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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This is the first of a series of posts relating some rather exciting and exceptional news.  New York state courts have begun to recognize a wide variety of plaintiff fraud and misconduct in foreclosure pleadings and evidence and in particular have begun to embrace the rationale for the dismissals relating to standing which was set out in the Ohio Federal Court decisions beginning last Autumn.  [See my prior posts "Ohio Federal Foreclosure Filings DRY UP" (12/31/07 at 06:36 AM) at http://www.websitetoolbox.com/tool/post/ssgoldstar/vpost?id=2404025 and "Clearing the Ohio Federal Court Dockets of Foreclosures" (01/07/08 at 05:35 AM) at http://www.websitetoolbox.com/tool/post/ssgoldstar/vpost?id=2390115 ]

I have stumbled across SO MANY CASES, that it will take several days to summarize all.

I am going to post these cases, as I did with the Ohio rulings, BY JUDGE.  In the interests of getting at least some of these cases into your hands quickly, I am starting with the Judges issuing FEWER orders and decisions.  This is a little counter-intuitive, as the Judges with the largest number of rulings are probably more important.

But when participants see the sheer VOLUME of recent New York state court orders and opinions, you will see how large a task it is to summarize the rulings of the more active jurists.

I am going to forward the Orders in Adobe Acrobat format to the MS Fraud site administrators.  I am also herewith requesting that the site administrator open up a NEW New York Decisions and Orders Page separate from the Legal Lounge to archive these orders.  Frankly, the Legal Lounge has gotten a little crowded and cluttered WITHOUT the addition of ninety additional cases.

There also might be some merit in setting up topical pages for Federal Court Orders and Decisions as well as Bankruptcy Orders and Decisions.  I can contribute substantially ALL of the Ohio decisions for posting if the administrators create a location for the same.

Basically, I am suggesting that the site administrators RETHINK the organization of posting now set forth at the Legal Lounge.  In the end, though, I will identify and summarize the recent New York cases and forward the files and leave it the the administrators how to organize the material.

I believe that these cases will be of greatest help to New York foreclosure litigants.  But there are a variety of VERY INTERESTING clues to successful foreclosure defense which might readily be useful to a variety of others.

While I will quickly summarize the key issues in each of these cases, I leave it to the site visitors to READ the underlying cases to draw their own conclusions.

Also, my priority is first pushing the information as to the identity of these cases and their subject matter into the public domain and consciousness.  AFTER posting all of the cases, I will separately identify and discuss several THEMES I believe are exemplified by these cases.

Since a number of you are well informed and very perceptive, I suspect that one or more of you may post reactions, interpretations and insightful commentary IN ADVANCE of what I have concluded from my reading of these cases.  While several of you may therefore announce discoveries and conclusions before I get around to discussing the matters in detail, I think YOUR sharing of your own insights and reactions unprejudiced by my own conclusions will ADD to the richness of our discussions.

I think that you will ALL find these cases and decisions to be a very valuable new source of inspiration, analysis and analytical approach, case law and even evidence as you continue our collective fight against mortgage servicing fraud!

I suspect that you will be reading more about these cases and decisions in leading newspapers within the coming days.     
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4 justice now
FWW:

I would like to take a moment to thank Mr. William A. Roper, Jr., the MS Fraud site administrators, as well as many others here for the outstanding work and contributions they have made in helping MS Fraud victims.

I certainly agree with Mr. Roper's suggestion (posted below).

Quote:

Basically, I am suggesting that the site administrators RETHINK the organization of posting now set forth at the Legal Lounge.  In the end, though, I will identify and summarize the recent New York cases and forward the files and leave it the the administrators how to organize the material.



R,

4J
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O -
All I can say is, Wow!
 
You sure have done a LOT of work on this. I'm glad your on our side, LOL Great Job Mr Roper.  
 
 
 
 
 
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Nye Lavalle
Yup, another outstanding job by Bill!
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Mr. Roper's findings are even more exciting considering a number of New York courts have made inquiries to MSFraud.org. 

Hopefully courts in every state will catch on.
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O -

That's nice to know about that courts are checking out this site. TY



MSFraud.org wrote:
Mr. Roper's findings are even more exciting considering a number of New York courts have made inquiries to MSFraud.org. 

Hopefully courts in every state will catch on.

