vrat keap IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA ¥ CASE NO 05-2008-CA-O6495-XXXX-XX GIS | ~ CITIMORTGAGE, INC Plaintiff VS oF ANTHONY D FEKANY, etal Defendants: NT’ TION F Ic E PLAINTIFF" u TERN: MPLAINT WITH PREJUDICE Defendant Anthony D Fekany, pro se (herein after “DEFENDANT") pursuant to Flonda Rules of Civil Procedure and other applicable Florida Law file this above titled motion and states as follows BACKGROUND 1 On or about October 23, 2008 Plaintiff fled the instant action In the complaint, plaintiff clamed to own and hold the mortgage via an assignment and note attached There were no such assignments or note attached In fact there was a copy of a mortgage made payable to another entity and an unsigned, typewntten statement stating the alleged terms of the note There was no count to reestablish a lost note In effect, the plaintiff had no standing to even file the complaint 2 Onor about May 11, 2009, the Defendant filed his first request for production of documents In that request the Defendant asked for, among other things, documents evidencing ownership of the note and mortgage, disclosure requirements and pay history The plaintiff's initial response was to file an affidavit (exhibit A) from a Non-Party, Orion Financial Group claiming to be either the owner or the servicer of the subject note and Mortgage This affidavit alone should be sufficient grounds for dismissal of the instant case since Orion Financial Group is not named as a Plaintiff (Case #f 05-2008-CA-064695-XXXXXX, Document il #52 YU A (016833136vrat keap Onton Financial Group 1s the same type of firm being investigated by many state attorneys general for creating false documents On or about July 27, 2009, the Plaintiff fled a response to defendant's Request to Produce stating, among other things, that the requests were too burdensome and items such as the promissory note were protected by attorney client privilege The only actual item to be filed by the plaintiff in response to Defendant's request to produce was an indecipherable computer printout purported to be a payment history filed on July 15, 2010, a year and a half after defendant's onginal request On October 1, 2010, defendant's motion to compel production (exhibit B) was heard An order was entered (Exhibit C) compelling Plaintiff to produce all but 2 of the requests within 20 days The plaintiff has not produced the requested documents in violation of the Judge's order and to the detriment of the Defendant SUMMARY The foregoing demonstrates the plaintiff has continued disregard and disrespect for judicial orders, lacks the ability to prove standing, engages in the filing of false and misleading affidavits, espouses a total disregard for governmental compliance, and has continued to harm defendant's credit and ability to maintain employment and health care Plaintiff should have all its pleadings stricken for continued violation of court orders, or in the alternative have its complaint dismissed with prejudice for all of the above WHEREFORE Defendant respectfully requests this Honorable Court grants his Motion for Sanctions or in the alternative Dismiss this action with prejudice and for other such relief that is just and proper Ihereby certify that a true and correct copy of the foregoing has been furnished by US mail to Daniel C Consuegra and Lance L Morley 9204 King Palm Drive Tampa, Florida 33619 November 12, 2010 By. Anthony D Fekany/pro se 2470 Alicia Lane Melboume, FL 32935 321-223-0786* ExHTBrT *a"* 24 0 1 ohn Okie. b GONSSEGAR // ATTORNEY ATLAW (/) RetumTo ME Wilman ee Onon Financial Group, Ine 2860 Exchange Blvd # 100 GPPY Fela, Antony 2. Southlake, 1X 76092 AFFIDAVIT OF LOST ASSIGNMENT ‘BE IT KNOWN that on this 6/8/2009, before me, the undersigned authority, a Notary Public duly commussioned and qualified in and for the State and County aforesaid, personally came and appeared DM. Waleman who, upon being duly sworn, did depose and state as flows 1 That he 1s the Vice President off Orion Financial Group, Inc for CITIMORTGAGE, INC , (“Affiant") and 1s duly authorized to execute this Affidavit of Lost Assignment (“Affidavit”) in such capacity, and 2 That Affiant 1s the holder, owner and/or servicer of that certain loan or obligation evidenced