COMES NOW, the Defendant, LYNN SZYMONIAK, by and through her undersigned counsel and pursuant to Florida Rules of Evidence §90.202 and §90.203, hereby requests this Honorable Court take Judicial Notice of the documents described herein, and in support states as follows:
1. SZYMONIAK moves this Court to take judicial notice of:
Information regarding Lorraine Brown, United States of America v. Lorraine Brown, Case No. 3:12-cr-198-J-25 MCR, (M.D. Fla.) (attached hereto as “Exhibit A”),
Plea Agreement of Lorraine Brown, United States of America v. Lorraine Brown, Case No. 3:12-cr-198-J-25 MCR, (M.D. Fla.) (attached hereto as “Exhibit B.”)
2. Under Fla. Stat. §90.206(5), the Court may take judicial notice of official actions of the legislative, executive and judicial departments of the United States. Under Fla. Stat. §90.202(6), the Court may take judicial notice of records of any court in this state or of any court of record of the United States.
3. On November 20, 2012, Lorraine Brown, (“Brown”) a former executive of Lender Processing Services, Inc. (LPS) and DocX LLC, a LPS company, pleaded guilty to conspiracy to commit mail and wire fraud.
4. LPS and DocX LLC were involved in the preparation and recordation of mortgage-related documents throughout the country since the 1990s.
5. SZYMONIAK moves this Court to take Judicial Notice of Brown’s information and Plea Agreement because these documents confirm that DocX employees engaged in a massive fraud in the preparation of hundreds of thousands of mortgage-related documents, including Mortgage Assignments, and SZYMONIAK contends that the Mortgage Assignment prepared and filed by DocX in her case, bearing the purported signature of Linda Green, was one such fraudulent mortgage assignment.
6. By way of background, DocX was hired by residential mortgage servicers to (among other things) assist in creating and executing mortgage-related documents filed with recorders’ offices across the country.
7. Brown represented to DocX’s clients that DocX had robust quality control procedures in place to ensure a thorough and proper signing, notarization, and recordation process.
8. Only specific personnel at DocX were authorized by clients to sign the documents.
9. At the direction of Brown, employees of DocX, including those who were not authorized to sign documents, began forging and falsifying signatures of the mortgage-related documents that they had been hired to prepare and file with property recorders’ offices.
10. After these documents were falsely signed and falsely notarized, Brown authorized DocX employees to file and record them with property records offices across the country.
11. Brown also hired temporary workers to sign as authorized signatures, and these workers worked without the quality control represented by Brown to DocX’s clients.
12. Many of DoxX’s temporary employees signed thousands of mortgage assignments each day, often signing the names of other persons on Mortgage Assignments that would then be witnessed and notarized. These employees often signed as officers of banks and mortgage companies. These employees signed without reading the documents or in any way ascertaining the truth of the matters presented therein, including the grantor, grantee, and date of the purported transfer.
13. Many of the documents, including mortgage assignments and lost note affidavits, were later relied upon in court proceedings including foreclosure proceedings and federal bankruptcy actions.
14. Brown admitted she understood that courts, property recorders, title insurers, and homeowners relied upon the documents as genuine.
15. Brown implemented these signing practices at DocX to increase profits.
16. Between 2003 and 2009, DocX generated approximately $60 million in gross revenue.
17. Brown admitted that she and others took various steps to conceal their actions from clients, law enforcement authorities, and others.
18. These steps to conceal included testing new employees to ensure they could mimic [forge] signatures.
19. The documents attached hereto as Exhibits “A” and “B” may be accessed online from PACER under United States of America v. Lorraine Brown, Criminal Docket # 3:12-cr- 00198-HLA-MCR-1.
20. Timely written notice of this request is hereby given by email service upon Plaintiff’s counsel as required by Fla. Stat. §90.203.
WHEREFORE, pursuant to Fla. Stat. §90.202 and §90.203, Defendant LYNN SZYMONIAK moves this Honorable Court to take judicial notice of the Information and Plea Agreement of Lorraine Brown, United States of America v. Lorraine Brown, Case No. 3:12-cr- 198-J-25 MCR, (M.D. Fla.) without hearing, and for such other and further relief as this Honorable Court deems just and proper under the circumstances.
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