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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The following six orders by Judge Arthur M. SCHACK, of King, should be of interest:
 
American Brokers Conduit v ZAMALLOA, Judge Arthur M. SCHACK, Kings, Index No. 07206/2007 (11 Sep 2007)
In American Brokers Conduit v ZAMALLOA, on September 11, 2007, Judge SCHACK denied an application for a judgemnt of foreclosure and sale of a Kings County property without prejudice due to the plaintiff's lack of standing.  The plaintiff American Brokers Conduit instituted suit on February 28, 2007, but did not receive an interest in the mortgage which is subject of the suit until a March 5, 2007 assignment (CFRN 2007000169450).  This case is a little bizarre in that American Brokers Conduit seems to have assigned the mortgage to ITSELF at a different address in Melville, New York.  The case does have a good discussion of the case authority requiring a plaintiff to have standing.
 
American Brokers Conduit v ZAMALLOA, Judge Arthur M. SCHACK, Kings, Index No. 07206/2007 (28 Jan 2008)
In American Brokers Conduit v ZAMALLOA, on January 28, 2008, Judge SCHACK denied an application for an order of reference due to the plaintiff's failure to include an affidavit of merit by the party.  Rahter than having an officer of American Brokers Conduit execute the affidavit of merit, the plaintiff submitted an affidavit of merit excuted by a Robert HARDMAN, who identified himself as Vice President of Mortgage Electronic Registration Systems, Inc. (MERS).
 
Aurora Loan Services, LLC v SATTAR, Judge Arthur M. SCHACK, Kings, Index No. 15208/2007 (09 Oct 2007)
In Aurora Loan Services, LLC v SATTAR, Judge SHACK denied an application for an order for service by publication and dismissed the complaint by Aurora Loan Services, LLC, due to the plaintiff's lack of standing.  The plaintiff pled a promissory note and mortgage iin which the promissory note was in favor of First Magnus Financial Corporation and the mortgage was recorded in favor of MERS.  Judge SCHACK notes that there is no evidence whatsoever within the record that the mortgage was assigned in favor of the plaintiff and notes that no such mortgage assignemnt was either pled or recorded.  Judge SCHACK goes on to note that First Magnus Financial Corporation had gone out of business in AUgust 2007 and filed for bankruptcy on August 21, 2007.  The opinion then contains a thorough discussion of the case authority requiring a plaintiff to have demonstrable standing in order to be eligible to maintian a suit.  In addition to dismissing the suit, Judge SCHACK also cancelled the notice of pendency.  Judge SCHACK also found the original complaint and suit to be frivolous, but declined to impose sanctions upon the law firm filing the suit because it was the first instance that the Court had noted such conduct.
 
Bank of NY NA v OROSCO, Judge Arthur M. SCHACK, Kings, Index No. 32052/2007 (19 Nov 2007)
In Bank of NY NA v OROSCO, Judge SCHACK denied an application for an order of reference due to the plaintiff's failure to demonstrate ownership of the mortgage for the subject property.  The plaintiff pled an assignment from MERS to Bank of New York dated August 21, 2007, but Judge SCHACK noted that this assignment had never been recorded.  But Judge SCHACK went on to note that Bank of New York also pled an affidavit executed by a person who is identified as Keri SELMAN.  Judge SCHACK notes that while in her affidavit in the OROSCO case she identified herself as an Assistant Vice President for Bank of New York, in another case before Judge SCHACK Keri SELMAN had signed an affidavit identifying herself as a Vice President of "Countrywide Home Loans, Attorney in Fact for Bank of New York".  Judge SCHACK ordered that Ms. Keri SCHACK furnish an affidavit describing her employment history for the previous three years.  [In point of fact, this would seem to be Keri or Kerri L. SELMAN (b 26 Aug 1969 - Los Angeles, CA), formerly Keri Lynn ATWOOD, of McKinney, Texas.  She seems likely to be an employee of Countrywide, which has a large servicing facility near where Ms. SELMAN lives.]
 
