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 twelve orders by Judge Donald Scott KURTZ, of Kings, should be of interest (the orders are substantially identical and deal mostly with assignment antedating):
 
Bank of NY NA v SINGH, Judge Donald Scott KURTZ, Kings County, Index No. 22434/2007 (14 Dec 2008)
In the case Bank of NY NA v SINGH, Judge KURTZ denies a reference order by the plaintiff in a case wherein the plaintiff pleads a mortgage assignment from MERS to Bank of New York executed on June 28, 2007, containing an antedated "effective date" (May 31, 2007) seeking to unilaterally shift the effective date of the transaction to a date prior to commencement of the suit (June 20, 2007).  Judge KURTZ states, "However, such an attempt to retroactivel) assign the mortgage is insufficient to establish plaintiffs ownership interest at the time the action was commenced."  Citing Countrywide Home Loans, Inc. v. Taylor, 17 Misc3d 595 (Sup. Ct. Suffolk Co. 2007).  Judge KURTZ therefore dismissed the complant sua sponte for lack of standing.
 
Deutsche Bank v RYAN, Judge Donald Scott KURTZ, Kings County, Index No. 33315/2007 (29 Jan 2008)
In the case Deutsche Bank v RYAN, Judge KURTZ using substantially similar language to the SINGH case denies a reference order by the plaintiff and then dismisses for lack of standing in a case wherein the plaintiff pleads a mortgage assignment from Washington Mutual Bank to Deutsche Bank executed on September 21, 2007, containing an antedated "effective date" (July 30, 2007) seeking to unilaterally shift the effective date of the transaction to a date prior to commencement of the suit (August 31, 2007).
 
Deutsche Bank v SAMPSON, Judge Donald Scott KURTZ, Kings County, Index No. 26320/2007 (16 Jan 2008)
In the case Deutsche Bank v SAMPSON, Judge KURTZ using substantially similar language to the SINGH and RYANcases denies a reference order by the plaintiff and then dismisses for lack of standing in a case wherein the plaintiff pleads a mortgage assignment from MERS to Deutsche Bank executed on August 10, 2007, containing an antedated "effective date" (June 22, 2007) seeking to unilaterally shift the effective date of the transaction to a date prior to commencement of the suit (July 18, 2007).
 
GMAC Mortgage LLC v MATTHEWS, Judge Donald Scott KURTZ, Kings County, Index No. 30064/2007 (10 Jan 2008)
In the case GMAC Mortgage LLC v MATTHEWS, Judge KURTZ using substantially similar language to the SINGH, RYAN and SAMPSON cases above denies a reference order by the plaintiff and then dismisses for lack of standing in a case wherein the plaintiff pleads a mortgage assignment from MERS to GMAC Mortgage LLC executed on August 15, 2007, containing an antedated "effective date" (July 9, 2007) seeking to unilaterally shift the effective date of the transaction to a date prior to commencement of the suit (August 14, 2007).
 
IndyMac Bank FSB v RODNEY-ROSS, Judge Donald Scott KURTZ, Kings County, Index No. 24713/2007 (15 Jan 2008)
In the case IndyMac Bank FSB v RODNEY-ROSS, Judge KURTZ using substantially similar language to the SINGH, RYAN, SAMPSON, and MATHEWS cases above denies a reference order by the plaintiff and then dismisses for lack of standing in a case wherein the plaintiff pleads a mortgage assignment from MERS to IndyMac Bank FSB executed on July 11, 2007, containing an antedated "effective date" (June 1, 2007) seeking to unilaterally shift the effective date of the transaction to a date prior to commencement of the suit (July 6, 2007).
 
LaSalle Bank NA v CHARLEUS, Judge Donald Scott KURTZ, Kings County, Index No. 22733/2007 (03 Jan 2008)
In the case LaSalle Bank NA v CHARLEUS, Judge KURTZ using substantially similar language to the cases above denies a reference order by the plaintiff and then dismisses for lack of standing in a case wherein the plaintiff pleads a mortgage assignment from MERS to LaSalle Bank NA executed on July 2, 2007, containing an antedated "effective date" (June 21, 2007) seeking to unilaterally shift the effective date of the transaction to a date prior to commencement of the suit (June 22, 2007).  Isn't that convenient?
 
