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.
Articles |The FORUM |Law Library |Videos | Fraudsters & Co. |File Complaints |How they STEAL |Search MSFraud |Contact Us
The following seven orders by Judge Sylvia O. HINDS-RADIX, of Suffolk, should be of interest:
 
Bayview Loan Services Inc v THEISSEN, Justice Sylvia HINDS-RADIX, Kings, Index No. 41164/2007 (12 May 2008)
In Bayview Loan Services Inc v THEISSEN, Justice HINDS-RADIX denies an unopposed application for an order of reference based upon the plaintiff's failure to have a certificate of conformity accompany the out of state authentication of the affidavit of merit.  She also points out that the non-military affidavit was premature (the affidavit needed to show a lack of military service at the time of the application for default rather than merely at the date of filing of the suit).  Justice HINDS-RADIX therefore denied the application with leave to renew.
 
Deutsche Bank v ASHTON, Justice Sylvia HINDS-RADIX, Kings, Index No. 37437/2007 (26 Feb 2008)
In Deutsche Bank v ASHTON, an earlier decision by Justice HINDS-RADIX, the Justice reached a decision substantially similar to the order in Bayview Loan Services Inc v THEISSEN, above.  She denies an unopposed application for an order of reference based upon the plaintiff's failure to have a certificate of conformity accompany the out of state authentication of the affidavit of merit by Laura HESCOTT.  She also points out that the non-military affidavit was premature.  Justice HINDS-RADIX therefore denied the application with leave to renew.
 
Deutsche Bank v BUXBAUM, Justice Sylvia HINDS-RADIX, Kings, Index No. 25275/2007 (12 Dec 2007)
In Deutsche Bank v BUXBAUM, Justice HINDS-RADIX denies an unopposed application for an order of reference due to a premature non-military affidavit.  Justice HINDS-RADIX therefore denied the application with leave to renew.
 
Deutsche Bank v VICTORIA, Justice Sylvia HINDS-RADIX, Kings, Index No. 15265/2007 (22 Feb 2008)
In Deutsche Bank v VICTORIA, Justice HINDS-RADIX denies an unopposed application for a default and an order of reference based upon the plaintiff's failure to have a certificate of conformity accompany the out of state authentication of the affidavit of merit.  She also points out that this case was commenced with the filing of the complaint on May 2, 2007, and service shown to have taken palce on May 7, 2007, while the assignment from Legacy Mortgage, Inc. to Deutsche Bank NA was dated May 21, 2007 (lack of plaintiff standing).  Justice HINDS-RADIX therefore denied the application.
 
MERS v GOODEN, Justice Sylvia HINDS-RADIX, Kings, Index No. 27935/2005 (13 May 2008)
In MERS v GOODEN, Justice HINDS-RADIX denies an unopposed application for a default and an order of reference based upon the plaintiff's failure to have a certificate of conformity accompany the out of state authentication of the affidavit of merit by John ANDERSON.  She also points out that the non-military affidavit was premature.  In addition, she cites a failure to provide an affidavit of mailing pursuant to CPLR 3215.  Justice HINDS-RADIX therefore denied the application with leave to renew.  NOT noted is the rather fundamental fact that MERS never owns the promissory note and absolutely lacks requisite standing to institute suit.
 
National City Mortgage v CATALDO, Justice Sylvia HINDS-RADIX, Kings, Index No. 37855/2004 (13 May 2008)
In National City Mortgage v CATALDO, Justice HINDS-RADIX denies an unopposed application for judgment of foreclosure based upon the plaintiff's failure to have a certificate of conformity accompany the out of state authentication of the affidavit of merit.  She also points out that the non-military affidavit was premature (this affidavit was dated Dec 2004 and was more than three years old).  Justice HINDS-RADIX therefore denied the requested relief.
 
US Bank NA v FERRA, Justice Sylvia HINDS-RADIX, Kings, Index No. 15341/2007 (20 Mar 2008)
In US Bank NA v FERRA, Justice HINDS-RADIX denies an unopposed application for an order of reference based upon the plaintiff's failure to have a certificate of conformity accompany the out of state authentication of the affidavit of merit by John SHELLEY of Utah.  She also points out that this case was commenced prior to the excution of the August 6, 2007, assignment to the plaintiff (the fabricated assignment had a purported effective date of March 30, 2007).  She also points out that the non-military affidavit was premature.  Justice HINDS-RADIX therefore denied the application.
 
US Bank NA v SIMONS, Justice Sylvia HINDS-RADIX, Kings, Index No. 21676/2007 (25 Feb 2008)
In US Bank NA v SIMONS, Justice HINDS-RADIX signed an Order To Show Cause on February 25, 2008, setting a hearing for March 6, 2008, on the defendant's motion to set aside a default order of reference dated 11 Dec 2007.  I am unaware of the disposition of the matter following that scheduled hearing.
 
WMC Mortgage v THOMPSON, Justice Sylvia HINDS-RADIX, Kings, Index No. 14883/2007 (22 Jan 2008)
In WMC Mortgage v THOMPSON, Justice HINDS-RADIX denies an unopposed application for a default and an order of reference due to a premature non-military affidavit dated 15 May 2007.  She also identifies a service defect in the plaintiff's failure to serve the notice required by RPAPL 1303.  Justice HINDS-RADIX therefore denied the requested relief.
 
While these cases are only minimally instructive as to various means of NY foreclosure defense, they are illustrative of the extent to which Kings County jurists are now nenying any relief on a sua sponte basis as they scrutinizre the plaintiff's pleadings and find these to be unifromly defective!
 
Judge Sylvia O. HINDS-RADIX is a Justice of the Supreme Court of New York for Kings County (Brooklyn).  [See http://www.nycourtsystem.com/Applications/JudicialDirectory/Bio.php?ID=7029854 ]
 
* * *
 
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 HINDS" (you will also find OTHER CASES I have NOT YET ABSTRACTED).  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. 
Quote 0 0
From a MSFraud point of view, I think placing a burden of proof on the plaintiff prior to actually filing their case is an attitude that any reasonable
person would not see as an overly burdensome requirement.

Hopefully, the judges around the country are now persuaded to actually
make these MSFraud cases subject to a burden of proof before they can
file it rather than rubber stamp everything they see filed before them.

Ann's post in another thread, shows particular Ohio judges clarifying
filing requirements under the Rules of Practice and Procedure in their courts
is you'd better be able to prove you have standing to file foreclosure cases.

They have also laid the foundation for the borrower to submit their own
accounting v the servicer's accounting.

Since the accounting is required by the court, it should prove interesting
the first time a borrower beats their brains out with proof in the form
of cancelled checks and if possible a forensic CPA accounting of your loan
that points out all the mistakes made by the servicer.  These mistakes
by the servicer which lands a borrower into an unjustified default and subsequent foreclosure.

But that is Ohio and it is just a hope that other states will address this
accounting part. 


Quote 0 0
Nye Lavalle
Great work again Bill, I only have ONE very MAJOR disagreement with your analysis!

You say "unifromly defective" when you should say "uniformly fraudulent!:
Quote 0 0

CORRECTION:  All, please note that the Message SUBJECT, which shows Judge Sylvia O. HINDS-RADIX to a be a Justice of the Suffolk County Supreme Court is INCORRECT.  Other indications WITHIN the post which reflect her position on the Kings County Supreme Court ARE CORRECT.  I apologize to the Justice and to ALL for this ERROR! 

Quote 0 0
Write a reply...