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Plaintiff,
Judge:
Defendant
and
Defendant-Intervenor.
[Filed concurrently the following: Notice of Motion, Defendant's Separate Statement of Undisputed Facts, Motion to Disqualify Opposing Counsel, Defendants Objection to Plaintiffs Witnesses, Affidavits and Exhibits Incorporated Motion to Strike and Memorandum of Law, Defendant Twila A. Butler fjkja Wolfs Sworn Affidavit of Fact, Defendant's Motion For Compensation For Time Incorporated Memorandum of Law, Supporting Exhibits On Defendant's Objection to Plaintiffs Motion to Lift Stay and Motion for Final Judgment Incorporated Motion for Sanctions, Declaratory and Injunctive Relief and Memorandum of Law. [Proposed Order Granting Defendants Motion] Date of Hearing: Time of Hearing:
Date of Hearing: Time of Hearing: _ _
_ _
DEFENDANT'S MOTION TO DISOUALIFY OPPOSING COUNSEL INCORPORATED MOTION FOR SANCTIONS. DECLARATORY AND INJUNCTIVE RELIEF AND MEMORANDUM OF LAW. TITLE TO REAL PROPERTY INVOLVED INJUNCTIVE RELIEF SOUGHT JURY TRIAL DEMANDED
Defendants, (collectively
WOLF
and
CHARLTON
A. BUTLER Singularly
"THE BUTLER'S"
"VICTIMS"
of an Order
disqualifying
STATE OF MAINE CIVIL Law Offices of Perkins Thompson, No. 10012 and her superior from representing 1.
COUNTY OF PENOBSCOT
SUPERIOR DISTRICT COURT in particularly Attorney's Stephanie A. Williams Bar "Perkins")
Plaintiffs in this case, and would show: this lawsuit for mortgage foreclosure, yet THE BUTLER'S,
DEFENDANT HOMEOWNERS, never signed a Note and Mortgage contract with Plaintiffs. The Note and Mortgage, documents, fraudulent, origination a creation of Plaintiffs of this supposed upon which this lawsuit is based, are themselves counsel for Plaintiffs all the way back to the alleged,
and/or
agreement.
standing, claimed without, as a fact any documentation 2. Standing, the very constitutional
only if in possession
of standing so as to preserve
it is axiomatic
that standing
is given to bring this lawsuit in fraud, charged or Plaintiffs as such by counsel nor
on an alleged Note and Mortgage produced and never once properly defended
by Plaintiffs
standing established. 3. Particularly when it is noted for the record that they have, in their latest motion for yet again, failed to establish standing under the U.c.c. or Federal
summary and/or
judgment,
State Statutes, and thus are, as if it would avail them much, waving their hands
and crying ABRACADABRAand therein due to said magical spell, are, for some unknown reason, expecting, the same old tired flawed and fatally defective documents of an
alleged Note and Mortgage, along with a couple of shiny certificates, results for them.
to change the
OJ t>(
4.
Certificates
nothing
common
c,
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COUNTY OF PENOBSCOT
SUPERIOR DISTRICT COURT fact that TO BANK
N.A. merged with a couple of other banks and nothing more. Their Motion for Summary Judgment, as a state claim is again fatally flawed and as effective and legal as the last
time both state and federally. They continue to fail to show they own the note and are the holder in due course. 5. Maine's appellate courts in deciding "Murphy & Carter" and recently, Florida's High
Court as well, have, for lack of a better term, begun "cracking down" on banks vis a vis these Fraudulent Foreclosures and their first cousins Fraudulent Assignments of
Mortgage. These being, a few, amongst the many, frauds perpetrated the American public. To illustrate, summary assignment judgment of foreclosure
on February 12, 2010, the Second District reversed where the plaintiff bank did not show a proper
of mortgage.
3553 (Fla. 2d DCA 2010). 6. This ruling comes on the heels of the Florida Supreme that all mortgage foreclosure courts are increasingly Court's recent rule change
requiring
lawsuits be executed under oath. Suffice it to say concerned about Assignments of Mortgage and
that Florida
ensuring that the correct bank has filed suit for foreclosure.
initiated at the legislative level what Florida has done with, court level, rule change and 7. Both changes, have decided / will decide, that no longer shall thieves and their
in Maine or Florida's courts. Gone are the days of running amok to continue seeking to foreclose on a person's
or being allowed
unless, they would like to put a little skin in the game, and that being, their law
In the case at bar, the Official Records of Penobscot of Mortgage, purporting to transfer
4th
Assignment
on December
2000
(Note and Mortgage) is attached as Exhibit "A." and "B". is very much in question. Quite frankly, it seems
was not executed by anyone at TD Bank N.A. in the ordinary course law, unless criminal felony forgery and felony fabrication is their ordinary business. executed by Plaintiffs and/or their coof
as is required
in the continuation
Con" at this point; besides the Defendants, exactly, whom, else, the Plaintiffs and counsel, are trying to Con, would be a question for this court as its obvious that they submitted the county of Penobscot attempting Registrar of Deeds fraudulent and forged documents, to
and are
to pass those off to this court and make an idiot of you your honor. have transparencies that accounting for the shift and reduction on the documents, for the
11. Defendants
copier, anti-counterfeiting
Plaintiffs are
relying on, are forgeries and evidence of a crime as they exactly, and as any graphologist will testify to, the same and an impossibility. "BB2" "CC1" and "CC2". 12. As it would appear Thompson, attorneys, with the open declaration are debt collectors. on one hand the fact that, Perkins Williams has stated so in Defendants Exhibits "AA1" "AA2" "BB1"
Stephanie
Defendants Exhibit "D" 13. Then David McConnell's lack of such declaration means what? A flagrant disregard
rn
0...
:5l:
in a
anyway, they could and or can, and this court should direct the district Penobscot county to investigate and prosecute these criminals.
15. The benefits? To reap a profit from beating those who are too dumb to argue, or just too beaten down to show up for the foreclosure hearing, when it is very likely they but for the flagrant now
should have never been there in the first place, like Defendants, disregard and/or for the law shown by Plaintiffs
16. Or they are saying the courts of Maine are idiots, worse ... are they are intimating this court is their partner? This is not Defendants argument, mind you, but Defendants would most assuredly advocate that your honor have these questions on your lips asking this
firm exactly what do they mean. 17. THE 8UTLER'S realize this is a serious allegation. take a look at Exhibits "A" and "8" hereto. documents As such, they invite the Court to review of the
straight one shot to the Trusts they were sold to, as is the only definition
how Plaintiffs could claim that they own the notes in question.
means for creating a trust or showing the chain of true sales as required PSA they must keep too to qualify for tax free status.
Defendants Motion To Disqualify Opposing Counsel
work day, application for, approval of, closing 123 done is not within the realm of sane intelligent thought process .. 23. This in direct contradiction to the four; at least four true sales that did not occur and would further nullify this alleged contract already void ab initio as well prima facie a clear case of fraud to many with the poor Defendants merely first on that list. 24. All these many reasons alone and taken in combination with Defendants other
motions would indicate the reasons why this court should immediately grant Defendants motion. -PRAYER-
Therefore,
Defendants
pray
this honorable
court
grant
Defendants
motion
to
matter now at bar. That, this court, would also seek that counsel for Plaintiffs appear before the bar to explain themselves Attorney for the County of Penobscot. Respectfully submitted this 29th day of February 2012. and that they explain themselves to the District
: es c,