Deutsche Bank v CASTELLANOS, Judge Arthur M. SCHACK, Kings, Index No. 22375/2006 (11 May 2007)
In Deutsche Bank v CASTELLANOS, on May 11, 2007, Judge SCHACK denied an application for a judgment of foreclosure and sale due to the plaintiff's lack of standing.  Judge SCHACK noted that the foreclosure was commenced in July 2006 by Deutsche Bank.  After obtaining an order of reference (November 16, 2006) and after preparing an affirmation of regularity (January 10, 2007) and during the pendency of the action, Deutsche Bank seems to have assigned the mortgage to MTGLQ Investors, L.P. on January 19, 2007 (recorded February 7, 2007).  Judge SCHACK therefore denied the plaintiff's application for a judgment of foreclosure and sale without prejudice expressly inviting the Plaintiff to amend its pleadings to appropriately to correct the identity of the plaintiff. Judge SCHACK cites Gretchen Morgenson's April 6, 2007, New York Times article "Fair Game; Home Loans: A Nightmare Grows Darker" in his opinion.
 
Deutsche Bank v CASTELLANOS, Judge Arthur M. SCHACK, Kings, Index No. 22375/2006 (14 Jan 2008)
In Deutsche Bank v CASTELLANOS, on May 11, 2007, Judge SCHACK denied a renewed application for a judgment of foreclosure and sale due to the plaintiff's lack of standing (see case above).  He noted that the defects identified within his May 11, 2007, order remained unaddressed.  In addition, he noted the presence of a affidavit of merit executed by a Mr. Jeff RIVAS, who was identified as Deutsche Bank's "Vice President Default Timeline Management".  He then notes the presence of mortgage assignment within the files executed the same date which identifies Mr. Jeff RIVAS as the "Vice President Default Timeline Management" for Argent Mortgage Company, LLC, the assignor of a the mortgage to Deutsche Bank.  Judge SCHACK points out that if Mr. RIVAS was acting as an officer of both the grantor and the grantee of the assignment that this would create a conflict rendering the conveyance VOID.  Judge SCHACK then directs that Mr. RIVAS' employment history be clarified in any future application for a foreclosure order.  Judge SCHACK then goes on to note that Deutsche Bank and MTGLQ Investors, L.P. are also shown to share the same address at 1661 Worthington lioad, Suite 100, West Palm Beach, where suspicious transactions executed by one Scott ANDERSON seem to be occuring.  Judge SCHACK then also demands an explanation as to WHY so many corporations seem to be sharing the SAME suite in West Palm Beach.

Judge Arthur M. SCHACK is a Justice of the Supreme Court of New York for King County.  [See http://www.nycourtsystem.com/Applications/JudicialDirectory/Bio.php?ID=7029077 ]
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Four More Orders from Judge SCHACK
 
The following four additional orders by Judge Arthur M. SCHACK, of King, should be of interest:
 
Deutsche Bank v CLOUDEN, Judge Arthur M. SCHACK, Kings, Index No. 00277/2007 (18 Sep 2007)
In Deutsche Bank v CLOUDEN, Judge SCHACK denied an application for an order of reference due to the plaintiff's failure to demonstrate ownership of the mortgage for the subject property.  He also notes a defect in the affidavit of merit, which is NOT executed by an officer of the plaintiff in conformance with CPLR §3215(f).  Judge SCHACK finds an assignment from intermediate mortgagee Argent Mortgage Company LLC to Deutsche Bank to be defective in that it is executed by a Tamara PRICE who identifies herself as authorized agent of AMC Mortgage Services Inc. without giving any power of attorney or otherwise showing her authority to act on behalf of Argent.  The affidavit of merit is executed by a Rose C. LARA, who holds herself out to be an officer of AMC Mortgage Services Inc.  Judge SCHACK notes that AMC Mortgage Services Inc. seems to be holding itself out to be the agent of BOTH Deutsche Bank AND Argent Mortgage Company LLC.
 
