Hearing February 11, 2011 3

1 (The following proceedings were had

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL at 9:15 a.m.)
CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA MS. MUSSARI: Good morning, Your
CASE NO. 09-4075 CA 01 CENTRAL MORTGAGE Honor.
COMPANY, THE COURT: Good morning. I think
Plaintiff, before I start anything else -- Kim?
vs. THE BAILIFF: Yes, Judge.
EDUARDO GONZALEZ DEL REAL, ET AL., THE COURT: There should be a rule
Defendants. to show cause.
/ THE BAILIFF: This is number one.
HEARING BEFORE THE HONORABLE THE COURT: It's number one?
JUDGE MAXINE COHEN LANDO MS. MUSSARI: Yes, Your Honor.
FRIDAY, FEBRUARY 11, 2011 09-4075.
9:15 a.m. - 10:00 a.m. THE COURT: Do we have a court
73 WEST FLAGLER STREET reporter?
MIAMI, FLORIDA MS. MUSSARI: We have two, Your
--- Honor.
Reported By: THE COURT: We only need one.
Katiana Louis MS. MUSSARI: My motion to dismiss
Notary Public, State of Florida Miami Office #207219 with prejudice, Your Honor, is also set
Toll Free: 800.211.3376 for today.
THE COURT: Okay. Let me just pull
APPEARANCES: it all up. There were several motions,
On behalf of the Plaintiff: but there's the Court's ordered to show
BEN-EZRA & KATZ, P.A. cause.
2901 Stirling Road Hearing February 11, 2011
Suite 300 Toll Free: 800.211.3376
Fort Lauderdale, Florida 33312 Facsimile: 305.493.3322
BY: MARC A. BEN-EZRA, ESQ. 14th Floor
SUSAN ROSALES, ESQ. 44 West Flagler Street
DAVID KARPINIA, ESQ Miami, FL 33130
DOUG HARRISON, ESQ. www.esquiresolutions.com
On behalf of the Defendant: 1
1740 Northwest 93rd Avenue 2
Miami, Florida 33172 4
BY: MARIA MUSSARI, ESQ. For the record, this is Central
DAVID GORDON CORNELL, ESQ. Mortgage Company, Plaintiff, versus
6510 Brava Way Eduardo Gonzalez Del Real et al.; is
Boca Raton, Florida 33433 that correct?
Toll Free: 800.211.3376 MS. MUSSARI: Yes, Your Honor.
Facsimile: 305.493.3322 THE COURT: And, Counsel, will you
14th Floor recite for the Court a history of this
44 West Flagler Street case?
Miami, FL 33130 MS. MUSSARI: Your Honor, on
www.esquiresolutions.com January 21st, there was a hearing held
Hearing February 11, 2011 on a motion to vacate judgment in this
Toll Free: 800.211.3376 matter. Based upon the record itself in
Facsimile: 305.493.3322 which the Court reviewed the file, found
14th Floor that the original mortgage that had been
44 West Flagler Street filed was not even the mortgage which is
Miami, FL 33130 the subject of the foreclosure case.
www.esquiresolutions.com In addition, there was an
1 assignment of mortgage that was filed
2 from Argent Mortgage to Central Mortgage
25 Company, that assignment of mortgage
appears to be fraudulent on its face THE COURT: Well, Mr. Cornell --
where it was -- and I want to get the Kim, do we have the file? I suggest you
dates right -- the assignment of do so.
mortgage says that it was effective on MR. BEN-EZRA: Your Honor, we can
September 1st of 2009. However, a address the concerns that Counsel has.
Hearing February 11, 2011 THE COURT: Okay.
Toll Free: 800.211.3376 MR. BEN-EZRA: Shall we? The --
Facsimile: 305.493.3322 THE COURT: Then you are going to
14th Floor need to address the concerns that the
44 West Flagler Street Court has.
Miami, FL 33130 MR. BEN-EZRA: That's why we're
www.esquiresolutions.com here first and foremost. The assignment
1 of mortgage contains a particular
2 notarization document that is used in
3 California. We have nothing to do with
that. Our client doesn't have anything
5 to do with that.
representative of Argent Mortgage THE COURT: I'm sorry. An attorney
Company signed it on January 6th of doesn't stand behind their pleadings?
2008. And it was notarized in MR. BEN-EZRA: No, no. Your Honor,
California pursuant to a California we didn't notarize it. We didn't
All-Purpose Acknowledgement dated produce the document.
January 20th of 2009. Hearing February 11, 2011
Additionally, the first page of the Toll Free: 800.211.3376
assignment, the bottom portion where it Facsimile: 305.493.3322
should be notarized is X'd out. It 14th Floor
says, "see attached." And then the 44 West Flagler Street
All-Purpose Acknowledgement is attached Miami, FL 33130
having been notarized more than a year www.esquiresolutions.com
later. 1
THE COURT: For the record, who is 2
before the Court? 3
MR. BEN-EZRA: Your Honor, Marc
Ben-Ezra, Ben-Ezra & Katz. 25
MS. ROSALES: Susan Rosales on 7
behalf of Ben-Ezra & Katz. In California there is this
MR. CORNELL: Attorney David process, we've seen it in other
Cornell, self-employed. California documents, where they attach
MR. KARPINIA: David Karpinia on a separate notary page like this one.
behalf of Ben-Ezra & Katz. The question about the date is a
THE COURT: I think that these fairly simple clerical error. It makes
pleadings are signed by Mr. Cornell; is sense that this was actually executed in
Hearing February 11, 2011 2009, in January. It's fairly common to
Toll Free: 800.211.3376 make a clerical error at the beginning
Facsimile: 305.493.3322 of the year where you use the previous
14th Floor year's date. So if you notice on the
44 West Flagler Street front of the assignment of mortgage
Miami, FL 33130 somebody had typed, "signed on the 6th
www.esquiresolutions.com day of January 2008," just six days into
1 the new year.
