Mortgage Servicing Fraud
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NY Litigants would be well advised to take a close look at thr 28 Jan 2008 order of Judge Joseph J. MALTESE, of Richmond County, NY, granting defendant David SHEARON summary judgment for violations of New York's predatory lending laws.  The case is LaSalle Bank v SHEARON, Index No. 100255/2007, Judge Joseph J. MALTESE, of Richmond County, NY.

The decision is amongst those available online through the New York State Courts Decision Search facility at http://decisions.courts.state.ny.us/search/query3.asp .

I will also send the site administrators a copy for posting. 

I stumbled across this case while looking for other cases and haven't done much investigation of the law or any prior or subsequent actions.

Perhaps others can read and comment upon this decision.  I am too busy right now to abstract it further!

I WOULD SAY THAT THIS DECISION IS A MUST READ FOR ANYONE LITIGATING A FORECLOSURE IN NEW YORK WHERE PREDATORY LENDING MIGHT BE A DEFENSE OR COUNTERCLAIM.
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Jose

This case has been in the Legal Lounge for quite some time.  It is worth reviewing for NY foreclosures.

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Thanks, Jose!

I see now that it is already posted in the Legal Lounge under "Wilshire Credit Shearon".  The Legal Lounge then links the version posted at the NY Reporter site at:

http://www.nycourts.gov/reporter/3dseries/2008/2008_28032.htm


The citation in LEXIS is shown to be:

LaSalle Bank, N.A. v. Shearon, 100255/2007, SUPREME COURT OF NEW YORK, RICHMOND COUNTY, 2008 NY Slip Op 28032; 19 Misc. 3d 433; 850 N.Y.S.2d 871; 2008 N.Y. Misc. LEXIS 260; 239 N.Y.L.J. 26, January 28, 2008, Decided.

Those with predatory lending issues in NY State really need to take a look at this opinion!
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