1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
AFFIDAVIT OF MICHAEL D. FLEMING IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT – 1
AFFIDAVIT OF MICHAEL D. FLEMING IN SUPPORT OF MOTION FOR SUMMARY
JUDGMENT
PERSONALLY came and appeared before me, the undersigned Notary, the within named
XXX. Fleming, who is a resident of Prince XXXX County, State of Maryland, duly
sworn and deposed as follows:
1. I am a male adult citizen of sound mind competent enough to swear this affidavit.
2. I am a married, peace-loving person who has no criminal record and does not engage in
any kind of unlawful activity.
3. My highest academic attainment is a Master in Legal Studies at the XXX
University School of Law in XXX.
4. I purchased my first home in August XXX This was a huge achievement that gave me
peace of mind as I grew up homeless during my teenage years.
5. An inspection was conducted and it was discovered that the bank/mortgage lender had
intentionally concealed some information and did not provide full disclosure regarding
the property I had purchased.
6. I sued the seller of the property and my licensed agent for breach of contract. We
managed to settle before trial and I dropped the lawsuit.
7. Freedom Mortgage (hereinafter referred to as “Freedom”) sued me before the State of
Maryland Foreclosure Court, case no. CAEF16-44290. The court awarded judgment in
my favor and asserted my sole rights to the property.
8. I made an offer to settle debt to Freedom’s CFO, Stan Moskowitz, and advanced title and
trust on XXXX. All documents were received by the CFO.
9. I sent a notice of termination of trustee to Freedom on XXX. I also sent a Notice of
Legal Tender to Freedom’s CFO.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
AFFIDAVIT OF MICHAEL D. FLEMING IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT – 2
10. Freedom sent me notice that it had received all the documents and asked to amend the
request to seek an additional 30 days to review the offer. I granted Freedom’s 30-day
request on XXX At the maximum, Freedom’s 30 days expired on XXX,
considering all the holidays between that period.
11. Freedom accepted the request and offer as Legal Tender and intentionally failed to
address the offer which it had sought a 30-day extension to consider.
12. Freedom failed to send me the Title and/or Deed of the property. In good faith, I extended
an olive branch and sent Freedom an Affidavit of Fault and Opportunity to Cure dated
XXXX. Freedom did not reply.
13. I sent Freedom a letter requesting Freedom to release the mortgage and remove all liens
and/or debts on the property.
14. On XXXX , Freedom sent me a letter with my loan number. The letter stated that the
release of mortgage was attached. However, the release of mortgage was that of another
person and not mine or relating to my property.
15. I tried to get Freedom to send me a release of mortgage to no avail. I would like Freedom
to give me my release of mortgage and remove all liens and/or debts on my property.
Dated this ____ day of July, XXX
Respectfully Submitted,
___________________________________
XXX
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
AFFIDAVIT OF MICHAEL D. FLEMING IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT – 3
The foregoing instrument was acknowledged, sworn to and subscribed before me this ____ day
of July, XXX.
___________________________________
NOTARY PUBLIC
My Commission Expires:
___________________________________
At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, The LegalPen will be able to prepare the legal document within the shortest time possible. You can send us your quick enquiry ( here )