24 However, it was 2009 at that time,
25 which is consistent with what the notary
6 says --
that correct? Mr. Cornell? THE COURT: Excuse me. Counsel,
MR. CORNELL: Well, I haven't had a this is all speculation. What we're
chance to review the file, but -- here about is lawyers practicing law
correctly. Lawyers reviewing the
documents they submit to the Court and
make sure that they are correct before
they are submitted. And "it's not my
Hearing February 11, 2011
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com
1 It was later corrected in the record
9 when we realized the mistake of the
25
8 different county. We did file with the
fault," and "this is a clerical error,"
and "the dog ate my homework," isn't
going to do.
MR. BEN-EZRA: Your Honor, we're
not here to say it's not our fault.
THE COURT: Well, that's sure what
it sounds like to me.
MR. BEN-EZRA: We're talking about
the document. And I'm happy to
address --
THE COURT: Counsel, let's talk
about what was filed before the Court in
this case.
MR. BEN-EZRA: Yes, ma'am.
THE COURT: There is fraud alleged.
MR. BEN-EZRA: If there is fraud
alleged, I'm trying with due respect to
the Court, and please no disrespect
intended, trying to be able to address
the question.
THE COURT: Well, is this really
the question, the real question is:
What kind of supervision you as one of
the named partners and your office was
doing on a case like this with these
Hearing February 11, 2011
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com
1 here.
2 THE COURT: You know, Mr. Ben-Ezra,
recited facts. And what kind of review
Mr. Cornell -- and Mr. Cornell, here is
the file, take a look at it -- was doing
before he filed these papers and filed,
I think he should have filed if this is
a residential mortgage foreclosure, an
affidavit before the Court that these
things are true and correct, that people
were served, that he's reviewed all the
documents, that this is a proper
mortgage, when the mortgage that was
filed was -- excuse me, did I hear that
it was not the mortgage that belongs to
this case?
MR. BEN-EZRA: There was a
mortgage -- the correct note was filed,
and a mortgage with another borrower
with the same last name was attached.
incorrect name of the mortgage in a
Court the correct one. And I believe
that that's the set of documents that
the Court entered judgment upon.
Hearing February 11, 2011
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com
1
2
10
MR. CORNELL: Your Honor, may I
approach the bench?
THE COURT: Yes.
MR. CORNELL: For the record, the
attorney who signed the filing of the
original mortgage and assignment is
Dominic --
THE COURT: Abreu.
MR. CORNELL: -- that is not me,
Your Honor.
THE COURT: Who is Dominic Abreu?
MR. BEN-EZRA: He was an attorney
with our firm, Your Honor.
THE COURT: And he's not there
anymore either, right?
MR. BEN-EZRA: Correct.
THE COURT: So --
MR. BEN-EZRA: You have me here and
you have other attorneys from our firm
the Court's experience in the matter of
foreclosures in general -- the Court's
experience with law firms in these
matters -- when I have to touch a file
Hearing February 11, 2011
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com
1 terms of that, it means you have a
19
11
more times than I need to because of
sloppy, shoddy, negligent work done by
attorneys that rises to the level of
gross negligence, especially in a matter
like this, somebody's losing their
house.
The idea that these cases should be
handled in some sort of factory fashion
may be okay for you --
MR. BEN-EZRA: No.
THE COURT: -- but it is not okay
for the Court.
MR. BEN-EZRA: Your Honor, it's not
okay for me either. And I regret the
fact that your time was wasted and I
apologize for that.
I can talk about the merits, but I
know that you are upset by the waste of
time.
THE COURT: Look at this.
MR. BEN-EZRA: May I approach?
THE COURT: Yes. Look at this.
Now tell me that a lawyer, a real lawyer
looking at this is not going to call
their client up and say, "You know, I've
Hearing February 11, 2011
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com
1 My client was 1099 for the full
2 price of this mortgage. And this 1099
22
got these papers and they just don't
look right to me. You resubmit them."
I mean, you're a lawyer. You're
supposed to be talking to your clients.
Or is it just that you do everything
your clients tell you to do, you blindly
submit papers, that gets thrown in front
of the Court. And that's what I'm
seeing with a case like this. This is
not the only case like this.
MR. BEN-EZRA: Your Honor, that is
very frustrating to me as well as you.
I can address some things --
THE COURT: It may be frustrating
to you, Counsel, but I'm sure you're
still -- your office collects your fees
on every one of these cases. And in
professional responsibility. And you
being frustrated isn't going to do it.
MR. BEN-EZRA: Would you like to
hear things that we're doing to look at
systemic issues?
THE COURT: First I would like to
hear -- I mean, as far as I'm
Hearing February 11, 2011
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com
1
2
13
concerned --
MR. BEN-EZRA: May I point
something out?
THE COURT: -- this case gets
dismissed. It gets dismissed. The
foreclosure will get dismissed with
prejudice because of unclean hands on
the part of the plaintiff. You can have
your judgment on the note. And when the
place gets sold, you can get your money.
MS. MUSSARI: Your Honor, I
actually want to bring something else to
the Court's attention, which I attached
to my motion to dismiss. It appears
that there are two documents at the very
end of my motion to dismiss attached as
Exhibit E.
says -- doesn't say Central Mortgage, it
actually says, "Manna Mortgage Loan
Trust" with a trust number after it. It
says, "account number," which matches
this mortgage in the amount of
227,000-and change.
Hearing February 11, 2011
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com
1
2
And if you see in box one it says,
"date of lender's acquisition or
acknowledgement of abandonment" is
September 23, 2010, but yet the
plaintiffs pushed forward on trying to
foreclose on this property. So I don't
even think they are entitled to judgment
on the note since --
THE COURT: I think you're right.
MS. MUSSARI: -- they dumped the
entire principal balance on a 1099 and
abandoned their security on the
property.
MR. BEN-EZRA: Has he deeded the
property to our client?
THE COURT: What's the difference?
