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 seven orders by Judge Ralph F. COSTELLO, of Suffolk, should be of interest:

Bank of NY NA v TORRES, Judge Ralph F. COSTELLO, Suffolk, Index No. 31714-2006
In Bank of NY NA v TORRES, on March 11, 2008, Judge COSTELLO denied a plaintiff motion for reference based upon "plaintiff's failure to demonstrate its ownership of the note and mortgage sufficient to convey standing".  However, Judge COSTELLO does NOT further elaborate as to the nature of the defect.
 
Countrywide Mortgage v BERLIUK, Judge Ralph F. COSTELLO, Suffolk, Index No. 19240-2007
In Countrywide Mortgage v BERLIUK, Judge COSTELLO denied a plaintiff's application for appointment of a referee citing several defects in the plaintiff's case.  These included service defects and failure to prove ownership of the promissory note and mortgage.  The order noted absence of "proof of the assignment by the lender Midfirst Bank to MERS who assigned the note and mortgage to the plaintiff" and "submission of an assignment with an amorphous effective date 'on or before' the commencement of the case that was actually signed after the date of commencement".  The former suggests that the asssinment included language assigning the PROMISSORY NOTE from MERS to the plaintiff, even though MERS NEVER OWNS the promissory note.  The latter is reflective of the use of antedated assignment "effective dates" to belatedly prove ownership of the mortgage.
 
Deutsche Bank v ALEMANY, Judge Ralph F. COSTELLO, Suffolk, Index No. 11677-2007
In Deutsche Bank v ALEMANY, Judge COSTELLO denies an application for an Order of Reference due to failure of the plaintiff to prove ownership of the note and mortgage (standing) and the use of an affidavit of reference by the servicer rather than the party [CPLR §3215(f)].  This latter defect is a matter elaborated upon in thoughtful opinions by Judge SCHACK (forthcoming).  The order does not elaborate on teh nature of the noted defect.
 
Deutsche Bank v CABAROY, Judge Ralph F. COSTELLO, Suffolk, Index No. 09245-2007
In Deutsche Bank v CABAROY, denies an application for an Order of Reference due to failure of the plaintiff to prove ownership of the note and mortgage (standing).  The order does not elaborate on the specific nature of the noted defect.
 
GMAC Mortgage LLC v SERAFINE, Judge Ralph F. COSTELLO, Suffolk, Index No. 01818-2007
In GMAC Mortgage LLC v SERAFINE, Judge COSTELLO denies an application for an Order of Reference due to service failures and otherwise unspecified failure of the plaintiff to prove ownership of the note and mortgage (standing).  The order does not elaborate on the specific nature of the noted defect.
 
HSBC Bank USA NA v CIPRIANI, Judge Ralph F. COSTELLO, Suffolk, Index No. 12365-2007
In HSBC Bank USA NA v CIPRIANI, Judge COSTELLO denies an application for an Order of Reference due to failure of the plaintiff to prove ownership of the note and mortgage (standing) and the use of an affidavit of reference by the servicer rather than the party [CPLR §3215(f)].  This order is substantially similar to Judge COSTELLO's terse order in Deutsche Bank v ALEMANY.
 
HSBC Bank USA NA v JACK, Judge Ralph F. COSTELLO, Suffolk, Index No. 14750-2007
In HSBC Bank USA NA v JACK, Judge COSTELLO denies an application for an Order of Reference due to lack of "proof of plaintiffs standing to bring this action" without further elaboration.
 
Judge Ralph F. COSTELLO is a Justice of the Supreme Court of New York for Suffolk County.  [See http://www.nycourtsystem.com/Applications/JudicialDirectory/Bio.php?ID=7023880 ]
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