LaSalle Bank NA v SMALLS, Judge Donald Scott KURTZ, Kings County, Index No. 28128/2007 (03 Jan 2008)
In the case LaSalle Bank NA v SMALLS, Judge KURTZ using substantially similar language to the cases above denies a reference order by the plaintiff and then dismisses for lack of standing in a case wherein the plaintiff pleads a mortgage assignment from Option One Mortgage to LaSalle Bank NA executed on August 22, 2007, containing an antedated "effective date" (June 25, 2007) seeking to unilaterally shift the effective date of the transaction to a date prior to commencement of the suit (July 31, 2007).
 
PHH Mortgage Corp v BARBER, Judge Donald Scott KURTZ, Kings County, Index No. 36690/2007 (15 Jan 2008)
In the case PHH Mortgage Corp v BARBER, Judge KURTZ using substantially similar language to the cases above denies a reference order by the plaintiff and then dismisses for lack of standing in a case wherein the plaintiff pleads a mortgage assignment from MERS to PHH Mortgage Corp. executed on October 4, 2007, when the date of the commencement of the suit is shown to have been October 2, 2007.  In this case, there is no allegation of antedating, rather only an assignment that was clearly executed AFTER the commencement of the suit, as in the Ohio Federal District Court dismissals.
 
US Bank NA v AUGUSTE, Judge Donald Scott KURTZ, Kings County, Index No. 18695/2007 (27 Nov 2007)
In the case US Bank NA v AUGUSTE, Judge KURTZ using substantially similar language to the cases above denies a reference order by the plaintiff and then dismisses for lack of standing in a case wherein the plaintiff pleads a mortgage assignment from MERS to US Bank NA executed on July 9, 2007, containing an antedated "effective date" (November 22, 2006) seeking to unilaterally shift the effective date of the transaction to a date prior to commencement of the suit (May 24, 2007).  It is noteworthy that this is one of the more eggregious FABRICATIONS.  The asserted "effective date" in this instance PREDATES the creation date of the CSMC Mortgage-Backed Trust 2007-1! (See http://www.sec.gov/Archives/edgar/data/802106/000116231807000138/m0146_424b5.htm 
 
US Bank NA v GRANT, Judge Donald Scott KURTZ, Kings County, Index No. 11133/2007 (14 Dec 2007)
In the case US Bank NA v GRANT, Judge KURTZ using substantially similar language to the cases above denies a reference order by the plaintiff and then dismisses for lack of standing in a case wherein the plaintiff pleads a mortgage assignment from Option One Mortgage to US Bank NA executed on April 5, 2007, containing an antedated "effective date" (March 28, 2007) seeking to unilaterally shift the effective date of the transaction to a date prior to commencement of the suit (April 2, 2007).
 
US Bank NA v VILLARUEL, Judge Donald Scott KURTZ, Kings County, Index No. 25277/2007 (01 Feb 2008)
In the case US Bank NA v VILLARUEL, Judge KURTZ using substantially similar language to the cases above denies a reference order by the plaintiff and then dismisses for lack of standing in a case wherein the plaintiff pleads a mortgage assignment from MERS to US Bank NA executed on August 3, 2007, containing an antedated "effective date" (June 10, 2007) seeking to unilaterally shift the effective date of the transaction to a date prior to commencement of the suit (July 11, 2007).
 
Wells Fargo Bank NA v HAMPTON, Judge Donald Scott KURTZ, Kings County, Index No. 25957/2007 (03 Jan 2008)
In the case Wells Fargo Bank NA v HAMPTON, Judge KURTZ using substantially similar language to the cases above denies a reference order by the plaintiff and then dismisses for lack of standing in a case wherein the plaintiff pleads a mortgage assignment from MERS to Wells Fargo Bank NA executed on August 1, 2007, containing an antedated "effective date" (June 10, 2007) seeking to unilaterally shift the effective date of the transaction to a date prior to commencement of the suit (July 16, 2007).
 