If you decide to 1099 them and your
client takes it off the books, then I
don't care whether he deeded it or not.
He's paid for it. He's got the lien on
him. He's been charged for the income.
MR. BEN-EZRA: I would like to be
able to have the opportunity to address
that issue more fully --
THE COURT: You go right ahead.
Hearing February 11, 2011
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com
1 making sure that it was going to be
2 faxed.
15
MR. BEN-EZRA: -- in a separate
hearing. We are not prepared to --
THE COURT: We're not going to have
a separate hearing any more. We are not
having anymore time on this case,
Counsel.
The Court is going to make its
decision based on what's before the
Court today. Very frankly, you're
coming in front of me, you should have
walked in with these papers. Why didn't
you? Why didn't you walk in with these
papers? Why is it that Defendants come
in with this?
This was not properly researched by
your office. You took the Court's Rule
to Show Cause lightly. You are walking
in here, as far as I'm concerned,
totally unprepared, except to make a
bunch of flimsy excuses and to say,
Judge, I'm really sorry. Please don't
hurt us. We're going to do better now.
Tell me what you know about this
file, Mr. Ben-Ezra.
MR. BEN-EZRA: Your Honor, I
Hearing February 11, 2011
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com
1
2
22
25
16
reviewed the issues about the assignment
of mortgage. I've reviewed the issue
about the note or the mortgage and I
reviewed the issue regarding the
appearance at the hearing on the 21st,
which I think is the hearing that made
the Court --
THE COURT: Did you review
Counsel's submissions?
MR. BEN-EZRA: I'm not familiar
myself with the 1099.
THE COURT: So you didn't review
the submissions that were --
MS. MUSSARI: They were faxed to
their office, Your Honor. And I believe
that Ms. Rosales even called my office
THE COURT: Okay. So nobody
reviewed it, and you certainly didn't
review it. That's number one.
Number two, if you'll notice on my
Rule to Show Cause, when I tried to
reach your office by telephone, me, the
Court, on the 31st of January, I
Hearing February 11, 2011
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com
1
2
3
17
couldn't even get through. I couldn't
get a human being on the phone. And I
believe, if I'm not mistaken, that
opposing counsel came before the Court
and also testified that -- or suggested
to the Court because she wasn't under
oath -- that she tried numerous times to
reach somebody.
And I hear time after time from
your office, which is why I had to put
this case over, that even when I fax you
things -- I have lawyers walk in here
and go, "Well, we don't get the faxes."
Now I know you get the faxes. Who the
heck is reading what is sent to your
office? You're certainly not. And this
is on a case where you come before the
Court on a Rule to Show Cause knowing
that I can hold you in contempt and send
you to the Bar.
If you don't care enough,
Mr. Ben-Ezra, to review what is supposed
to come in front of you, where your Bar
license is on the line, because you bet
this gets sent -- not only does the
Hearing February 11, 2011
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com
1 MR. CORNELL: Your Honor, that was
13
14
15
16
18
president of the Florida Bar want to
know about these things but so does
Tallahassee. And if you don't think
that I'm going to send it to them, and
I'm going to send them this transcript,
you're wrong, sir. And the fact that
you have not reviewed even what was
submitted, tells me that you don't take
any of this seriously.
MR. BEN-EZRA: Your Honor, we take
it very seriously.
THE COURT: You know what,
Mr. Ben-Ezra, as a judge for 20 years
and a lawyer for 16 more than that, I've
learned to go on what people do, not
necessarily on what people say.
MR. BEN-EZRA: I'm prepared to tell
you about some of the things that we're
doing.
THE COURT: You better be prepared
to tell me about this case because this
is the case that you're here for
contempt of court.
MR. BEN-EZRA: May I see the
document that you're talking about,
Hearing February 11, 2011
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com
1
19
please?
MS. MUSSARI: Sure.
THE COURT: Mr. Cornell, for the
record, you signed the motion for final
summary judgment of foreclosure.
MR. CORNELL: Yes, Your Honor.
THE COURT: That means you stand
behind all of the documents -- when you
sign a motion for summary judgment of
foreclosure, sir, that means that all
your documentation and all your ducks
are in a row and you stand behind it.
So the fact Mr. Abreu may have filed the
actual note and the assignment is no
never mind to me. That means you
reviewed these documents.
filed after I left the firm. I left the
firm in May of 2000 --
THE COURT: I'm sorry. Is that
your signature?
MR. CORNELL: Yes.
THE COURT: It's a motion for
summary judgment. That means you
reviewed all of your documents,
Hearing February 11, 2011
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com
1
2
20
Mr. Cornell.
MR. CORNELL: All the documents
that had been before me I reviewed.
THE COURT: If you didn't have all
the assignments, how dare you file a
motion for summary judgment before this
Court.
MR. BEN-EZRA: Your Honor,
according to the Defendant's motion,
this 1099 was received on or about
February 1, 2011 --
THE COURT: Okay.
MR. BEN-EZRA: -- which was after
the date of the incidents that are
raised --
THE COURT: Mr. Ben-Ezra, do you
not have the obligation to walk into
this Court this morning fully prepared?
MR. BEN-EZRA: Your Honor, of
course our intention is to be fully
prepared.
THE COURT: No not "ours", yours,
Mr. Ben-Ezra. Yours personally. You're
standing in front of me. I'm tired of
"our." You -- somebody is going to
Hearing February 11, 2011
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com
1 copy of this attached to the fax. We
21
start taking responsibility for these
files. And every individual is going to
take responsibility for these files.
And as far as I'm concerned, if you are
the managing partner of this firm,
that's also going to fall on your desk
every single time.
This is not the first time that you
have been before me on a matter such as
this on carelessness. It's not the
first time I've dealt with carelessness
and it's not going to happen again.
MR. BEN-EZRA: Your Honor, this is
the first time I've been before you on
an issue involving carelessness. I'm
not personally aware of having been in
this situation with you before.
