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Deutsche Bank Retaliates Against 60 Minutes Homeowner by Obtaining Fraudulent Default Against Her Son

Lynn Szymoniak on 60 Minutes

by Mike on May 19, 2011

You may remember the recent story of Lynn Szymoniak, the homeowner who won her foreclosure case after a 60 Minutes story exposed the fraud the infected the entire foreclosure transaction.

Deutsche Bank Wants Revenge

The bank has come back at her, and this time they want revenge. Now they’ve refiled the foreclosure case, and this time, they’ve gone after her son—a man who hasn’t lived there in seven years and has no connection with the property. The only possible outcome of naming him in a lawsuit is to ruin his credit—probably the intended effect.

But even more disturbing than that—they’re willing to lie and cheat to bring him into the case. Here’s what Lynn told me:

A few days ago, I wrote about a process server at my door trying to serve papers on my son,… This was on May 6, 2011.

At first I was polite. I explained that [he] was my son, but that he had not lived here in 7 years – since he graduated from high school in 2004 and moved to Pittsburgh to go to college.

The process server was insistent that she would leave “the papers.” I told her very harshly that I would not accept service and she must go away.

The next day, the papers were delivered via a fedex envelope shoved under my doormat.

This morning I checked the court file – and found that on May 10, 2011, Deutsche Bank filed a Motion for Clerk’s Default against [him].

This is wrong for two reasons:

  1. You can’t legally serve someone at a place they don’t live. He hasn’t lived there for seven years.
  2. You can’t get a default—essentially, a ruling against a defendant who doesn’t bother to answer—for at least twenty days after legitimate service of process. Not only has the son never been served, but there wasn’t even an attempt to serve until just a two or three days before the motion had been filed. Outrageous!

I’ve written about “sewer service” before—where process servers don’t actually serve the defendants to give them notice of the suit, but lie to the court and claim they did—but this is much worse, because it necessarily involves the cooperation of the bank’s lawyers. This is outright fraud. It’s outrageous, and I hope Lynn will be able to hold them completely accountable for their actions.

Go get ’em, Lynn.

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