Emergency Motion for Stay Pending Appeal - Stopa Law Firm

Harris’ monies in an escrow account, stopped accepting Harris’ payments, and
randomly returned some payments to Harris without explanation. See Appendix,
1, pp. 115-123.
7. In 2008, Indymac filed a mortgage foreclosure lawsuit – not the case
at bar, but on the same property and on the same note and mortgage – Palm Beach
County Case No. 08-CA-12512. See Appendix, 2. That lawsuit was ultimately
dismissed without prejudice. See Appendix, 3.
8. In March of 2010, Deutsche – a totally different entity than Indymac
and an entity which had no involvement in the 2008 lawsuit – filed suit in the case
at bar. See Exhibit, 4. Significantly, Deutsche did not indicate it was suing on
behalf of Indymac, but was suing on its own behalf, as the “own[er] and hold[er]”
of the Note. See Appendix, 4, 5.
9. Deutsche did not attach a copy of the Note to its Complaint,
prompting the lower court to dismiss that Complaint with leave to amend. See
Appendix, 5. Deutsche’s failure to attach the Note to the original Complaint is
unsurprising when one realizes, at the time Deutsche filed the 2010 lawsuit, the
original Note was still sitting in the court file in Indymac’s 2008 lawsuit. After all,
the instant lawsuit was filed in March of 2010, but the Order directing the return of
the original Note in Indymac’s 2008 lawsuit was not entered until September 1,
2010! See Appendix, 4, 6.
10. That bears repeating. At the time Deutsche filed the subject lawsuit,