were hereto
attached to the present motion as their relevance is identical on both motions.)
4) Further, the Defendants currently have three outstanding legal proceedings, all
directly related to this case and the issues of fraud upon the court, both intrinsic and
extrinsic, issues of jurisdiction and Voided Judgment. These cases are all pending before
the FL 5th DCA as case #’s: 09-1992; 09-3180; 10-2711. Case 09-3180 is a perfected
appeal awaiting judicial assignment and case 10-2711 is a new appeal that seeks to
over-turn this courts arbitrary decision that denied the Defendants request for an
evidentiary hearing even though two affidavits were filed with the court, and made
part of their Motion for Evidentiary Hearing, both these affidavits are by document
fraud experts, one of which is a certified FBI trained fraud examiner that has done
massive work for the federal courts.
5) On September 27, 2010, Senior Judge Edwin Sanders signed the Order granting
US Bank their ex parte Motion, filed through their counsel the Law Offices of David J.
Stern, to reset the sale of the defendants homestead and setting the sale for October 28,
2010.
6) Judge Sanders is a senior judge that is not in any way shape or form privy to the
ongoing litigation on this case, nor the fact that this case is under investigation by both
state and federal authorities for multiple criminal allegations that, if to be proven true,
would void ab initio this foreclosure action, deny this court of jurisdiction and potentially
face, both US Bank and the Law Offices of David J. Stern, with criminal charges under
multiple state and federal violations.
7) Multiple Attorney Generals, including the Florida Attorney General, US District
Attorney and the FBI economics task force are investigating the law offices of David J.
Stern and other foreclosure mills involved with the in-house manufacture of documents
with the INTENT of obtaining the court’s jurisdiction in the prosecution of these
fraudulent foreclosure actions.
8) The Defendants have noticed this court multiple times about these criminal acts
against the court and have only been ignored by this court. The Defendants have had
multiple motions, to this effect, denied without hearing; the Defendants have been denied
an evidentiary hearing to which they are constitutionally entitled, and finally this court
has ignored the Defendants request that ex parte hearing not be allowed in a case that is
currently under criminal investigation and of which an appeal for this courts ABUSE of
discretion is pending
9) DEFENDANTS STATE FOR THE RECORD: for this court to continue to
allow the Law Offices of David J. Stern to proceed ex parte in the grand theft of
their homestead, even after being advised by affidavit and through documented
motion after motion of criminal acts that have been committed by the plaintiffs in
obtaining this court’s jurisdiction , constitutes enabling commission of a felony and
engaging in misprision of felony, the defendants can and will prosecute to the full
extent of the law and have advised the FL Attorney General that they intend to do
so. These flagrant constitutional violations of the Defendants due process rights are
subject to relief by this court and are correctable.
10) Furthermore, these affronts to due process impose jurisdictional failings on this
Court that may and will require judicial review and further investigation if they are
allowed to continue. This court has full jurisdiction to dismiss the Order granting this
illegal ex parte Motion from the Plaintiffs pending the outcome of this investigation by
law enforcement and the appeal pending before the 5th DCA that argues this court abused
its discretion in denying the Defendants Motion for Evidentiary hearing, although there
was an expert witness affidavit, attached to the motion, from an expert FBI trained fraud
examiner, that has assisted the US government in multiple corporate criminal
investigations and who herself is an attorney and expert fraud examiner.

WHEREFORE, Defendants ask that this court DISMISS this illegal Order granting the
Plaintiffs ex parte motion to reset foreclosure sale, disallow any further ex parte motions
from the plaintiffs, and instead call for evidentiary hearing any further attempt by
plaintiff to reset for sale the defendants homestead property, or in the alternative deny
any further ex parte Motions pending resolution by the FL 5th DCA on the current appeal
that will adjudicate on whether or not the court abused its discretion in denying
Defendants an evidentiary hearing. Copy of this Motion has also been submitted to law
enforcement and multiple legislators that are also aware of the ongoing investigations.
.
Catherine F Velardo & Nelson J Velardo
867 Paddington Terrace
Heathrow, FL 32746 (407)771-4467
President@americansunitedforjustice.org

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing Motion was forwarded to: Michelle
K Mason Law Offices of David J via e-mail Mail to mmason@dstern.com on the 6th day
of October of 2010.

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