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To summarize some of the RELATED discussion threads:

Orders By Judge Edward D. BURKE, of Suffolk County, NY (05/10/08 at 08:10 PM)
http://www.websitetoolbox.com/tool/post/ssgoldstar/vpost?id=2700366

 

Orders By Judge Ralph F. COSTELLO, of Suffolk County, NY (05/10/08 at 08:59 PM)
http://www.websitetoolbox.com/tool/post/ssgoldstar/vpost?id=2700450

 

Orders By Judge Donald Scott KURTZ, of Kings County, NY (05/14/08 at 11:01 PM)
http://www.websitetoolbox.com/tool/post/ssgoldstar/vpost?id=2710158

 

Orders By Judge Joseph FARNETI, of Suffolk County, NY (05/10/08 at 08:59 PM)
http://www.websitetoolbox.com/tool/post/ssgoldstar/vpost?id=2700413

 

Orders By Judge Jeffrey Arlen SPINNER, of Suffolk County, NY (05/11/08 at 01:20 PM)
http://www.websitetoolbox.com/tool/post/ssgoldstar/vpost?id=2701410

 

Finding Aids To New York Dockets, Decisions and Land Records (05/10/08 at 08:00 PM )
http://www.websitetoolbox.com/tool/post/ssgoldstar/vpost?id=2700352


Please note that additional summaries of decisions by Judges Arthur SCHACK, Judge James G. STARKEY, and additional orders by Judge Ralph F. COSTELLO are forthcoming!  READ THESE CASES!!  THere is a LOT of helpful law therein!! 
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Foreclosures Come To a STOP in Brooklyn!


One of the things that becomes more and more apparent as one reads the cases I have been posting from New York is that the Kings County (Brooklyn) bench seems to have CAUGHT ON to the rampant fraudulent representations being made by mortgage servicers and their contract perjurers and forgers!

Kings County judges are now scrutinizing UNOPPOSED foreclosure pleadings sua sponte and are almost uniformly finding insurmountable DEFECTS in these pleadings.  In a number of instances, plaintiff have been ordered to produce evidence which explains curious and questionable assertions within their pleadings.  It seems that the plaintiffs CANNOT or WILL NOT comply.

IT APPEARS TO ME THAT FORECLOSURE ACTIVITY IN BROOKLYN HAS ESSENTIALLY CEASED AS THE JUDGES SIMPLY SCRUTINIZE THE PLAINTIFF'S PLEADINGS AND APPLY NEW YORK LAW.

The importance of these cases extends well BEYOND New York.  ANYONE FACING A FORECLOSURE OUGHT TO BE READING THESE ORDERS, AS THEY GIVE A VERITABLE HOW TO GUIDE IN FINDING FATAL DEFECTS IN THE PLAINTIFF'S CASE!

I can assure you that I have studied public records and pleadings NATIONALLY, and what the New York Judges are finding is COMMONPLACE throughout the mortgage industry and in courtrooms hearing foreclosures.  If you can UNDERSTAND what is happening in New York right now, you will have a ROADMAP to constructing an EFFECTIVE DEFENSE.  You will ALSO have a great head start in preparing your motions for sanctions and CRIMINAL REFERRALS.
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O -

They don't want to comply because they are trying to hide the facts. Ameriquest and their attorneys get away with that all the time.


William A. Roper, Jr. wrote:

Foreclosures Come To a STOP in Brooklyn!


One of the things that becomes more and more apparent as one reads the cases I have been posting from New York is that the Kings County (Brooklyn) bench seems to have CAUGHT ON to the rampant fraudulent representations being made by mortgage servicers and their contract perjurers and forgers!

Kings County judges are now scrutinizing UNOPPOSED foreclosure pleadings sua sponte and are almost uniformly finding insurmountable DEFECTS in these pleadings.  In a number of instances, plaintiff have been ordered to produce evidence which explains curious and questionable assertions within their pleadings.  It seems that the plaintiffs CANNOT or WILL NOT comply.

IT APPEARS TO ME THAT FORECLOSURE ACTIVITY IN BROOKLYN HAS ESSENTIALLY CEASED AS THE JUDGES SIMPLY SCRUTINIZE THE PLAINTIFF'S PLEADINGS AND APPLY NEW YORK LAW.

The importance of these cases extends well BEYOND New York.  ANYONE FACING A FORECLOSURE OUGHT TO BE READING THESE ORDERS, AS THEY GIVE A VERITABLE HOW TO GUIDE IN FINDING FATAL DEFECTS IN THE PLAINTIFF'S CASE!

