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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Ann
Supreme Court, Kings County



HSBC Bank USA, N.A. as Trustee of behalf of ACE Securities Corp. Home Equity Loan Trust And for the Registered Holders of Ace Securities Corp. Home Equity Loan Trust, Series 2007-HE4, Asset Backed Pass-Through Certificates, Plaintiff,

against

Marie Sene, et al, Defendants.




18600/09



Plaintiff was represented by Alissa L. Wilson, Esq., Shapiro, DiCaro & Barak, LLC, 250 Mile Crossing Blvd., Rochester, NY 14624. Defendant was represented by Yolande I. Nicholson, PC, 26 Court St., Brooklyn, NY 11242.

Herbert Kramer, J.

The following papers have been read on this motion:

Notice of Motion/Order to Show Cause/Papers Numbered

Petition/Cross Motion and

Affidavits (Affirmations) Annexed _____________________________

Opposing Affidavits (Affirmations) _______ ______________________

Reply Affidavits (Affirmations)______________________________

_______________(Affirmation)______________________________

Other Papers______________________________

Good faith is absent when two versions of the assignment of the note are presented to the Court. Parties are required to come into the court with clean hands despite having instituted the action prior to the effective date of CPLR §3408.[FN1] [*2]

This matter was referred to this Court for a bad faith hearing under the appropriate statutory scheme. See CPLR §3408.

The instant matter illustrated the wild west mentality that was so prevalent in the early part of this past decade, which allowed for practically anyone breathing to obtain a mortgage by signing their name.[FN2] It appears that the process of securitization of mortgages led to major improprieties, this case being a prime example.

However, all of that pales in significance to what follows. During the bad faith hearing, two separate notes with attendant assignments were put into evidence by the plaintiff.

The first was in Exhibit "C." of plaintiff's "1." which is the summons and complaint filed on July 23, 2009.The note itself was endorsed by Marie Sene, only. In addition, there is an allonge, dated July 15, 2009, with the "effective date" of April 30, 2007, signed by Kevin M. Jackson.[FN3]

The allonge is assigned to "HSBC Bank USA, N.A. as Trustee on behalf of Ace Securities Corp. Home Equity Loan Trust and for the Registered Holders of Ace Securities Corp., Home Equity Loan Trust, Series 2007-HE4, asset backed Pass-Through Certificates, without recourse, representation or warranty express or implied..."

The second note was introduced as Exhibit "E." of plaintiff's "1." labeled as the note and assignment. That note included an endorsement from Marjorie Jorgensen, the Collateral Control Manager or ResMae Mortgage Corporation in addition to Ms. Sene's signature. There was also a purported allonge which was not permitted into evidence. However, the existence of an allonge does not explain the apparent disparity between the two assignments. Both cannot be accurate.[FN4]

This Court emphatically now joins the judicial chorus who have been wary of the paperwork supplied by plaintiffs and their representatives. There is ample reason for Chief Judge's requirement for an attorney affirmation in residential foreclosure cases. As stated by [*3]Chief Judge Jonathan Lippman,"we cannot allow the courts in New York State to stand idly and be party to what we now know is a deeply flawed process, especially when that process involves basic human needs-such as a family home-during this period of economic crisis."[FN5]

Furthermore, the form affidavit which is now required by Administrative Order 548/10 states that "numerous and widespread insufficiencies in foreclosure filings in various courts around the nation were reported by major mortgage lenders and other authorities...". See also, HSBC Bank v. Taher, 932 N.Y.S2d 760 [2011].[FN6]

It is clear in this case, without further hearings, that a fraud has been committed upon this Court. Thus, the only remedy that can be utilized by this Court is to stay these proceedings and any mortgage foreclosure until this matter is cleared up to the satisfaction of this Court.

Further, in connection with this matter, the litigants were directed to submit memorandums of law on issues that arose during the hearing. Plaintiff submitted an affirmation with exhibits. Therein plaintiff attempts to establish Ocwen's authority to sign as "attorney in fact" for ResMae corporation.

Allegedly, Ocwen's authority arises from a limited power of attorney attached as exhibit "H." to Plaintiff's "1." The power of attorney between ResMae Mortgage Corporation (the Servicer) and Ocwen, grants the "express power and authority to, for any mortgage loan transferred by the Servicer to Ocwen under that certain Pooling and Servicing Agreement between the Servicer and Deutsche Bank National Trust Company dated March 1, 2006."