THE COURT: You better talk to some
of your in-court lawyers.
MR. BEN-EZRA: But you are talking
about it being a personal issue --
THE COURT: No.
MR. BEN-EZRA: -- this is the first
time that you --
THE COURT: I'm sorry. It seems to
Hearing February 11, 2011
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com
1
2
25
22
me that you were in front of me on a
different matter. I apologize. You
were in front of me on a different
matter.
MR. BEN-EZRA: I was in front of
Your Honor on a different matter. That
is correct, Your Honor.
Also, Your Honor, although Counsel
points out in her motion that the
defendant received this 1099 on or about
February 1st, 2011, Counsel also points
out to me that it was dated 9/23 --
THE COURT: What Counsel pointed
out to you, Mr. Ben-Ezra -- excuse me
for interrupting -- is that she faxed it
to your office prior to this hearing.
MR. BEN-EZRA: We also don't have a
have a copy of the motion. We don't
have a copy of the 1099.
THE COURT: I've got an officer of
the Court standing in front of me who
says, I faxed it to them and then we
called their office to confirm.
MR. BEN-EZRA: I believe her. That
Hearing February 11, 2011
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com
1
23
is not the point. The final judgment --
THE COURT: No, the point is that
somebody didn't review it.
MR. BEN-EZRA: -- the final
judgment, Your Honor, was entered in
July, approximately two and a half
months before the entry of the 1099.
THE COURT: You're still not
getting it.
MR. BEN-EZRA: I'm getting that
you're upset, Your Honor, and I'm
concerned that you're upset --
THE COURT: No, it has nothing to
do with me being upset.
MR. BEN-EZRA: -- and I'm concerned
about the issue of being careless.
THE COURT: And very frankly, this
word that you're using, "upset," I do
this wearing the robe. It's nothing
personal. It's just that I sit here day
after day and I have a duty, a
professional responsibility, as you do,
to give my very best to every single
file that I look at. This file is not,
frankly, my very best because of what
Hearing February 11, 2011
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com
1 Mr. Del Real and the original
24
was filed and it's not your very best by
any means.
MR. BEN-EZRA: Your Honor, I
understand the commitment to provide
your very best. I'm all in favor of
that.
The issue as far as the 1099 goes,
the 1099 would be relevant to the entry
of the judgment. The judgment was
entered before the 1099.
THE COURT: Mr. Ben-Ezra, the only
point I'm making is that you didn't read
it before you walked into this
courtroom. Period.
MS. ROSALES: Your Honor --
THE COURT: No, ma'am --
MR. BEN-EZRA: Your Honor, if
you're taking action --
THE COURT: -- you are absolutely
not going to say anything, because the
last time that you were in front of me I
made it very, very clear to you that it
was Mr. Ben-Ezra that I wanted to review
this and he can talk to you all he wants
and if needs to refer to you, he can,
Hearing February 11, 2011
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com
1 MR. BEN-EZRA: And I'm addressing
2 the Court why they are not faulty on
25
but he is before the Court, and not you.
MS. ROSALES: Yes, Your Honor.
MR. BEN-EZRA: Your Honor, if there
is a suggestion that the case should be
dismissed or the judgment vacated based
on something having do with a 1099, the
Court should know that the judgment was
entered before this 1099 was issued.
The 1099 was entirely not an issue,
certainly not one that we were aware of,
at the time of the entry of the
judgment.
THE COURT: Mr. Ben-Ezra, so many
lawyers have touched this file so many
times that I can only -- you've got
this -- here is the faulty assignment
that was filed by Ms. Boichen, that was
filed April 13th, 2009.
Then there was an answer filed by
foreclosure was filed by Marie Potapsin
Nepal. And then it's also stamped
Celena Bibbins. I mean, you cannot even
tell how many lawyers touched this file.
There is one, two -- look, two
Hearing February 11, 2011
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com
1
26
lawyers just on the foreclosure
complaint.
MR. BEN-EZRA: Yes, ma'am.
THE COURT: This is not going to
happen before me anymore. The Court is
finding you in contempt. And the Court
is finding Mr. Cornell in contempt for
failure to properly review your
documents and for submitting them to the
Court improperly reviewed.
MR. BEN-EZRA: Your Honor, I'm
prepared to talk to you about those
documents that you are questioning.
THE COURT: Well, what you started
to talk to me about is pure conclusory
information. So you better tell me who
reviewed this and what calls they made
to verify these documents because they
clearly look faulty on their face.
their face.
THE COURT: No. Those are
conclusory and you are just supposing.
You can't tell me that you talked to the
Hearing February 11, 2011
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com
1 foreclosure. Now, if you choose to do
2 that, you do that at your peril before
10
27
woman who signed this document?
MR. BEN-EZRA: I cannot. And I'm
not going to tell you something that is
not true, Your Honor.
THE COURT: Then I don't want to
hear it, because all you're doing is the
same supposition that Joe Blow on the
street could do. This is not lawyers'
work. This is not the work that lawyers
do. And this is not a properly filed
lawsuit because I'm questioning whether
you even had the proper documentation in
the first place. You filed an affidavit
of law -- excuse me, not an affidavit,
you filed a lost note count.
MR. BEN-EZRA: At that time -- that
was before the Supreme Court changed the
procedure and alternative pleading to
plead one possibility or another was
permitted under the rules of civil
procedure.
THE COURT: Did you know when you
filed the complaint, sir, whether or not
you had the note and assignments.
MR. BEN-EZRA: If we filed the lost
Hearing February 11, 2011
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com
1 to address -- I've tried to address the
2 substantive issues that were raised.
3 THE COURT: Mr. Ben-Ezra, you are
note count, chances are we didn't --
THE COURT: Chances --
MR. BEN-EZRA: -- I didn't file it.
But, Your Honor, if you're asking me a
question, I'm not going to stand here
and tell you something that's not true.
THE COURT: I don't expect you to.