Isn't it REMARKABLE how all of these various ORIGINAL MORTGAGEE's simultaneously got the idea to begin ANTEDATING the "effective dates" of assignments after several cases were dismissed due to lack of standing?
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Nye Lavalle
great work Bill Like the Micky D;s commercial says... "I'm living it!"
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nye Lavalle
ooops Loving it! lol
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Judge Donald Scott KURTZ dismissed three additional cases due to assignment antedating and lack of standing on May 21, 2008.  Abstracts of those three cases are shown below:

Deutsche Bank v Yobanna CRUZ, Judge Donald Scott KURTZ, Kings County, Index No. 02085/2007 (21 May 2008)
In the case Deutsche Bank v Yobanna CRUZ, Judge KURTZ denies an application for a judgment of foreclosure and order of sale by the plaintiff in a case wherein the plaintiff pleads a mortgage assignment from Long Beach Mortgage Company executed on January 28, 2007, containing an antedated "effective date" (January 12, 2007) seeking to unilaterally shift the effective date of the transaction to a date prior to commencement of the suit (January 17, 2007).  It is noteworthy that this is a particularly early case of identified assignment antedating.  The plaintiff SUES.  Then the plaintiff notices that it failed to TIMELY FABRICATE its FORGED EVIDENCE of assignment.  The plaintiff simply creates a FALSE effective date which is inserted into the fabricated assignment which SEEKS TO MISLEAD THE COURT and GIVES THE APPEARANCE OF A TRANSFER OF INTEREST PRIOR TO THE COMMENCEMENT OF SUIT.  Judge KURTZ dismissed the plaintiff's complaint sua sponte for lack of standing and gives good authority for his decision.
 
Deutsche Bank v Benjamin CRUZ, Judge Donald Scott KURTZ, Kings County, Index No. 31645/2006 (21 May 2008)
In the case Deutsche Bank v Benjamin CRUZ, Judge KURTZ denies an application for a judgment of foreclosure and order of sale by the plaintiff in a case wherein the plaintiff pleads a mortgage assignment from Long Beach Mortgage Company executed on October 27, 2006apparently containing an antedated "effective date" (date not identified) seeking to unilaterally shift the effective date of the transaction to a date prior to commencement of the suit (October 18, 2006).  It is noteworthy that this is a particularly early case of identified assignment antedating.  Judge KURTZ dismissed the plaintiff's complaint sua sponte for lack of standing and gives good authority for his decision.
 
Deutsche Bank v NICHOLLS, Judge Donald Scott KURTZ, Kings County, Index No. 02248/2007 (21 May 2008)
In the case Deutsche Bank v NICHOLLS, Judge KURTZ denies an application for a judgment of foreclosure and order of sale by the plaintiff in a case wherein the plaintiff pleads a mortgage assignment from Long Beach Mortgage Company executed on January 24, 2007, containing an antedated "effective date" (January 17, 2007) seeking to unilaterally shift the effective date of the transaction to a date prior to commencement of the suit (January 18, 2007).    In this case, the missing assignment isn't noticed for a weeks, so the assignment is antedated to ONE DAY PRIOR to the commencement of action.  Of course, IT IS HIGHLY UNLIKELY THAT ANYTHING REALLY ACTUALLY HAPPENED THE DAY BEFORE THE COMMENCEMENT.  The assignment is most likely a bald forgery which bears no relationship to any actual transaction between the indicated parties and CONVEYED NOTHING.  But on the strength of this bald forgery inclusive of an antedated effective date, the plaintiff seeks to establish its standing to sue in NY Courts.  Judge KURTZ dismissed the plaintiff's complaint sua sponte for lack of standing and gives good authority for his decision.
 
I have forwarded these orders to the MS Fraud site administrators for posting.
 
You can also retrieve and view these cases directly from either the NY Unified Court System eCourts Decision Search facility at -- http://decisions.courts.state.ny.us/search/query3.asp -- using keywords "Kings AND mortgage AND 2008 AND KURTZ".  Alternatively, these cases can also be retrieved using the NY Unified Court System eCourts WebCivil Supreme Search facility at http://iapps.courts.state.ny.us/webcivil/FCASSearch? using the indicated parties or Index Number. 
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