Deutsche Bank v EZAGUI, Judge Arthur M. SCHACK, Kings, Index No. 03724/2007 (21 Dec 2007)
In Deutsche Bank v EZAGUI, Judge SCHACK denied an application for an order of reference due to the plaintiff's failure to demonstrate ownership of the mortgage for the subject property.  Judge SCHACK notes that in an affidavit in support of the application a Ms. Tamara PRICE identifies herself as the "Vice President" of Deutsche Bank while also showing herself to be the Vice President of AMC Mortgage Services, Inc.  Judge SCHACK orders Deutsche Bank to provide an affidavit within thirty days clarifying Ms. Tamara PRICE's employment history for the previous three years, as well as explaining WHY Deutsche Bank seems to have purchased a non-performing loan from Ameriquest and WHY Deutsche Bank and Ameriquest seem to be sharing office space with Ameriquest at 505 City Parkway West, Orange, CA 92868.
 
Deutsche Bank v GRANT, Judge Arthur M. SCHACK, Kings, Index No. 39192/2007 (25 Apr 2008)
In Deutsche Bank v GRANT, Judge SCHACK denied an application for an order of reference due to the plaintiff's failure to conform to the statute in furnishing an affidavit of merit from an officer of the plaintiff.  Judge SCHACK notes that the affidavit of merit is from a Leo S. ORTEGA, Jr., who is identified as the Vice President of Option One Mortgage, the entity which is purported to have sold this mortgage to Deutsche Bank.  But the affidavit is dated November 1, 2007, AFTER the purported assignment of this mortgage to Deutsche on October 22, 2007 (this assignment also contains an antedated effective date).  Judge SCHACK also notes that the assignment of the mortgage to Deutsche Bank seems to have occured AFTER the mortgage is asserted to have gone into default.
 
Deutsche Bank v HARRIS, Judge Arthur M. SCHACK, Kings, Index No. 39192/2007 (05 Feb 2008)
In Deutsche Bank v HARRIS, Judge SCHACK denied an application for an order of reference due to a number of troubling questions he has about the representations in the plaintiff's application.  Judge SCHACK is troubled (a) by the purported October 23, 2007, assignment to Deutsch Bank, (b) conflicting sworn accounts as to the identity and role of one Erica JOHNSON-SECK, (c) Deutsche Bank's purchase of what is represented to have been an already non-performing loan, and (d) the coinciding addresses shown for IndyMac Bank FSB, MERS, and Deutsche Bank.  Judge SCHACK notes that the assignment from MERS was executed by on Laura HESCOTT, Vice President of MERS.  Judge SCHACK expresses dismay that this assignment is purported to have been executed in Dakota County, Minnesota, when both the grantor and grantee are represented to be headquatered in Pasadena, California.  He goes on to note that the affidavit or merit was executed in Williamson County, Texas, rather than in Pasadena, California, despite the representation that Erica JOHNSON-SECK is shown to be a Vice President of Deutsche Bank.  Judge SCHACK orders Deutsche Bank to provide an affidavit within forty-five days showing the employment history of Erica JOHNSON-SECK for the previous three years.  He also demands an explanation as to WHY Deutsche and IndyMac Bank FSB are sharing office space in Pasadena and WHY Deutsche Bank is purchasing non-performing loans for the trust of which it is the trustee.  [Erica JOHNSON-SECK (b Apr 1973) is a resident of Wylie, Colin County, Texas.]  [Laura HESCOTT and the identified notary for the purported assignment James C. MORRIS are actually employees of FIS Foreclosure Solutions, Inc, of Mendota Heights, Dakota County, MN.]
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I had been endeavoring to systematically abstract all of Judge SCHACK's recent mortgage foreclosure decisions within this thread, but have been sidetracked by other commitments.  Nye Lavelle has recently identified two particularly significant recent cases in his posts:

"MUST READ ANOTHER GREAT SCHACK DECISION ON STANDING AND UNNAMED BENEFICIARIES TO TRUSTS" (Posted by Nye LAVELLE at 02:37 PM on Monday 07 Jul 2008)

http://websitetoolbox.com/tool/post/ssgoldstar/vpost?id=2824297

 

"MUST READ!!!!  NY Judge Dismisses Case WITH PREJUDICE Sua Sponte Without Borrower Answering Complaint & Calls Fraud On Court & To Sanction Lawyers!!!!" (Posted by Nye LAVELLE at 02:41 AM on Thursday 03 Jul 2008)

http://www.websitetoolbox.com/tool/post/ssgoldstar/vpost?id=2816632


In each of these cases, Justice SCHACK has disnissed a foreclosure case WITH PREJUDICE due to plaintiff misconduct.  As Nye observes, these are both singularly important cases and must reads for those seeking to keep abreast of the standing issue.

This post is intended as a linking finding aid to assist Forum participants in following Justice Arthur M. SCHACK's decisions.

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O -
Thank you Mr. Roper for all this work.

I like this part, if you find out any more please let us know.

Judge SCHACK notes that in an affidavit in support of the application a Ms. Tamara PRICE identifies herself as the "Vice President" of Deutsche Bank while also showing herself to be the Vice President of AMC Mortgage Services, Inc.  Judge SCHACK orders Deutsche Bank to provide an affidavit within thirty days clarifying Ms. Tamara PRICE's employment history for the previous three years, as well as explaining WHY Deutsche Bank seems to have purchased a non-performing loan from Ameriquest and WHY  Deutsche Bank and Ameriquest seem to be sharing office space with Ameriquest at 505 City Parkway West, Orange, CA 92868.

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William A. Roper, Jr. wrote:
Four More Orders from Judge SCHACK
 
The following four additional orders by Judge Arthur M. SCHACK, of King, should be of interest:
 
Deutsche Bank v CLOUDEN, Judge Arthur M. SCHACK, Kings, Index No. 00277/2007 (18 Sep 2007)
In Deutsche Bank v CLOUDEN, Judge SCHACK denied an application for an order of reference due to the plaintiff's failure to demonstrate ownership of the mortgage for the subject property.  He also notes a defect in the affidavit of merit, which is NOT executed by an officer of the plaintiff in conformance with CPLR §3215(f).  Judge SCHACK finds an assignment from intermediate mortgagee Argent Mortgage Company LLC to Deutsche Bank to be defective in that it is executed by a Tamara PRICE who identifies herself as authorized agent of AMC Mortgage Services Inc. without giving any power of attorney or otherwise showing her authority to act on behalf of Argent.  The affidavit of merit is executed by a Rose C. LARA, who holds herself out to be an officer of AMC Mortgage Services Inc.  Judge SCHACK notes that AMC Mortgage Services Inc. seems to be holding itself out to be the agent of BOTH Deutsche Bank AND Argent Mortgage Company LLC.
 
Deutsche Bank v EZAGUI, Judge Arthur M. SCHACK, Kings, Index No. 03724/2007 (21 Dec 2007)
In Deutsche Bank v EZAGUI, Judge SCHACK denied an application for an order of reference due to the plaintiff's failure to demonstrate ownership of the mortgage for the subject property.  Judge SCHACK notes that in an affidavit in support of the application a Ms. Tamara PRICE identifies herself as the "Vice President" of Deutsche Bank while also showing herself to be the Vice President of AMC Mortgage Services, Inc.  Judge SCHACK orders Deutsche Bank to provide an affidavit within thirty days clarifying Ms. Tamara PRICE's employment history for the previous three years, as well as explaining WHY Deutsche Bank seems to have purchased a non-performing loan from Ameriquest and WHY Deutsche Bank and Ameriquest seem to be sharing office space with Ameriquest at 505 City Parkway West, Orange, CA 92868.
 