But if you cannot hear what I'm saying
to you, which is you're a lawyer, you
can't file things until your ducks are
in a row. I don't care what the
banks -- your clients are telling you.
Your job is to give your clients legal
advice and you're not doing it.
You are acting as a robot for a
plaintiff who is not even giving you the
information you need to file a proper
this Court.
MR. BEN-EZRA: Your Honor, we're
concerned about proper practice, we're
concerned about doing a good job. And I
share those same concerns that you do
about quality practice. I can talk to
Hearing February 11, 2011
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com
1
2
29
you about things that can make this
better.
THE COURT: I can talk to you about
things that can make this better. Don't
file foreclosures unless you have all
your documentation, all your
assignments, your note, your mortgage
and everything is a row. Don't file it.
Period. That's proper procedure. And
you tell your clients you are unable to
file it.
Now, could that cost you business?
Gee, I don't know and that's not my
problem. My problem is to make you
practice law responsibly.
MR. BEN-EZRA: Your Honor, I agree
with the Court's concern about
practicing law responsibly. I've tried
probably a really nice man.
MR. BEN-EZRA: I happen to be,
actually.
THE COURT: I'm sure you are.
Hearing February 11, 2011
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com
1 an awful lot of care. There is an awful
2 lot of work, just like there is on you.
325
30
Okay. And this has nothing do with
that. This has to do with you being a
part of the problem that this Court
faces every day where we are having to
go back, where lawyers are having to be
hired. Number one, you are going to pay
this lawyer's fees for having to go back
in and do this.
MS. MUSSARI: And costs, Your
Honor.
THE COURT: And costs.
MR. BEN-EZRA: Your Honor, it's not
substantiated that -- I know that you're
upset.
THE COURT: Have you brought me in
one witness to show me that this
assignment is a good assignment. What
this assignment is, it's crossed out on
the bottom. The jurat is the second
page --
MR. BEN-EZRA: Correct.
THE COURT: -- and on its face it
does not seem to be a valid document.
And it is misdated.
MR. BEN-EZRA: Your Honor, I'm
Hearing February 11, 2011
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com
1 had judges meetings on this, and you can
standing here -- you want an officer of
the Court -- I'm standing here talking
to you about my experience seeing many
assignments that are executed in
California.
Your Honor, I'm talking to you to
provide information --
THE COURT: And I'm talking to you
about my experience.
MR. BEN-EZRA: -- I understand
that --
THE COURT: My experience is that
lawyers who walk in here from these
firms do nothing but a bunch of
foreclosures every day, uncaring about
their professional responsibility and
this is a really good example of it.
MR. BEN-EZRA: Judge, personally
that disturbs me an awful lot. There is
And I apologize for the fact that it has
made it more difficult for the Court. I
apologize for the fact that my office
put anything in front of you that may be
Hearing February 11, 2011
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com
1
2
32
difficult to deal with or in any way
frustrating to the Court.
I'm here to be sincere. You point
out that I'm a nice guy. I actually am.
And I'm actually here to be sincere.
And I'm here to try to do the right
thing. I can have an in camera
discussion with you of some of the
larger issues that might --
THE COURT: No, you can't. There
is a reason why I did this in a full
courtroom.
MR. BEN-EZRA: It's very
embarrassing and I'm sure that it's
helpful to the Court.
THE COURT: It's not helpful to the
Court, but it may be helpful to every
single lawyer standing in this room
right now to understand that the
Eleventh Judicial Circuit -- and we have
talk to our Chief Judge -- the Eleventh
Judicial Circuit does not have a rocket
docket.
We take every case seriously. We
Hearing February 11, 2011
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com
1
21
33
believe that every case deserves the
Court's full attention and we expect the
lawyers on those cases to do the same.
MR. BEN-EZRA: Judge, I'm all in
favor of being a partner with the court
system. I'm all in favor of being
respectful. I'm all in favor of
treating defendants with respect, and
courtesy and dignity. Those are
principles that are used in my office
every day.
THE COURT: Courtesy and dignity?
I, a judge, couldn't get a lawyer on the
phone. You tell me how that is
courteous or dignified.
MR. BEN-EZRA: I wasn't there when
you called, but the first option on our
phone system is a judge's line. We're
looking into the issue that Your Honor
raises. We have some things that we are
going to put in place to make it easier
for a judge to be able to get into --
THE COURT: Not just a judge. You
say that you think that every litigant
should be treated courteously and with
Hearing February 11, 2011
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com
1 frustrated as you are. There is only --
34
dignity. Do you know how many litigants
have walked into this courtroom and
said, "I can't get lawyer on the phone.
I don't know who to talk to." They
can't get anybody on the phone.
Now, if you are going to represent
these banks, these mortgage companies,
then you will be accessible. And you
are not. And I know that from my own
experience of trying to get somebody
from Ben-Ezra & Katz on the phone when
this case came up on January 31st and
it's recited in the Rule to Show Cause.
MS. MUSSARI: January 21st, Your
Honor.
THE COURT: Sorry, 21st.
MR. BEN-EZRA: Your Honor, if we
came in and we asked for a $3,500 fee on
these cases, would you grant it?
THE COURT: What's the difference?
You want to give me hours that are
realistic instead of telling me that
somebody spent an hour researching the
file when I know they haven't even
looked at it.
Hearing February 11, 2011
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com
1
2
13
35
I mean, that's the -- you know, you
are plucking a number out of your head,
which very frankly is insulting to the
Court because if you said to me, Judge,
we would like to charge an hourly and we
would like to do this by the hour, that
would be honest.
If you want to make a deal with
your banks as to how much you're going
to charge, that's up to you.
MR. BEN-EZRA: Now I'm sharing a
concern similar to how the Court is
sharing a concern with me. The courts
and the borrowers, and the borrowers'
attorneys appreciate having very
moderate fees on these cases.
