IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.

50 2008 CA 022258 XXXMB DIVISION AW DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT2, ASSET-BACKED CERTIFICATES, SERIES 2006-OPT2, Plaintiff, vs. LYNN E. SZYMONIAK, et al., Defendants. ____________________________________/ DEFENDANT SZYMONIAKS REQUEST FOR JUDICIAL NOTICE OF INFORMATION AND PLEA AGREEMENT OF LORRAINE BROWN 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 Browns 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 DocXs clients that DocX had robust quality control

procedures in place to ensure a thorough and proper signing, notarization, and recordation process. 8. documents. Only specific personnel at DocX were authorized by clients to sign the

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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 DocXs clients. 12. Many of DoxXs 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. 16. revenue. Brown implemented these signing practices at DocX to increase profits. Between 2003 and 2009, DocX generated approximately $60 million in gross

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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-cr00198-HLA-MCR-1. 20. Timely written notice of this request is hereby given by email service upon

Plaintiffs 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-cr198-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.

Respectfully submitted,

_______________________________ Mark A. Cullen, Esq. Florida Bar No. 325082 The Cullen Law Firm, P.A. Attorneys for Defendant Szymoniak 2090 Palm Beach Lakes Boulevard, Suite 500 West Palm Beach, Florida 33409 Telephone: 561.640.9191 Facsimile: 561.214.4021 E-mail: mailbox@cullenlawfirm.net and

Reuben A. Guttman, Esq. Pro Hac Vice Grant & Eisenhofer, P.A. 1920 L Street NW Suite 400 Washington, DC 20036 Telephone: (202)386-9500 Facsimile: (202)213-9177 E-mail: rguttman@gelaw.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing has been furnished via e-mail this ____________ day of _____________, 2012 to: William P. Heller, Esq. and Nathaniel D. Callahan, Esq. Attorneys for Plaintiff Akerman Senterfitt Las Olas Centre, Suite 1600 350 East Las Olas Blvd. Fort Lauderdale, FL 33301-2229 Telephone: (954) 463-2700 Facsimile: (954) 463-2224 Primary E-mails: william.heller@akerman.com and nathaniel.callahan@akerman.com Secondary E-mails: lorraine.corsaro@akerman.com and maria.millman@akerman.com Victor R. Berwin, Esq. Attorneys for Plaintiff Akerman Senterfitt 222 Lakeview Avenue Suite 400 West Palm Beach, FL 33401 Telephone: (561) 671-3626 Facsimile: (561) 659-6313 Primary E-mail: victor.berwin@akerman.com Secondary E-mail: elisa.waites@akerman.com Peter M Armold, Esq. Attorneys for Plaintiff Gary, Dytrych, & Ryan, P.A. 701 U.S. Highway One, Suite 402 North Palm Beach, FL 33408 Telephone: (561)884-3700 Facsimile: (561) 844-8388 Primary E-mail: pma@gdr-law.com Secondary E-mail: lm@gdr-law.com 5

Gary D. Fields, Esq. Attorney for Plaintiff Law of Office of Gary D. Fields Admiralty Tower, Suite 900 4400 PGA Boulevard Palm Beach Gardens, FL 33410 Telephone: (561) 625-1200 Facsimile: (561) 625-1259 E-mail: gary@garydfields.com

___________________________________ Mark A. Cullen, Esq. Florida Bar No. 325082