Oddly, the pooling and servicing agreement submitted as plaintiff's Exhibit "2." allegedly evidencing Ocwen's power of attorney is dated April 1, 2007 and is between Ace Securities Corp., Ocwen Loan Servicing, LLC, GMAC Mortgage, LLC, Wells Fargo Bank, National Association, HSBC Bank USA, NA. These submissions fail to establish that Ocwen was granted authority as ResMae's attorney-in-fact. Regardless, the defect in the assignments remain.

This Court is further reporting the matter to the District Attorney, Kings County, the Attorney General of the State of New York and the U.S. Attorney for the Eastern District of New York. Copies of the two notes are annexed hereto and made a part hereof.

This constitutes the decision and order of the Court.

J.S.C.

Footnotes



Footnote 1:The plaintiff asserts that the language of "good faith" contained in CPLR § 3408 does not apply as this action was commenced prior to the February 13, 2010 amendment. Plaintiff does not argue that the remainder of CPLR 3408 is applicable, which directs settlement conferences in residential foreclosure matters. This Court disagrees with plaintiff that its obligation to act in good faith throughout the litigation is dependent upon a statutory mandate. Honeywell International v. National Avionics Sys. Corp., 343 F.Supp.2d 272 [2004]. "A mortgagee who is invoking the aid of foreclosure action, may be required, as condition precedent to relief, to do equity." Farmers' & Mechanics'Sav. Bank of City of Lockport v. Eagle Bldg. Co. et al., 271 N.Y.S. 306 [1934]. This Court has purposefully cited a decision from 1934 due to the discussion found therein as to the devastating economic conditions at that time, and unfortunately finds many parallels to the current economic climate.

Footnote 2: This court was prepared to update its decision regarding reverse redlining and whether the rebuttable presumption followed with the assignment of the note and mortgage. See, M & T Mortgage v. Foy, 858 NYS2d 567 [2008]. In this Court's view, it is unnecessary to delve into the other legal arguments when faced with the conflicting assignments.

Footnote 3:As manager for Resmae Mortgage Corporation by its attorney-in-fact Ocwen Loan Servicing, LLC

Footnote 4:It should also be noted that ResMae filed for bankruptcy protection in 2007.

Footnote 5:In regards to the issuance of Administrative Order 548/10

Footnote 6:The decision outlines the numerous and widespread irregularities specific to HSBC Bank USA, NA, the plaintiff in this case.



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ka

This is a terrific decision out of Kings county, NY.  Thanks for posting, Ann!

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Unregistered
"This Court is further reporting the matter to the District Attorney, Kings County, the Attorney General of the State of New York and the U.S. Attorney for the Eastern District of New York."


It seems that this judge was a bit perturbed. 
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t

See my discussion about this tidbit within the case posted in Mr. Roper's thread on the equitable maxim He who seeks equity must do equity:

"A mortgagee who is invoking the aid of foreclosure action, may be required, as condition precedent to relief, to do equity." Farmers' & Mechanics'Sav. Bank of City of Lockport v. Eagle Bldg. Co. et al., 271 N.Y.S. 306 [1934].

 

My discussion:

 

http://ssgoldstar.websitetoolbox.com/post/show_single_post?pid=1272654780&postcount=30

 

Mr. Roper' s thread:

 

"He Who Seeks Equity Must Do Equity"

http://ssgoldstar.websitetoolbox.com/post/quotHe-Who-Seeks-Equity-Must-Do-Equityquot-2483356

 

Generally, arguing an equitable maxim would be an affirmative defense.  This decision suggests that it could also be a condition precedent.

 

In New York State, it might be a good idea to argue the equitable maxim both as an affirmative defense AND as a condition precedent on which a plaintiff bear the burden of proof OR to argue ONLY that it is a condition precedent and that the plaintiff bears the burden!   

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Unregistered
http://4closurefraud.org/2012/03/13/exclusive-smoking-gun-the-sophisticated-and-the-scammed-iv-it-appears-we-now-have-proof-that-mortgage-loans-were-pledged-to-multiple-trusts/
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Unregistered

 

 

Brilliant!  Ann seems to now be posting links to other purported foreclosure defense websites using [unregistered].  (Since her credibility at the Forum is less than zero, this might be a good strategic move.)

 

Her commitment to destroying the Forum by directing traffic to other sites is unmistakable.