I can assure you that I have studied public records and pleadings NATIONALLY, and what the New York Judges are finding is COMMONPLACE throughout the mortgage industry and in courtrooms hearing foreclosures.  If you can UNDERSTAND what is happening in New York right now, you will have a ROADMAP to constructing an EFFECTIVE DEFENSE.  You will ALSO have a great head start in preparing your motions for sanctions and CRIMINAL REFERRALS.
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We have added a new page to handle all the Foreclosure DISMISSAL cases submitted by Mr. Roper.

http://www.msfraud.org/law/lounge/Standing.html
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FB EYE!

Very NICE! 

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Big Mac

Do you have anything on the ameriquest Ohio cases. Judge Aspin?

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Also, see the recent post on this message board:

Orders By Judge Arthur M. SCHACK, of Kings County, NY (05/18/08 at 08:57 PM)

http://www.websitetoolbox.com/tool/post/ssgoldstar/vpost?id=2717911


I have MANY more orders by Judge SCHACK to post in the coming days!


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Nye Lavalle
Judge Schacks decisions are best!
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TED
FBI: Corporate, mortgage fraudsters actively threaten your financial future | NetworkWorld.com Community

It would be nice if they could connect the dots...
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Looks like NY is finally catching on and becoming pro-active regarding the forclosure issues.

Press Release
New York Fed Announces Formation of the Lawyers' Foreclosure Intervention Network
May 27, 2008
 
 

The Federal Reserve Bank of New York today announced the formation of the Lawyers’ Foreclosure Intervention Network (LFIN), a pro bono pilot program cosponsored by the City Bar Justice Center, the legal services arm of the New York City Bar. Led by director Lynn Armentrout, LFIN has as its mission marshaling the resources of New York City’s legal community to assist New Yorkers facing the prospect of foreclosure.

Currently, the number of legal aid attorneys specialized in this area of law is small, particularly compared with the growing need for legal advice from distressed homeowners. This program will provide training to lawyers, as well as a framework for program administration and accountability, in order to prevent unnecessary foreclosures in New York City. Lawyers participating in the program will assist homeowners in understanding and assessing their options. Some attorneys will negotiate with homeowners’ creditors; others will represent homeowners before bankruptcy or other courts.

To maximize the number of attorneys able to represent distressed borrowers, the New York Fed is encouraging financial institutions to waive, to the extent possible, conflicts of interest that might arise in the representation of a distressed homeowner.

At this time, the LFIN pilot program is limited to New York City, but the program’s progress will be monitored to determine if similar efforts would be useful in other areas of the country. The New York Fed’s regional outreach mission is to promote sustained economic vitality by leveraging the Bank’s strengths to benefit the people in the Second District. This effort is part of the Federal Reserve’s Homeownership and Mortgage Initiative, a comprehensive strategy across the Federal Reserve System to provide information and outreach to prevent unnecessary foreclosures and to stabilize communities.

To learn more about the LFIN program or to volunteer, please see the City Bar Justice Center’s Offsite website.

To track nonprime mortgage conditions in New York State and around the country, please see the dynamic maps on the New York Fed’s website.

Contact: Andrew Williams
(212) 720-6143
(646) 720-6143
andrew.williams@ny.frb.org

http://www.newyorkfed.org/newsevents/news/regional_outreach/2008/an080527.html

 

Here are some other links regarding this Lawyers Foreclosure Intervention Network:

http://www.abcny.org/citybarfund/ForeclosureInterventionNetwork.htm

http://www.crainsnewyork.com/apps/pbcs.dll/article?AID=/20080527/FREE/571550576/1048/toc
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Nye Lavalle
Are you kidding me? Like the Fed who helped start this mess and is owed by the banks, gives 2 ratz azz about the borrower!
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debbie
"Are you kidding me? Like the Fed who helped start this mess and is owed by the banks, gives 2 ratz azz about the borrower!"

DITTO
Especially if you live in Florida.
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I have posted some additional New York orders by Judge Donald Scott KURTZ on the thread:

Orders By Judge Donald Scott KURTZ, of Kings County, NY (05/14/08 at 11:01 PM )

http://www.websitetoolbox.com/tool/post/ssgoldstar/vpost?id=2710158

 

Also, I posted nine orders (post says seven) by Judge Sylvia O. HINDS-RADIX:

 

Orders By Judge Sylvia O. HINDS-RADIX, of Suffolk County, NY (06/03/2008 at 04:05 PM )

http://www.websitetoolbox.com/tool/post/ssgoldstar/vpost?id=2754249

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