THE COURT: Well, they might --
MR. BEN-EZRA: Judge, I'm as
THE COURT: -- it has nothing do
with that.
MR. BEN-EZRA: We can keep trying
to work on doing better and better. And
I'm standing here committing to do that.
We've added process experts who are
Hearing February 11, 2011
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com
1
2
36
attorneys in our firm to be able to work
on improving processes and improving our
ability to deliver quality services.
THE COURT: Mr. Ben-Ezra, I hear
you, but if you choose to accept the
volume of cases that you do -- I mean, I
used to tell -- lawyers would walk in in
front of me, and any lawyer who has
practiced in front of me will tell you
that I'll tell them this straight out
that I don't have a problem telling
people what I think. If you want to
take these cases, it's up to you to
charge the fees, but then you are
responsible for doing them diligently.
I was a public defender for 11
years and nobody ever walked into my
office that didn't get my very best
effort. And it didn't have anything to
do with my salary or what I charged per
case, and that was whether I took a
private client when I was in private
practice, whether I did a court
appointment. I did my best on each case
for each client.
Hearing February 11, 2011
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com
1 doesn't want to hear -- it appears to
2 me, I'm saying this with respect --
3 THE COURT: I don't want to hear
37
Do not ever stand in front of me
and say, "could we charge 3,500 per
case." That has nothing do with me.
Your business decisions have nothing to
do with me.
MR. BEN-EZRA: They don't --
THE COURT: You know what, you
shouldn't charge 3,500 per case. How
about this: You should take less cases,
Mr. Ben-Ezra, because you clearly can't
handle the cases you've got. So if that
means you make less money, that's not my
problem either. None of that is my
problem.
MR. BEN-EZRA: I probably make less
money than you think, but that's
probably another story.
THE COURT: None of that is my
problem. We all work for what we work
for.
MR. BEN-EZRA: I understand, Your
Honor. I'm sorry that this case was
upsetting to you.
THE COURT: It's not that it's
upsetting to me, it's that --
Hearing February 11, 2011
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com
1
2
25
38
MR. BEN-EZRA: I am --
THE COURT: -- this level of
practice is shoddy. It is grossly
negligent. It is worthy of a judge
looking at it, and saying, what is going
on here? How dare you file something
like this? And come in front of the
Court on a motion for final summary
judgment with this sort of pleading, and
with this sort of backup information.
That is what this is about.
MR. BEN-EZRA: Well, there are two
separate issues. I'm addressing the
question about the backup information.
The Court is upset. I understand the
Court is upset, but the Court also
speculation. If you thought that this
case -- that the contempt that you're
facing was important enough, boy, I sure
would have had a witness here to say,
yeah, I signed this. I notarized this.
I was familiar with this file when I did
Hearing February 11, 2011
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com
1
2
3
39
this affidavit. You chose not to do
that.
MR. BEN-EZRA: I believe that the
company that signed the assignment of
mortgage is not in business at this
point in time, Judge.
THE COURT: All the more reason.
MR. BEN-EZRA: All the more reason
to have a witness from a company that
doesn't exist?
THE COURT: All the more reason
that maybe you should have gotten a new
affidavit, Mr. Ben-Ezra.
You still don't get it.
MR. BEN-EZRA: I do get it.
THE COURT: Or maybe you should
have taken a voluntary dismissal before
it went this far, and then refiled your
assignments and affidavits properly.
I mean, I'm not going to tell you
how to practice law, but there certainly
were things you could have and should
have done to ameliorate this situation
before it got this far, including when
you got the Rule to Show Cause. Why
Hearing February 11, 2011
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com
1 which I'm very sorry to have to do and
2 then say, "Wait a minute. We can fix
40
didn't you take an immediate voluntary
dismissal? Don't come in here now that
you're facing contempt and tell me, "I'm
very sorry, Judge."
MR. BEN-EZRA: Well, you might have
been upset at me then for filing a
dismissal --
THE COURT: You know what? You
keep saying I'm upset with you. I'm not
upset with you.
MR. BEN-EZRA: You're upset with
the situation.
THE COURT: I'm not upset with the
situation. I'm a judge doing my job.
MR. BEN-EZRA: Your Honor, can we
take a voluntary dismissal now? And we
can --
THE COURT: No, not now. The Court
has already dismissed it. It is gone.
And the Court is finding you in
contempt and you, sir, Mr. Cornell, for
filing this in this manner when these
documents are so questionable. You are
to pay opposing counsel's fees and
costs.
Hearing February 11, 2011
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com
1 addressing some of that, because this
2 case is done.
25
41
And the mortgage is dismissed with
prejudice. And based on the 1099 the
note is canceled and dismissed with
prejudice as it looks like the note has
been satisfied. And if they want to go
for some other sort of judgment, I
suppose they can do that.
And the Court will draft an order
finding you in contempt, finding you
grossly negligent, both of you and I'm
sending this to the Bar. This is just
enough.
It's time that somebody looked at
this stuff and reacted instead of
waiting until you come in front of a
judge, having a judge dress you down,
this."
When you got the first motion on
this case, the first time that opposing
counsel filed this motion, who couldn't
get anybody in your office on the phone;
is that correct, Counsel?
MS. MUSSARI: The first time I
Hearing February 11, 2011
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com
1
2
42
called, they told me that they couldn't
find that they had that file of the
record.
THE COURT: And how many times did
you attempt to contact Mr. Ben-Ezra's
office?
MS. MUSSARI: Several times after
that, Your Honor. I would get
transferred to voice mails, and told
that somebody would call me back.
Even this week alone on other
files. I'm still waiting for somebody
to call me back on other files and I
still haven't received a call.
THE COURT: I suggest you start
The Court is making its findings on
this case. This case should have never
been filed. I don't believe that you
had proper assignments. I don't believe
you properly investigated this case.
