Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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Fighting back against Wells Fargo (Trust) with American Home now homestead in NY.
They filed S&C in August 2012 after two years non payment.
At the rate they move in NY Courts I expect to collect rent for an additional 3 years I guess.
They pay the taxes of of about $11,000 a year.
I pay the prop insurance just to control any claims. about $1300
Rent income is $28,000 per annum
So the longer I hold off the Hammer...........

Following some guidelines here I filed discovery for admissions, they filed a long OSC for protection.

I simply answered back on 3/1

1.     Defendant’s requests are not unreasonable nor are they requesting Plaintiff interpretations of law.

2.     The requests are not improper nor has Plaintiff defined how such requests are a burden, expense or prejudice to a large law firm or Bank.

3.     Plaintiff is attempting to secret information that Defendant is entitled to thru its miss use of this OSC.

THEREFORE, Plaintiff’s Motion should be denied or in the alternative, only certain requests (limited) be struck.


Today the Court denied the Banks request.

They just burned several months of time,

I guess if they fail to reply I'll need to file a motion to compel....we'll see.

Next week I'll bang them with additional discovery requests, not sure if they'll seek another order of protection.

If anyone knows of good case law in NY please post or email me.

Thanks
John
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Gus
Also, bear in mind the limits of Requests for Admissions when compared with other discovery tools, such as interrogatories, requests forr production, depositions on written questions and oral depositions.

Usually, a party can simply DENY a request for admission even without any Objection and the only sanction available for failure to admit a particular fact is that the requesting party can move to have the unresponsive party charged with the costs of proving the facts thus denied. A court would almost NEVER order a party to "admit" something.

Thus, if the response is blanketed with specious Objections, you may need to get the court to "determine" the Objections and order the plaintiff to answer without Objection, but the ultimate answer may simply be a series of denials (e.g. "Denied", "Denied", "Denied"). No court will ever order a party to admit anything.

Also, if you seek to get a party to admit something that is a matter of law rather than a fact, such an admission is never binding on the court anyway in most jurisdictions. Only questions of fact may be validly admitted in a discovery response.

By contrast, if you ask a valid interrogatory the answering party can be required to answer the interrogatory under oath.

Requests for admissions are usually of extremely limited utility in most foreclosure litigation.
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