Beth Cottrell, Chase Home Finance Robo-Signer Extraordinaire – Motion for Sanction of Dismissal WITH Prejudice � Foreclosure Fraud – Fighting Foreclosure Fraud by Sharing the Knowledge

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Beth Cottrell, Chase Home Finance Robo-Signer Extraordinaire – Motion for Sanction of Dismissal WITH Prejudice � Foreclosure Fraud – Fighting Foreclosure Fraud by Sharing the Knowledge

Filing and submitting to the Court such a blatantly fraudulent affidavit is grounds for the sanction of dismissal with prejudice. Trial courts have “the right and obligation to deter fraudulent claims from proceeding in court.” Savino v. Fla. Drive In Theatre Mgmt., Inc., 697 So.2d 1011, 1012 (Fla. 4th DCA 1997).

Defendants submit that all of the applicable standards for dismissing a case for fraud have been met in this case. First, this would be “a most blatant showing of fraud.” Plaintiff’s affidavit refers to the affiant having personal knowledge four times. Yet COTTRELL admitted, without reservation, that she did not have personal knowledge of the matters in the affidavit.

Second, clear and convincing evidence abounds that the substance and submission of the affidavit were fraudulent. COTTRELL’s own words from her deposition prove without any doubt that she testified to things in the affidavit which simply were not true.

Third, Plaintiff and Plaintiff’s law firm have undoubtedly set in motion this process of trying to influence the finder of fact. This is not the first time that fraudulent affidavits filed by Florida Default Law Group, P.L. have been brought to this Court’s attention.

Furthermore, the Court cannot assume that this is an isolated incident whereby Plaintiff accidentally failed to live up to its own words in an affidavit. Rather, COTTRELL testified that her office signs over 18,000 documents a week between 8 people. COTTRELL further testified that “My review [of documents] is more or less signing the document unless it’s questionable.” Accordingly, the Court can be assured that the subject affidavit is not the only document filed by Plaintiff or its counsel that is without any verification or truth behind the facts asserted.

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