You have wasted the Court's time. You
have caused an incredible amount of
unnecessary work. You have caused a
Hearing February 11, 2011
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com
1 No. Instead you continued to pursue it
2 when it was patently, patently a
43
lawyer unnecessarily to have to come in
and defend on this case. This case
should have never been filed until you
had your documentation. And based on
this jurat and this affidavit of
indebtedness, which is crossed out on
the bottom, a jurat affixed totally
separate to the first page, it raises
great speculation in the Court's mind.
A great question in the Court's mind as
to whether the jurat even belongs to
this affidavit of indebtedness, number
one.
Number two, the original mortgage
that was filed with this case was for a
different property. This case has been
sloppy from the very beginning. At no
time did Ben-Ezra & Katz when they had
the opportunity, take a voluntarily
dismissal on this case so that they
could fix or ameliorate any of these
problems. Instead you chose to go
forward.
In addition to that, you failed to
return phone calls of opposing counsel.
Hearing February 11, 2011
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com
1 MR. BEN-EZRA: If you look at the
2 beginning of the affidavit of
3 indebtedness it says --
You failed to diligently pursue this
case by returning phone calls of
opposing counsel. Those are all bar
complaints. You failed to return the
Court's phone calls. You failed to even
make yourself available to the Court
because the Court could not reach you.
And it wasn't until I tried to reach you
that I think Ms. Mussari came in here --
was it the following week or two weeks
later?
MS. MUSSARI: The following week.
THE COURT: The following week
knowing absolutely nothing about this
file, by the way. And no one having the
good sense to say, Judge, we messed up.
We're taking a voluntary dismissal.
We're going to review this whole thing.
problem.
MR. BEN-EZRA: To address one of
the earlier problems that you mentioned
in that litany. The question about the
assignment of mortgage, you're
Hearing February 11, 2011
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com
1
2
3
4
5
45
suggesting that there is no indication
that the notary -- that is the jurat
that's attached to the second page that
is connected with the first page. There
is in fact a connection between them:
The jurat indicates that Patricia
Olivera appeared before the notary and
that in fact is who signed the document
on the first page.
THE COURT: If I'm not mistaken --
was that -- there is an amended
affidavit filed by Mr. Cornell of
indebtedness. That's signed by a Janice
Davis, vice president, I don't know of
what. It simply says vice president.
THE COURT: She is an employee of
the plaintiff and/or plaintiff's
servicing agent. Who the heck is that?
MR. BEN-EZRA: Central Mortgage
Company.
THE COURT: Well, how do I know?
And that's from Arkansas. And then you
Hearing February 11, 2011
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com
1 complaint.
46
have something else from California.
MR. BEN-EZRA: Central Mortgage
Company, Your Honor, is located in
Arkansas and --
THE COURT: Then your affidavit of
indebtedness needs to say I'm a vice
president of Central Mortgage Company
and I have personally reviewed this
file. Not some -- and not some
generalized document that could be used
for just about anything and the blanks
filled in.
Now, if you don't start insisting
upon that from your clients, please
don't expect to bring summary judgements
in front of me and if you do you will
find them denied and set for trial. And
they can start flying in every single
person who signs these affidavits of
indebtedness. I'm done with this.
MR. BEN-EZRA: Your Honor, the
plaintiff is listed in the style of the
case and she indicates that she's the
vice president.
THE COURT: Of what?
Hearing February 11, 2011
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com
1 Mr. Cornell, I must forward it to the
4 Bar. I will forward it with as much of
5 a vanilla letter as I can, which is
25
47
MR. BEN-EZRA: Of the plaintiff or
the --
THE COURT: No, it doesn't say. It
says of the plaintiff or the servicing
agent. Which one is it? Who is the
servicing agent for Central Mortgage
Company?
MR. BEN-EZRA: Central Mortgage is
the servicing agent in this case.
THE COURT: Then who holds the
mortgage?
MR. BEN-EZRA: I'm not --
THE COURT: Who holds the mortgage?
MR. BEN-EZRA: The plaintiff is
Central Mortgage.
THE COURT: Who holds the mortgage?
MR. BEN-EZRA: We can look at the
THE COURT: And where is your power
of attorney for the servicing agent?
How do I know that the servicing agent
has any connection to this mortgage?
MR. BEN-EZRA: Your Honor, if I can
go to the other point -- we can get it
if you'd like.
Hearing February 11, 2011
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com
1
2
48
THE COURT: It's too late now on
this one.
MR. BEN-EZRA: Also, if you're
interested in referring me to the Bar,
Your Honor has also --
THE COURT: I have to send this.
I'm finding you in contempt. I'm
finding you, your firm in contempt. I
have to direct it to the Bar. What they
do with it after that is up to them.
It's no never mind to me. If they
choose not to take action, that's fine
with me.
But by the canons of the judicial
code, if I find a lawyer in contempt, as
I am doing with you and with
simply to say, here are my findings. Do
as you wish. But I have to forward it
to the Bar --
MR. BEN-EZRA: Your Honor --
THE COURT: -- and I need to tell
you that.
Hearing February 11, 2011
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com
1 and I'm talking about the issues that
2 the Court raised. I'm doing my best to
25
49
MR. BEN-EZRA: Thank you for
telling me. You have an option of not
finding me in contempt. You can tell by
the record that you have set here today
that my first involvement with this case
started when you sent this order to show
cause demanding that I appear here
today.
THE COURT: But that is what is so
wrong. You had no supervision over --
did I -- was it four or five lawyers who
have touched this file?
MR. BEN-EZRA: Your Honor, if you
have a firm that has multiple attorneys,
do you expect the managing partner at --
THE COURT: I expect this, I expect
that if your firm doesn't look at these
papers as -- because of the way your
firm does run and because I know that
you do it through policies and
paralegals, that if you don't look up
front and say to the servicing people,
to the mortgage holders, look, we have
to file appropriate papers with the
Court. And you don't do that. I don't
Hearing February 11, 2011
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com
1 raised, that this Court has, you know
2 transpired after I terminated my --
24
25
50
know that anybody does it but right now
I've got you in front of me.
