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
Some key points.....

"The assignment of the subject mortgage and note to HSBC, by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS), in the instant foreclosure action is without legal authority. MERS never possessed the TAHER note it allegedly assigned to plaintiff HSBC. Thus, plaintiff HSBC lacked standing to commence the instant foreclosure action. Therefore, the assignment is defective and the instant action is dismissed with prejudice."

"...Therefore, plaintiff HSBC's President and Chief Executive Officer, Irene M. Dorner, its counsel, Frank M. Cassara, Esq., and his firm, Shapiro, DiCaro & Barak, LLC, will be given an opportunity to be heard why this Court should not sanction them for making a "frivolous motion," pursuant to 22 NYCRR §130-1.1"

It just keeps getting better and better, piece by piece!

http://www.nycourts.gov/reporter/3dseries/2011/2011_51208.htm

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Foley
The interesting thing about this judge is that he seems to want to follow the rule of law.  I don't see any personal agendas, biases or anything like that.  He takes the facts and evidence that is presented before him & wants to seem to use the state of New York statutes and case law and hold each party that is in his court room accountable to these standards.  He actually takes the time to look at the evidence and facts of the case as well.

I find this to be very odd since he makes harsh decisions against banks when the truth of the matter is over 60 million homeowners got together with a well orchestrated plan to try and screw the major players in the mortgage banking industry by trying to get free houses and not pay their respective mortgages.

You can take the same type of case here with the same evidence into a state such as California, and the judge would not only allow the foreclosure, he would sanction the homeowner for trying to delay the foreclosure.

This judge Schack must take a trip out to California and spend a day in a courtroom there to see how things are done.


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Bob Schmidt
Foley,

I don't post much anymore, while being a long time participant.  I am busy with the illegal foreclosure of our home.  While making payments, the servicer stopped depositing them, claimed default, foreclosed and later returned our payments. 

Not only was this an illegal act but the foreclosing entity had no equitable interest in our home.  (For the dimwitted (you), the entity did not have the legal right to foreclose.)

I guess I missed the meeting with the 59,999,999 other homeowners that planned this orchestrated plan to screw the major players in the banking industry.

Don't even bother with a reply.  The victims and the knowledgeable people on this forum, know exactly what and who you are.

Sorry folks, caught me on a rough day.

Best to all,
Bob & Stacy 


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Foley
So you didn't get the memo?
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Moose
Bob - I think Foley was trying to be sarcastic.

The interesting part of the ruling is the fact that the case was dismissed with prejudice because counsel failed to follow the court's orders - so no more bites at the apple for HSBC.

And of course, Ocwen's fingerprints are on this one:

Quote:
Christina Carter, who according to Mr. Cassara, "confirmed the factual accuracy and allegations set forth in the Complaint and any supporting affirmations filed with the Court, as well as the accuracy of the notarizations contained in the supporting documents filed therewith," is not an employee of HSBC, but a robosigner employed by OCWEN LOAN SERVICING, LLC [OCWEN], whose signature on legal documents has at least three variations; the MERS to plaintiff HSBC assignment of the subject mortgage and note was executed by Scott W. Anderson, a known robosigner and OCWEN employee, whose signature is reported to have appeared in at least four different variations on mortgage assignments; and, the instant affidavit of merit was executed by Margery Rotundo, another robosigner, OCWEN employee and self-alleged employee of various other banking entities.


When the going gets tough, the clever keep trying.

Moose


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FnDoomed
Every time I see one of these schack attacks I want to take the guy out and buy him a beer.  There aren't many judges as vocal about upholding the law as this one seems to be...



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Foley
"Bob - I think Foley was trying to be sarcastic. "

Trying?  Moose, as Yoda once said, "
Try not. Do... or do not. There is no try"
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Bob Schmidt
Foley,

I apologize.  Like I said, rough day. 

Best to all,
Bob & Stacy
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Foley
No worries brotha, keep up the fight.
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Moose
Bob Schmidt wrote:
Foley,

I apologize.  Like I said, rough day. 

Best to all,
Bob & Stacy


I thought so. Take care.

Moose
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William A. Roper, Jr.
It probably wouldn't hurt to put the precise style of the case and preliminary citation in this thread:

HSBC Bank USA, N.A. v Taher, 2011 NY Slip Op 51208(U) (NY Sup. Ct. Kings, July 1, 2011)

The case was decided by Justice Arthur SCHACK, of the New York Supreme Court for Kings County, New York.

The Plaintiff in this action is shown to be:

HSBC Bank USA, N.A., As Indenture Trustee for the Registered Noteholders Of Renaissance Home Equity Loan Trust 2007-2

 

The Defendant was: 

Ellen N. Taher


The servicer was:

OCWEN


The foreclosure mill law firm was:

Shapiro, Dicaro & Barak, LLC


This should improve search engine discoverability!
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Angelo

I'm going to try and get to the hearing next week.  I'll keep you all posted on how Schack hands them a new, you know what....

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William A. Roper, Jr.
Angelo:

Have you contacted your friends in the New York media?  It seems as though everyone I know is on vacation this week!