by a certain promussory note (the “Note") and mortgage, Deed of Trust or Deed to Secure Debt (the “Mortgage”) identified as follows Date of Note 9/17/2007 Original Principal Amount $ 229,000 00 Oninal Borrower ANTHONY D FEKANY, A SINGLE MAN Original Mortgagee FIRST BREVARD CORPORATION MortgagerDeed of Trust Recordmg Date 10/4/2007 Book 5816 Page 6893, County Brevard State FL. Property Address 2470 ALICIA LN, MELBOURNE, FL 32935 3 Based upon diligent starch of he property record, andthe records of Affi, st apeas tha the Asigment of Morgage fom FIRSE BREVARD CORPORATION , 3600 N Harbor City Blvd, Melbourne, FL 32935 (“Grantor/Assignor") to CITIMORTGAGE, INC , 1111 Northpoint Drive, Building 4, Suite 100, Coppell, TX 75019 ("“Grantee/Assignee") was never recorded and inadvertently not completed, and it 1s not now obtainable for the following reasons, to wit ORIGINAL LOST AND NEVER RECORDED 4 That the purpose ofthis Affidavit 1s to establish such facts FEKANY MFC *99109784" CILIMORTGAGE, INC By D M Wileman, Vice President State of Texas, County of Tarrant (On June &, 2008, before me, M_ Conner, a Notary Public for suid County and State, personally appeared DM. Wileman, who being duly sworn, says that he/she is Vice President offfor CITIMORTGAGE, INC, on behalf of said corporation by is authonty duly given DM. Wileman acknowledged the said vrting tobe the act and deed of sad corporation And that said DM. Wileman, does acknowledge the due execution ofthe foregoing ‘instrument Witgtys my hand and sel this June 8, 2009 Maiti Tos Notary Pubte, M Comer Notary Pub Sate : ommislon ExF68 ‘My Commission Expires November 30, 2010 My cvomber 90,2010, Witness Shirley Ré Witness T Peatrowsky eee* EXHIBIT 4 e y, IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA CASE NO 05-2008-CA-064695-XXXX-XX se gf ae. Ss aaD 2 $35 8 8 CITIMORTGAGE, INC ’ as2 go 3 g0= m Plaintiff SE PF : rge ew VS ial > oy t Ss s 7 * ANTHONY D FEKANY, et al MOTION TO COMPEL PRODUCTION Defendant Anthony Fekany pro se, hereinafter referred to as FEKANY, according to the Fionda rules of Civil Procedure files this motion to compel production of documents upon CtiMortgage, Inc, hereinafter “CITI” Background -On or about May 11, 2009 FEKANY filed Defendants First Request for production and served st upon Plaintiff CITI In late June, 2009 FEKANY saw online in the register of actions section of the case 1n the Public Records of Brevard County a motion for extension of time by CITI Two months after FEKANY'S request to produce was served upon CITI, plaintiff filed a response to FEKANY'S request, In the response, CITI did not produce the requested documents FEKANY needs the documents in his onginal request for production to prepare for an adequate defense © Case # 08-2008-CA.084695 XXX XX) Document si #44 7 vrat kapvrat kap + xumnrr's!* xy Wherefore FEKANY respectfully requests this Honorable Court enter an order compelling CITI to produce requested documents and further actions it deems just and proper CERTIFICATE OF SERVICE ” Thereby certify that a true and correct copy of the foregoing has been furnished by US mail to Daniel C Consuegra and Grace Santos 9204 King Palm Drive Tampa, Flonda 33619 October 13, 2009 By. at Ee Anthony D Fekany pro se 2470 Alicia Lane Melbourne, FL 32935 321-795-8218‘EXHIBIT ¢ * IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN 7 AND FOR BREVARD COUNTY, FLORIDA CASE NO 05-2008-CA-064695-XXXX-XX CITIMORTGAGE, INC Plaintiff vs ANTHONY D FEKANY, et al ORDER ON DEFENDANT'S MOTION TO COMPEL PRODUCTION This matter having come to be heard on Defendant Anthony Fekany ‘s motion to compel production on October 1, 2010 and the Court having heard the argument of counsel and being otherwise fully advised in the premises, itis hereby ORDERED AND ADJUDGED 1 That Defendant's motion to compel be GRANTED as per request numbers 1,2,3,4,5,6,8,9 2 That the Defendant's Motion to Compel be DENIED as per request #7 3 That the Defendant's motion to Compel is WITHDRAWN as per request #10 4 Plaintiff is to Produce requested documents within 20 days of this order DONE AND ORDERED in chambers at Viera, Brevard County, Florida This _{Q_ day of October, 2010 Charles M Holcomb Circuit Court Judge Ce Lance'L Morley Anthony Fekany Pro Se vrat keap