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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Angelo
Here is the link, http://www.nycourts.gov/reporter/3dseries/2011/2011_50423.htm

This Judge really does his homework, checking city records before even entertaining the banks motions.  I wish all Judges were so diligent around the country.


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William A. Roper, Jr.
While I am a great fan of Justice Arthur SCHACK, I doubt that the dismissal with prejudice is going to hold up.  I think that Justice SCHACK can surely dismiss a case with prejudice when he finds actual serious misconduct on teh part of a plaintiff.

But dismissals due to lack of jurisdiction are inherently without prejudice.

But Justice SCAHCK has certainly complicated things for the plaintiff.  Because now this plaintiff will have to first appeal the dismissal with prejudice and get that dismissal vacated or corrected before it can re-file the case!

If the plaintiff fails to timely appeal, the dismissal with prejudice probably becomes a final order and the plaintiff would then seem to be precluded by res judicata from relitigating.  The appeal could very well last a year or more.

This is still a very nice victory for the defendant and probably leaves the defendant in the house for another couple of years, but probably will NOT result in a FREE HOUSE.


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Angelo

While I agree with your opinion on the case, and feel the plaintiff might very well appeal the decision, I think Schacks basis for the dismissal w/ prejudice was on the fact that the plaintiff acted in a fraudulent manner by negotiating with the defendant under court monitoring and and no standing to do so.  Might be a long shot, but who knows.

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FnDoomed
Is there anyone else who worries that Schack will run into an unfortunate accident?  Or have I seen too much TV?
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