LITCHFIELD

AttorneysatLaw CA VOLLP

WRITER'S ADDRESS:

Brad A. Markvart

13400 Bishop's Lane, Suite 290 Brookfield, WI 53005·6237

Phone: (262) 784·9179

Fax: (262) 784·8812

Email: markvart@litchfieldcavo.com

November 18, 2010

VIA OVERNIGHT MAIL Kenosha County Clerk of Courts 912 se" St.

Kenosha, WI 53140

Re: HSBC Bank USA v. Roger P. Rinaldi et al.

Case No. 07-CV-013734

Dear Clerk:

Enclosed please find the original and one copy of:

(1) PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANTS' MOTION FOR RELIEF; and

(2) AFFIDAViT OF JENNIFER L. ROBINSON IN OPPOSITION TO DEFENDANTS' MOTION FOR RELIEF,

which are being contemporaneously served on the defendants.

Please file the originals and return a conformed copy to me of each in the enclosed, self-addressed, stamped envelope.

Thank you for your attention to this matter.

Sincerely,

BAM/jak Enclosures

cc: Roger and Desa Rinaldi (via overnight mail, wi enclosures)

Chicago. Hartford. Boston. New York. New Jersey. Tampa. Fort Lauderdale. Milwaukee. Los Angeles

www.1itchfieldcavo.com

STATE OF WISCONSIN

CIRCUIT COURT

KENOSHA COUNTY

HSBC BANK USA, National Association, as Trustee for Wells Fargo Asset Securities Corporation Home Equity Asset-Backed Certificates, Series 2005-2, c/o Wells Fargo Bank, N.A.

Plaintiff,

Case No.: 09-CV-0353

Case Code: 30404

v.

ROGER P. RINALDI and DESA L. RINALDI,

Defendants.

PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANTS' MOTION FOR RELIEF

INTRODUCTION AND SUMMARY OF ARGUMENTS

Plaintiff HSBC Bank, U.S.A., National Association, as Trustee for Wells Fargo Asset

Securities Corporation Home Equity Asset-Backed Certificates, Series 2005-2, c/o Wells Fargo

Bank, N.A. ("HSBC"), by its attorneys, Litchfield Cavo LLP, submits this Brief in Opposition to

Defendants' Motion for Relief.

Aside from regurgitating the same arguments this Court has repeatedly determined to be

unpersuasive at best, the Rinaldis introduce only one new argument - that the Affidavit of

Jennifer Robinson in Support of Plaintiffs Motion for Summary Judgment is "fraudulent." They

offer no evidence for this serious allegation other than a supposed print-out from the website

Linked-In for a person named Jennifer Robinson who they claim, without any evidentiary basis,

to be the same Jennifer Robinson who signed the Affidavit.

In fact, the Jennifer Robinson who signed the Affidavit is not the same Jennifer Robinson

to whom the alleged Linked-In profile applies. The Jennifer Robinson who signed the Affidavit

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properly attested to the facts set forth therein; there is no evidence to the contrary. Accordingly,

Defendants' motion must be denied.

ARGUMENT

I. ST ANDARD OF REVIEW.

The Rinaldis move for relief under Wis. Stat. § 806.07 (l)(c), which provides as follows

,

in relevant part:

(1) On motion and upon such terms as are just, the court, subject to subs. (2) and (3), may relieve a party or legal representative from a judgment, order or stipulation for the following reasons:

* * *

( c) Fraud, misrepresentation, or other misconduct of an adverse party;

"Under Wis. Stat. § 806.07(1)(c), a court may relieve a party from an order [or judgment]

ifit was obtained by fraud." In re Commitment of Sprosty, 2001 "VI App. 231, ~ 34,248 Wis. 2d

480, 502, 636 N.W.2d 213, 224-225. There must, however, be evidence that (1) the party

committing the alleged fraud indeed mew the fraud had occurred, and (2) the court relied upon

the fraud in issuing its order or judgment. See id.

None of these elements are present here, as there was no fraud and the Court did not rely

upon fraud in awarding judgment to HSBC.

II. THE AFFIDAVIT OF JENNIFER ROBINSON IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY mDGMENT IS NOT FRAUDULENT.

As set forth in the Affidavit of Jennifer L. Robinson in Opposition to Defendants' Motion

for Relief, Jennifer L. Robinson of Frederick, Maryland signed the Affidavit of Jennifer

Robinson in Support of Plaintiff's Motion for Summary Judgment. She signed that Affidavit

before a notary in Frederick, Maryland. See Affidavit of Jennifer L. Robinson in Opposition to

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Defendants. Motion for Relief, '4. She did not sign it in Baton Rouge, Louisiana or anywhere

other than Frederick, Maryland. See id at,s 4-5. In fact, Jennifer L. Robinson is not the Jennifer

Robinson identified on the alleged Linked-In profile print-out that forms the sole "basis" of the

Rinaldis' motion. See id at , 6.

