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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Angelo
Here is another good case out of Kings county, with pertinent case law to defeat a boiler plate hearsay affidavit from the foreclosure mills. 

"Further, the business records exception only applies where "each participant in the chain producing the record, from the initial declarant to the final entrant, must be acting within the course of regular business conduct [and t]hus, not only must the entrant be under a business duty to record the event, but the informant must be under a contemporaneous business duty to report the occurrence to the entrant as well"(In re: Leon RR, 48 NY2d 117, 122-123 [1979]; see also Hochhauser v Electric Ins. Co., 46 AD3d 174, 179 [2d Dept 2007]). "[A]s a rule, the mere filing of papers received from other entities, even if they are retained in the regular course of business, is insufficient to qualify the documents as business records (People v Cratsley, 86 NY2d 81, 90 [1995][internal citations and quotation marks omitted])."


American Express Bank, FSB v Zweigenhaft 2013 NY Slip Op 50127(U)


http://www.nycourts.gov/reporter/3dseries/2013/2013_50127.htm
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Dave
Quote:
Here is another good case out of Kings county, with pertinent case law to defeat a boiler plate hearsay affidavit from the foreclosure mills.

"Further, the business records exception only applies where "each participant in the chain producing the record, from the initial declarant to the final entrant, must be acting within the course of regular business conduct [and t]hus, not only must the entrant be under a business duty to record the event, but the informant must be under a contemporaneous business duty to report the occurrence to the entrant as well"(In re: Leon RR, 48 NY2d 117, 122-123 [1979]; see also Hochhauser v Electric Ins. Co., 46 AD3d 174, 179 [2d Dept 2007]). "[A]s a rule, the mere filing of papers received from other entities, even if they are retained in the regular course of business, is insufficient to qualify the documents as business records (People v Cratsley, 86 NY2d 81, 90 [1995][internal citations and quotation marks omitted])."

American Express Bank, FSB v Zweigenhaft 2013 NY Slip Op 50127(U)

http://www.nycourts.gov/reporter/3dseries/2013/2013_50127.htm

Maybe Mr. Roper defense is true in New York, too!!!
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Angelo
Oh, THERE IS NO MAYBE'S ABOUT IT.......
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Kohler
I just see this after JJ post a link in "Is it still possible to win?"
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