Professional Documents
Culture Documents
Plaintiff
Comes now the Defendant, Matthew Palmer by and through his counsel, The Law Office
of Gerald Solomon, P.A. and Gerald Solomon, Esquire and Bascietto & Bregman, LLC, and
John Bascietto, Esquire in his Motion to Stay and Dismiss Based On Fraud on The Court, and for
2. The jurisdiction of this court was invoked in this case by the filing of an Order to
Docket.
a. The instrument creating or giving notice of the existence of the lien has to
have been filed for the record; and
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c. a copy of any separate note or other debt instrument supported by an
affidavit that it is a true and accurate copy and certifying ownership of the
debt instrument;
6. Plaintiff Jacob Geesing, Esquire is also a principal in the law firm of Bierman,
7. Bierman Geesing & Ward, LLC also represent Plaintiff Jacob Geesing, Esquire.
8. Plaintiff Jacob Geesing, Esquire invoked the jurisdiction of this Court by the
filing of a Order to Docket and affidavits executed by him in front of a notary as follows:
a. An affidavit stating that the copy of the lien instrument attached to the
pleading was a true and accurate copy;
b. An affidavit by Jacob Geesing, as attorney for the secured party that the
plaintiff, Jacob Geesing, Esquire has the right to foreclose and a statement
of the debt remaining due and payable;
e. An affidavit that Defendant was not in the military service of the United
States;
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9. Each affidavit submitted by Jacob Geesing in this case contained an assertion that
10. In the instant case Jacob Geesing, Esquire also executed affidavits for the:
11. Upon information and belief Jacob Geesing, Esquire is the named Plaintiff trustee
in approximately 8,000 active cases filed in the State of Maryland for the year 2009 alone.
12. Jacob Geesing is the named Plaintiff trustee in the following named cases:
b. Geesing v. Laur, Circuit Court for St. Mary’s County, Maryland, case
number 18-C-09-001338;
13. The affidavits containing Jacob Geesing and notary signatures in the mentioned
Geesing v. Palmer
Affidavit of Non-Military Service
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Affidavit, Pursuant to MD Rule 14-207(b)(1) Regarding Copy of Lien Instrument
Report of Sale
Geesing v. Laur
Affidavit of Mailing of Notice to Occupants
Geesing v. Lembach
Affidavit of Mailing of Notice to Occupants
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Affidavit of Deed of Trust Debt and Right to Foreclose
Geesing v. Stewart
Affidavit of Mailing of Notice to Occupants
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Geesing v. Nachbar
Report of Sale
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14. Due to the variation in signatures Katherine Mainolfi Koppenhaver, of Forensic
Document Examiners, Inc. was retained to examine the signatures of Mr. Jacob Geesing and
Rodnita Moulton.
16. Ms. Koppenhaver is the author of two books, has twenty five years of experience
and has handled over 2,500 cases. See Curriculum Vita Exhibit 1.
17. Ms. Koppenhaver examined documents as detailed in her report dated November
18. Ms. Koppenhaver opined that there are four different people signing Mr.
19. The execution of Attorney Geesing’s name by four different people and two
different people executing Notary Rodnita Moulton’s name constitutes a fraud on the court both
for the acquisition of jurisdiction for the court to proceed as well as determination of the merits
of the case.
E. Grant him such other and further relief as the nature of his cause requires.
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Respectfully submitted,
_______________________________
By: Gerald Solomon, Esquire1
9857 Majestic Way
Boynton Beach, Florida 33437
(561) 735-3536
And
_______________________________
By: John Bascietto, Esquire
4741 Sellman Road
Beltsville, Maryland 20708
(301) 937-3300
Plaintiff, Jacob Geesing, Trustee invoked the jurisdiction of this Court by filing an
Order to Docket. Md Code Ann., Real Property, Rule 14-207(a)(1). The Order to Docket
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Executed through electronic image emailed to co-counsel for presentation to the court with authority.