Other than the NY Times and NY Daily News, what do people read in Brooklyn?
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William A. Roper, Jr.
The New York Daily News seems to have picked up this story:

"NY Daily News: Supreme Court Justice Schack hits HSBC for 'frivolous motion' in foreclosure, asks boss to explain", by Juan Gonzalez (July 6, 2011)

http://www.nydailynews.com/money/2011/07/06/2011-07-06_wotta_bank_job_judge_hits_hsbc_for_frivolous_motion_in_foreclosure_asks_boss_to_.html


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William A. Roper, Jr.
Let me try that NY Daily News link again:

 

"NY Daily News: Supreme Court Justice Schack hits HSBC for 'frivolous motion' in foreclosure, asks boss to explain", by Juan Gonzalez (July 6, 2011)

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Angelo
Bill

I sent out a bunch of emails yesterday, we'll see what happens.  NY post, and the journal new are other papers in BK. 
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William A. Roper, Jr.
As Yogi Berra has said, it seems like deja vu all over again!  In checking the New York Post this evening, I noted that it was rather precisely a year ago when Kings County Justice Arthur M. Schack spanked U.S. Bank and the Steven Baum law firm.  Justice Schack has a very nice way of helping us celebrate Independence Day:

NY Post: "Homeowners' hero judge slaps US Bank" (July 5, 2010)
http://www.nypost.com/p/news/business/homeowners_hero_judge_slaps_us_bank_YgGzsiHiSMHVlRHDO71syH

 

(But I still haven't seen anything about last Friday's Taher decision!)

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William A. Roper, Jr.
We should probably crosslink the earlier Murphy decision by the Maine Supreme Court:

HSBC Mortgage Services, Inc. v. Murphy, No. And-10-90, 2011 ME 59; 2011 Me. LEXIS 59 (Me. 2011)
http://scholar.google.com/scholar_case?case=3148923571068868707

And also link our discussion thread celebrating Nick Timoraos' WSJ story on the Murphy decision:

Maine High Court Overturns Foreclosure, Cites ‘Untrustworthy’ Paperwork

http://ssgoldstar.websitetoolbox.com/post?id=5279480

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William A. Roper, Jr.

I have posted the MERS to HSBC Assignment from the Taher case at Scribd:


http://www.scribd.com/doc/59498494/HSBC-v-Taher-MERS-Assignment-to-HSBC-16-Feb-2009


This assignment, shown to have been executed by Scott W. Anderson, an employee of OCWEN, on February 16, 2009, was recorded on August 6, 2009 with CFRN 2009042200303001.

Note that this assignment purports to convey MERS' interest in the mortgage "TOGETHER with the bond or note(s) or obligation(s) described or referred to, in said mortgage and the moneys due and to grow due thereon, with the interest and attorney's fees and all other charges . . ."

Compare the representations in the assignment with MERS' representations to the Nebraska Supreme Court in its Appellant's Brief in the case MERS v. Nebraska Department of Banking and Finance:

http://www.scribd.com/doc/40664635/MERS-Appellants-Brief-MERS-v-Nebraska-Dept-of-Banking-Filed-15-Oct-2004

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William A. Roper, Jr.
The Weisblum and Silverberg decisions were central to the holding by Justice Schack in his Taher decision.  See the related threads:

Major NY Appellate Decision handed down Aurora Loan Services v. Weisblum

http://ssgoldstar.websitetoolbox.com/post?id=5267191

 

MERS goes down for real in NY, Bank of N.Y. v Silverberg

http://ssgoldstar.websitetoolbox.com/post?id=5349630

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William A. Roper, Jr.
Scot Paltrow of Reuters has written a story which has been picked up by CNBC.  No doubt, with Reuters' reach, this story will appear in many other publications:

CNBC: "HSBC Bank USA CEO may face sanctions in foreclosure", by Scot J. Paltrow (July 9, 2011)

http://classic.cnbc.com/id/43674006


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William A. Roper, Jr.
Housing Wire has finally picked up on the Taher case:

Housing Wire: "NY judge wants HSBC CEO to explain bank's foreclosure actions", by Kerri Panchuk (July 8, 2011)
http://www.housingwire.com/2011/07/08/ny-judge-wants-hsbc-ceo-to-explain-banks-foreclosure-actions

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Texas
Thanks for the assignment Roper.

I like Kerri Panchuk.

See the JPG files of the assignment for comments.

Click image for larger version - Name: HSBC-v-Taher-MERS-Assignment-to-HSBC-16-Feb-2009_Page_1.jpg, Views: 33, Size: 860.98 KB Click image for larger version - Name: HSBC-v-Taher-MERS-Assignment-to-HSBC-16-Feb-2009_Page_2.jpg, Views: 16, Size: 384.44 KB Click image for larger version - Name: HSBC-v-Taher-MERS-Assignment-to-HSBC-16-Feb-2009_Page_3.jpg, Views: 28, Size: 639.19 KB Click image for larger version - Name: HSBC-v-Taher-MERS-Assignment-to-HSBC-16-Feb-2009_Page_4.jpg, Views: 21, Size: 548.28 KB Click image for larger version - Name: HSBC-v-Taher-MERS-Assignment-to-HSBC-16-Feb-2009_Page_5.jpg, Views: 19, Size: 299.51 KB
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