Further, Jennifer L. Robinson is a Default Litigation Specialist for Wells Fargo Bank,

N.A., not a marketing database administrator, as the Rinaldis purport. See id at ,S 1, 6. In her

capacity as a Default Litigation Specialist, Jennifer L. Robinson, as she attested in her original

Affidavit, has possession, control and responsibility for the accounting records relating to the

Rinaldis' mortgage loan. See id at ~ 2. She also has personal knowledge of the information set

forth in her original Affidavit. See id at ~ 3.

Accordingly, there is no fraud vis-a-vis the Affidavit of Jennifer Robinson in Support of

Plaintiffs Motion for Summary Judgment. As the alleged fraud is the sole basis for the

Rinaldis' Motion for Relief, that motion must be denies.

CONCLUSION

The Rinaldis Motion for Relief is just the latest in a long line of wholly unsupported,

baseless, and frankly frivolous motions and allegations. Accordingly, the instant motion, like all

of those before it, must be denied.

Dated at Brooldield,Wisconsin this ll'day of November, 2010.

DIRECT INQUIRIES TO:

Brad A. Markvart Litchfield Cavo LLP

13400 Bishops Lane, Suite 290 Brookfield, VlI 53005

Phone: (262) 784-9179

Fax: (262) 784-8812 markvart@litchfieldcavo.com

Brad A. Markvart, WBN 1035460 Attorney for Plaintiff

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',--' .. _-- _NOV, 17,2010- 1 :45PM~DEFAULT OPERAT10NS~-~--~--~N -

0, 046 p,

S.STATE OF WlSCONSlN

KENOSHA COUNTY

GIR.CUIT COURT

HSBC BANK USA, National Association, as Trustee for Wells Fargo Asset Secunties Corporation Home Equity Asset-Backed Certificates, Series 2005-2, c/o Wells Fargo Bank, N.A.

Case No.: 09-CV-0353 Case Code: 30404

v.

ROGER P. RINALDI and DBSA 1- RINALDI,

Defendants,

AFFIDA vrr OF JENNrFERL. :ROBINSON IN OPPOSITION TO·DEFENDA.NTS' MOTION FOR RELIEF

STATE OF MARYLAND ,) )

FREDERICK COUNTY )

JENNIFER 1. ROBINSON, being :Brst duly sworn, makes this affidavit and on oath

states the following upon her own personal knowledge:

1. Affiant is, and has for all times relevant been, employed by Wells Fargo Bank,

N.A., successor by merger to Wells Fargo Home Mortgage Inc. d/b/a America's Servicing

Company, 8480 Stage Coach Circle, Frederick, 'MD 21701, the servicer of the mortgage at issue' in the above-captioned action, as a Defa:ult Litigation Specialist,

2. In my capacity as Default Litigation Specialist, affiant has at all times relevant

had possession, control, and responsibility for the accounting records relating tome mortgage

loan which is the subject of the above-captioned action.

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3. In my capacity as Default Litigation Specialist. affiatlt bad personal knowledge of

the facts set forth in the Affidavit of Jennifer Robinson in Support of Plaintiffs Motion for

Summary Judgment in the above-captioned action at the time affiant signed said Affidavit.

4. Affumt signed the Affidavit of Jennifer Robinson in Support of Plaintiff's Motion

for Summary Judgment in the above-captioned action before a.notary ill Frederick, Maryland,

5. Affiant did not sign Affidavit of Jennifer Robinson in Support of Plaintiffs,

Motion for Summary Judgment in the above-captioned action in Baton Rouge,.LocisiaDa. ..' .

6. Affiant is not the "Jennifer Robinson" ideIJ.tified in the alleged Linked-In profile

print-out filed as. Exhibit 1 in support of the Defendants' Motion for Relief-in the abovecaptioned action, as affiam is not a Wells Fargo marketing database administrator in the Baton

Rouge, Louisiana area. .

Subscribed and sworn to before me this rf'day of November. ') 10.

My commission expires on~.

JOSEPH J. CARlOLA NOTARY PUBliC· FREDERICK COUNTY MARYLAND

MY COMMISSION E,XPIRES APRIL 1 S, 2011

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11/17/2010 11:51AM (GMT-07:00)

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Bankruptcy balance $0
Bankruptcy fees and costs $0
Miscellaneous corporate advances $0
Disbursement $0
SUBTOTAL $184,630.31 8. Further interest will accrue from August 1, 2009 through the date of judgment at a

rate of Twenty-One and 8111 OOths Dollars ($27.00) per day.

9. The mortgaged premises are occupied by the defendants, Roger and Desa Rinaldi.

) .

10. Attached hereto and incorporated by reference as Exhibit 3 is a true and complete

copy of the Note.

11. Attached hereto and incorporated by reference as Exhibit 4 is a true and complete

copy of the Mortgage.

Subscribed and sworn to before me thi.~J2qday of July,.~~09 .. ,{_ ..... /r . /l /1 ¢'7

11 <././ I I /1

;/l--t_ . { / I I \,__.--

My commission expires on _

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