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Unregistered
Why don't you get a phuking life assh0le unregistered. Ann has more balls than you!
At least she doesn't hide behind her anonymity!
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Unregistered

Quote:

Why don't you get a phuking life assh0le unregistered. Ann has more balls than you.  At least she doesn't hide behind her anonymity!

 

 

This seems to be a case of an [Unregistered] pot calling an [Unregistered] kettle "black".

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Unregistered Who Doesn't

The post immediately above was by "Unregistered Who Doesn't Need To Use Foul Language".  The previous posts can be distinguished as being by [Unregistered] pot and [Unregistered] kettle.

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J
Quote: "Ann has more balls than you!"
 
? how do u know this? is this hearsay or is it fact?
 
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Unregistered Lacking Pers

Quote:
Quote: "Ann has more balls than you!"

? how do u know this? is this hearsay or is it fact?
 

 

Both the possibility that [Unregistered] pot is making a hearsay allegation and the possibility that  [Unregistered] pot has first hand knowledge as to the relative size or volume of Ann's and [Unregistered] kettle's gonads is quite troubling! 

 

Perhaps it is better not to actually learn the answer, but instead to merely disregard [Unregistered] pot's post! 

 

-- Unregistered Lacking Personal Knowledge of Ann's Gonads

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Cindy
Will you people STOP HIJACKING legitimate discussions here? I have been reading here often, for more than a year and have had excellent help, until lately. Whoever you are, carrying on these childish interruptions and tirades, you are ruining this site. 

It is the sole responsibility of each of us here to discern or research whether a posting is credible. Most of us are emotionally mature adults who can handle that task. 
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Unregistered
Quote:
Will you people STOP HIJACKING legitimate discussions here? I have been reading here often, for more than a year and have had excellent help, until lately. Whoever you are, carrying on these childish interruptions and tirades, you are ruining this site. 
 
It is the sole responsibility of each of us here to discern or research whether a posting is credible. Most of us are emotionally mature adults who can handle that task. 
 
 
   
 
Some of us have become rather weary of Ann seeking to direct traffic away from the Forum.  At every opportunity, she SPAMs the message board with additional links leading people elsewhere.  She is ugly, dismissive and disrespectful of all other Forum participants.
 
If she tried posting even a small fraction of the links she directs elsewhere at one of these other sites, she would be BANNED from those sites.  Of course, since several of the sites she links are operated by swindlers, this calls into question her motives!
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Unregistered

Quote:

If she tried posting even a small fraction of the links she directs elsewhere at one of these other sites, she would be BANNED from those sites. Of course, since several of the sites she links are operated by swindlers, this calls into question her motives!

 

I think that we can all agree that the Forum would be far better off if Ann and her message board SPAM was banned from the Forum.  I certainly agree that the banter Ann initiates in her own defense is not appreciated either.

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j

let's not forget the FACT that she not only spams this forum but at her discretion DELETES POSTS AND EVEN ENTIRE THREADS!

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ruyjh
 Europeo final de la Copa: Barcelona 3-1 Manchester United

Barcelona hizo una http://www.ventacamiseta.com/ clase magistral para infligir una nueva derrota final de la Liga de Campeones al Manchester United como Lionel Messi inspirado en una contundente victoria en Wembley.

Manchester United con la esperanza de emular su éxito primera Copa de Europa ante el Benfica final aquí en 1968 fue a pique como Barcelona merecidamente repitió su victoria contra el http://www.ventacamiseta.com/camisetas-de-real-madrid-20122013-Baratas-20/ equipo de Sir Alex Ferguson en Roma hace dos años.
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Bruce
Quote:
Europeo final de la Copa: Barcelona 3-1 Manchester United

Barcelona hizo una http://www.ventacamiseta.com/ clase magistral para infligir una nueva derrota final de la Liga de Campeones al Manchester United como Lionel Messi inspirado en una contundente victoria en Wembley.

Manchester United con la esperanza de emular su éxito primera Copa de Europa ante el Benfica final aquí en 1968 fue a pique como Barcelona merecidamente repitió su victoria contra el http://www.ventacamiseta.com/camisetas-de-real-madrid-20122013-Baratas-20/ equipo de Sir Alex Ferguson en Roma hace dos años.


Anh will do or post anything to promote her scams, even information about Manchester United soccer! Anh is totally corrupt, worse even than scam artist Mike H.
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