Lynn Szymoniak, had Her Foreclosure Case Dismissed

4closurefraud website:


Just thought I would let everyone know that our 60 Minutes Hero, Lynn Szymoniak, had her foreclosure case dismissed today, without prejudice and with leave to amend, but, they now have 30 days to come back with a VERIFIED complaint…

FL RULE 1.110 Verified Complaints

When filing an action for foreclosure of a mortgage on residential real property the complaint shall be verified. When verification of a document is required, the document filed shall include an oath, affirmation, or the following statement:

“Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief.”

Which robosigner are you going to throw under the bus on this one if you decide to amend?

Her attorney did an outstanding job while the banks attorney from Akerman Senterfitt stuttered through his arguments.

The judge actually listened and ruled accordingly with the law and I am sure it had nothing to do with her being on 60 minutes this past weekend, or that I, 4closureFraud.org, along with Lisa, ForeclosureHamlet.org, Michael, from Legalprise, and a reporter from the Palm Beach Post was in the courtroom today sitting next to Lynn while her motion to dismiss was heard.

There are so many issues in her case, such as a Linda Green assignment and a very poorly Photoshopped allonge. They cut and pasted the book and page number from her mortgage to try and make it look authentic… Looks like they used a glue stick to do it.

Anyway, can’t wait to see if they dare refile the complaint.

Lynn thinks they are going to come back for more…

I do not, but I double dog dare them to try.

We will see, they have 30 days to amend and pretend.

Congrats to Lynn and her Attorney from all of us here at 4closureFraud and across the internets!

More on Palm Beach Post:



An attorney for Deutche Bank declined to comment on whether the bank would refile the foreclosure case. However, if the bank does so, it will have to comply with new, court-ordered guidelines that require lenders to verify the truthfulness of the documents. Those rules were not in effect in 2008 when Deutsche Bank filed to foreclose on Szymoniak's home.

Szymoniak's attorney, Mark Cullen, said the ruling is good news, even if the bank refiles . In a new lawsuit the bank would be required to attach the note for the loan.

Initially, the bank said it lost the note. Then the bank found the note. However, the date on the newly found document showed that Deutsche Bank did not acquire the loan until several months after it sued Szymoniak.

Other irregularities appeared as Szymoniak continued reviewing her documents, including an addendum, called an allonge, that appeared to have been cut and pasted together before being copied and a sworn affidavit signed by Linda Green, a prolific robo-signer. One of Green's co-workers appeared on 60 Minutes and said he also signed Green's name to notarized documents.

Although Szymoniak's findings did not make it into evidence in her own case, they have been used in a presentation by the Florida attorney general, which is investigating foreclosure fraud. If the case is refiled, Cullen intends to use them.