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(4) a copy of any assignment of the lien instrument for purposes of
foreclosure or deed of appointment of a substitute trustee
supported by an affidavit that it is a true and accurate copy of the
assignment or deed of appointment; (Emphasis added)
Md. Code Ann., Real Property, Rule 14-207(b). The requisite affidavits are jurisdictional, that
Further, the appellate Courts are clear that foreclosure is not a civil
matter, but is rather "is an in rem procceding," that "an order to
docket is not a pleading" within the meaning of the Rules, and that
"it is not necessary to serve the opposing party with process" when
commencing a foreclosure proceeding. . . .
Geesing v. Stewart, Circuit Court for Montgomery County, Maryland, case number 321204V,
In all five cases cited herein, Plaintiff moved forward with either a sale of the property
despite obvious defects in title or has noticed the property for sale despite motions pending
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before the court and failure to proceed in good faith in President Obama’s Making Home
Affordable provision designed to help Americans keep their homes after the recent housing
crash:
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without attaching any type of corporate resolution that a secretary,
as opposed to a corporate officer, has authority to indorse a note.
The case of Outen, et.al., v. Baltimore County, Maryland, et.al., 177 F.R.D. 346, (1998)
In Green v. Mayor and City Council of Baltimore, et al., 198 F.R.D. 645 (2001) The
Honorable Frederick N. Smalkin faced a similar set of facts, although not as egregious as the
instant case. Plaintiff in the Green case submitted statements in opposition to a Motion for
Summary Judgment. Subsequent to the submission of the statements, Plaintiff, himself a high
ranking police officer and a notary, signed signatures of the affiants, without any indication of
agency, sealed the document with a notary’s seal and stated that the signatures were “Sworn
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before me.” Subsequent to the filing of the false affidavits the affiants stated that they authorized
the Plaintiff notary to sign for them after they were told that the amendments had been made.
The immediate case and four other cases referred to herein (similar motions are being
brought simultaneously with this motion or will be brought within the next few days) are a
microcosm of the foreclosures filed in Maryland by Plaintiff’s law firm. There are
approximately eight thousand open cases filed in 2009 alone that were filed by Plaintiff. If each
case was filed using the same fraudulent tactics then hundreds of people per day are losing their
homes to foreclosure grounded on fraud on the court with an untold number of cases based upon
It is understandable why Plaintiffs have resisted discovery and have not produced one
piece of paper requested by many of the Defendants. They claim that the court must grant leave
to take discovery. It is that very discovery that would disclose the extent of the fraud practiced
within Plaintiff’s law firm and moreover, the extent of deficiency in the underlying submissions
to the Court, such as a note that was not indorsed, the appointment of a substitute trustee made
without authority or a false statement made in denial of a Making Home Affordable application.
As this Motion sits on the Court’s desk awaiting action there are homeowners who are
being put into the street because they were conned into exotic loans which they were told that
they could afford, by individuals trained in finances and sales. The securitization process of
these pooled loans made trillions of dollars for those within the banking and investment industry.
These same lenders received billions of dollars in bailout funds and are now using the services of
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Plaintiff who is foreclosing on their properties through outright fraud. This must be stopped,
even if done one case at a time. Plaintiff and his principals have infected their claim through
Respectfully submitted,
_______________________________
By: Gerald Solomon, Esquire2
9857 Majestic Way
Boynton Beach, Florida 33437
(561) 735-3536
And
_______________________________
By: John Bascietto, Esquire
4741 Sellman Road
Beltsville, Maryland 20708
(301) 937-3300
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the ______ day of ______________, 2009 a copy of the
foregoing was faxed and mailed to Jacob Geesing, Esq., counsel for Jacob Geesing at Bierman,
Geesing & Ward LLC, 4520 East West Highway, Suite 200, Bethesda, MD 20814.
________________________________
John Bascietto, Esq.
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Executed through electronic image emailed to co-counsel for presentation to the court with authority.
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