Deutsche Bank v GRANT, Judge Arthur M. SCHACK, Kings, Index No. 39192/2007 (25 Apr 2008)
In Deutsche Bank v GRANT, Judge SCHACK denied an application for an order of reference due to the plaintiff's failure to conform to the statute in furnishing an affidavit of merit from an officer of the plaintiff.  Judge SCHACK notes that the affidavit of merit is from a Leo S. ORTEGA, Jr., who is identified as the Vice President of Option One Mortgage, the entity which is purported to have sold this mortgage to Deutsche Bank.  But the affidavit is dated November 1, 2007, AFTER the purported assignment of this mortgage to Deutsche on October 22, 2007 (this assignment also contains an antedated effective date).  Judge SCHACK also notes that the assignment of the mortgage to Deutsche Bank seems to have occured AFTER the mortgage is asserted to have gone into default.
 
Deutsche Bank v HARRIS, Judge Arthur M. SCHACK, Kings, Index No. 39192/2007 (05 Feb 2008)
In Deutsche Bank v HARRIS, Judge SCHACK denied an application for an order of reference due to a number of troubling questions he has about the representations in the plaintiff's application.  Judge SCHACK is troubled (a) by the purported October 23, 2007, assignment to Deutsch Bank, (b) conflicting sworn accounts as to the identity and role of one Erica JOHNSON-SECK, (c) Deutsche Bank's purchase of what is represented to have been an already non-performing loan, and (d) the coinciding addresses shown for IndyMac Bank FSB, MERS, and Deutsche Bank.  Judge SCHACK notes that the assignment from MERS was executed by on Laura HESCOTT, Vice President of MERS.  Judge SCHACK expresses dismay that this assignment is purported to have been executed in Dakota County, Minnesota, when both the grantor and grantee are represented to be headquatered in Pasadena, California.  He goes on to note that the affidavit or merit was executed in Williamson County, Texas, rather than in Pasadena, California, despite the representation that Erica JOHNSON-SECK is shown to be a Vice President of Deutsche Bank.  Judge SCHACK orders Deutsche Bank to provide an affidavit within forty-five days showing the employment history of Erica JOHNSON-SECK for the previous three years.  He also demands an explanation as to WHY Deutsche and IndyMac Bank FSB are sharing office space in Pasadena and WHY Deutsche Bank is purchasing non-performing loans for the trust of which it is the trustee.  [Erica JOHNSON-SECK (b Apr 1973) is a resident of Wylie, Colin County, Texas.]  [Laura HESCOTT and the identified notary for the purported assignment James C. MORRIS are actually employees of FIS Foreclosure Solutions, Inc, of Mendota Heights, Dakota County, MN.]
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Mr . Rroper.

Can you please explain how a "conduit" as sited in the case you have posted above can file claim. Thanks
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thanks for the cases on TAMARA PRICE


in April 2008 a Kowalski in Jacksonville, Florida deposed TAMARA PRICE .. have you seen the deposition?

I'm going to post this in another thread ... I need that deposition or an affidavit she's executed ..
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William A. Roper, Jr. wrote:
Four More Orders from Judge SCHACK
 
The following four additional orders by Judge Arthur M. SCHACK, of King, should be of interest:
 
Deutsche Bank v CLOUDEN, Judge Arthur M. SCHACK, Kings, Index No. 00277/2007 (18 Sep 2007)
In Deutsche Bank v CLOUDEN, Judge SCHACK denied an application for an order of reference due to the plaintiff's failure to demonstrate ownership of the mortgage for the subject property.  He also notes a defect in the affidavit of merit, which is NOT executed by an officer of the plaintiff in conformance with CPLR §3215(f).  Judge SCHACK finds an assignment from intermediate mortgagee Argent Mortgage Company LLC to Deutsche Bank to be defective in that it is executed by a Tamara PRICE who identifies herself as authorized agent of AMC Mortgage Services Inc. without giving any power of attorney or otherwise showing her authority to act on behalf of Argent.  The affidavit of merit is executed by a Rose C. LARA, who holds herself out to be an officer of AMC Mortgage Services Inc.  Judge SCHACK notes that AMC Mortgage Services Inc. seems to be holding itself out to be the agent of BOTH Deutsche Bank AND Argent Mortgage Company LLC.
 