MR. BEN-EZRA: Yes, you do. And
I'm here. And I'm not shying away from
having you address me.
THE COURT: I understand that and I
appreciate it. But this --
MR. BEN-EZRA: And I'm prepared
to --
THE COURT: What you needed to have
done was to take this file and go
through it page by page, and then you
needed to have fessed up long before you
walked in here this morning.
MR. BEN-EZRA: Your Honor, I'm here
show responsibility. I'm willing to
talk to the Court about some of the
procedural issues that you're raising.
The Court is upset. I understand that.
You're taking it out on me.
THE COURT: Mr. Ben-Ezra, I will
review -- I am inclined and you should
not be surprised to find an order
Hearing February 11, 2011
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com
1
2
3
51
holding you and Mr. Cornell in contempt.
I'll review the order with Judge Bailey
before I send it off.
MR. BEN-EZRA: If I may ask, then,
since the issue now has become between
the Court and me, if you would give me
the courtesy of having a conversation in
chambers at your convenience before you
sign such an order, I would appreciate
it.
THE COURT: Yes.
MR. BEN-EZRA: Thank you.
MR. CORNELL: Your Honor, I would
ask the same privilege.
Many of the issues that were
THE COURT: Mr. Cornell, you filed
the motion for summary judgment. You
were responsible for reviewing the
documents and making sure they were in
order. And I hold you no less
responsible than Mr. Ben-Ezra.
MR. CORNELL: Your Honor, I'm
responsible for those documents that
Hearing February 11, 2011
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com MR. BEN-EZRA: Your Honor, out of
1 fairness, you certainly should not --
2 with due respect to the Court, you
3 should not hold Mr. Cornell in contempt
were filed. I am not responsible for for anything he didn't have anything to
any breakdown in communications between do with.
the Court and the firm from May on -- THE COURT: I agree.
THE COURT: You are correct. MR. BEN-EZRA: I'm standing here
MR. CORNELL: -- and you called the and telling you that. I'm not happy
law firm on January 21st -- Hearing February 11, 2011
THE COURT: You had already left. Toll Free: 800.211.3376
Mr. Cornell, you are correct. Facsimile: 305.493.3322
MR. CORNELL: I'm just placing it 14th Floor
on the record, I apologize. 44 West Flagler Street
THE COURT: No, it's all right. Miami, FL 33130
MR. CORNELL: For the record, since www.esquiresolutions.com
May of last year, the Florida Bar had my 1
my contact information, my phone number 54
and address. So the Florida Bar had the with the rest of this proceeding, but
current information. So if the Court please don't blame him for something he
needed to reach me since the Court has didn't do.
specifically mentioned or included in THE COURT: No, but I do blame him
the contempt that we have failed to for very carelessly filing pleadings
properly respond to Defendant and to the before the Court on a motion for summary
Court, the Court was on notice of what judgment where he clearly did not have
my proper contact information was. So the verified documentation.
just for the record -- The Court is ordering you to pay
THE COURT: Mr. Cornell, excuse me. fees of opposing counsel and costs in
However, as far as I'm concerned, if you the amount of --
Hearing February 11, 2011 MS. MUSSARI: Your Honor, I have to
Toll Free: 800.211.3376 total the cost because the costs of
Facsimile: 305.493.3322 today.
14th Floor THE COURT: Including court
44 West Flagler Street reporter and transcripts. And that is
Miami, FL 33130 at a minimum. And if you want to sit
www.esquiresolutions.com down and review procedures with me, I'm
1 available every day. I'm here all the
2 time. And between Judge Bailey and
3 Judge Reyes and myself and unfortunately
he's gone to probate, Judge Schwartz, we
are going to withdraw from a case, you are probably more involved in
need to have filed some sort of motion foreclosures than just about any judges
or some sort of notice to the Court when on the bench.
you leave the firm. Hearing February 11, 2011
MR. CORNELL: When I left the firm Toll Free: 800.211.3376
there was -- to my knowledge, Your Facsimile: 305.493.3322
Honor, we don't have a policy or 14th Floor
procedure for doing that. 44 West Flagler Street
THE COURT: That's not my fault. Miami, FL 33130
MR. CORNELL: I understand that, www.esquiresolutions.com
Your Honor. And nor was I given an 1
opportunity to do an inventory on my 2
files to do that -- 55
THE COURT: Mr. Cornell, I will And your lawyers, all of the
find you in contempt for the matters in-court lawyers know that they can walk
that you are responsible for. in any time and ask me any question
about what my requirements are. And Notary Public, State of Florida
I've been here two years doing these Miami Office #207219
darn things. And nobody walks in and
says to me, Judge, what is the problem
with this or what is the problem with
that? Would you like us to change our
procedures? As I said, I can't even get
anybody from your firm on the phone.
MR. BEN-EZRA: Judge, I'm willing
to sit down and have a conversation with
the hope that the --
THE COURT: You are welcome to do
so. There is nothing personal in the
Court's findings.
MR. BEN-EZRA: Thank you. Glad to
know that.
THE COURT: Thank you.
THE COURT: Counsel, draft up a
proposed order.
MS. MUSSARI: Yes, Your Honor.
THE COURT: And you can charge for
that.
56
MS. MUSSARI: Thank you.
(The hearing was concluded at 10:00
a.m.)
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com
Hearing February 11, 2011
4
25
Hearing February 11, 2011
Toll Free: 800.211.3376
Facsimile: 305.493.3322
14th Floor
44 West Flagler Street
Miami, FL 33130
www.esquiresolutions.com

57
COURT CERTIFICATE
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
I, Katiana Louis, Court Reporter and
Notary Public, do hereby certify that I was
authorized to and did stenographically report the
foregoing proceedings and that the transcript is
a true and correct transcription of my stenotype
notes of the proceedings.
Dated this 11th day of February 2011.
Katiana Louis