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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William A. Roper, Jr.
In a case no doubt already well known to experienced New York foreclosure lawyers, but unnoted in this Forum, the Supreme Court of New York Appellate Division, Second Department, handed down an opinion last December which ratified, embraced and elaborated upon the previous holding within the Third Deprtment in Lasalle Bank Natl. Assn. v. Ahearn.  The case was:

U.S. Bank, N.A. v Collymore, 2009 NY Slip Op 09019, 68 AD3d 752 [December 1, 2009]http://www.nycourts.gov/reporter/3dseries/2009/2009_09019.htm

 

This Second Department case builds upon the decision earlier last year of the Third Department in Lasalle Bank Natl. Assn. v. Ahearn, 505597, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, 2009 NY Slip Op 1388; 2009 N.Y. App. Div. LEXIS 1365, February 26, 2009, Decided, February 26, 2009, Entered.  That case was announced within this Forum by "A NY Observer" in April 2009.

This case adds additional appellate authority to the decisions of the Kings County bench relating to plaintiff standing.

Those litigating foreclosure in New York state should be aware fo this decision.
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William A. Roper, Jr.
Google Scholar has posted the Collymore decision at:

http://scholar.google.com/scholar_case?case=12986848906558373013


The full citation for the Collymore case is:
US Bank, NA v. Collymore, No. 2008-07847, 2009 NY Slip Op 9019, 890 N.Y.S.2d 578, 68 A.D.3d 752, 753-4 (NY Sup. Ct. App. Div. 2nd Dept 2009)
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