Deutsche Bank v EZAGUI, Judge Arthur M. SCHACK, Kings, Index No. 03724/2007 (21 Dec 2007)
In Deutsche Bank v EZAGUI, Judge SCHACK denied an application for an order of reference due to the plaintiff's failure to demonstrate ownership of the mortgage for the subject property.  Judge SCHACK notes that in an affidavit in support of the application a Ms. Tamara PRICE identifies herself as the "Vice President" of Deutsche Bank while also showing herself to be the Vice President of AMC Mortgage Services, Inc.  Judge SCHACK orders Deutsche Bank to provide an affidavit within thirty days clarifying Ms. Tamara PRICE's employment history for the previous three years, as well as explaining WHY Deutsche Bank seems to have purchased a non-performing loan from Ameriquest and WHY Deutsche Bank and Ameriquest seem to be sharing office space with Ameriquest at 505 City Parkway West, Orange, CA 92868.
 
Deutsche Bank v GRANT, Judge Arthur M. SCHACK, Kings, Index No. 39192/2007 (25 Apr 2008)
In Deutsche Bank v GRANT, Judge SCHACK denied an application for an order of reference due to the plaintiff's failure to conform to the statute in furnishing an affidavit of merit from an officer of the plaintiff.  Judge SCHACK notes that the affidavit of merit is from a Leo S. ORTEGA, Jr., who is identified as the Vice President of Option One Mortgage, the entity which is purported to have sold this mortgage to Deutsche Bank.  But the affidavit is dated November 1, 2007, AFTER the purported assignment of this mortgage to Deutsche on October 22, 2007 (this assignment also contains an antedated effective date).  Judge SCHACK also notes that the assignment of the mortgage to Deutsche Bank seems to have occured AFTER the mortgage is asserted to have gone into default.
 
Deutsche Bank v HARRIS, Judge Arthur M. SCHACK, Kings, Index No. 39192/2007 (05 Feb 2008)
In Deutsche Bank v HARRIS, Judge SCHACK denied an application for an order of reference due to a number of troubling questions he has about the representations in the plaintiff's application.  Judge SCHACK is troubled (a) by the purported October 23, 2007, assignment to Deutsch Bank, (b) conflicting sworn accounts as to the identity and role of one Erica JOHNSON-SECK, (c) Deutsche Bank's purchase of what is represented to have been an already non-performing loan, and (d) the coinciding addresses shown for IndyMac Bank FSB, MERS, and Deutsche Bank.  Judge SCHACK notes that the assignment from MERS was executed by on Laura HESCOTT, Vice President of MERS.  Judge SCHACK expresses dismay that this assignment is purported to have been executed in Dakota County, Minnesota, when both the grantor and grantee are represented to be headquatered in Pasadena, California.  He goes on to note that the affidavit or merit was executed in Williamson County, Texas, rather than in Pasadena, California, despite the representation that Erica JOHNSON-SECK is shown to be a Vice President of Deutsche Bank.  Judge SCHACK orders Deutsche Bank to provide an affidavit within forty-five days showing the employment history of Erica JOHNSON-SECK for the previous three years.  He also demands an explanation as to WHY Deutsche and IndyMac Bank FSB are sharing office space in Pasadena and WHY Deutsche Bank is purchasing non-performing loans for the trust of which it is the trustee.  [Erica JOHNSON-SECK (b Apr 1973) is a resident of Wylie, Colin County, Texas.]  [Laura HESCOTT and the identified notary for the purported assignment James C. MORRIS are actually employees of FIS Foreclosure Solutions, Inc, of Mendota Heights, Dakota County, MN.]
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