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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Sandy
I need help in locating a case  (NYC Judge Dana Winslow), who testified at a congressional hearing Dec. 2, 2010. About one of the case examples she gave in her testimony, she said:

“Wife signed Mortgage but not Note.” I held the Plaintiff Mortgagee must provide at a minimum, an explanation, without such explanation there would be DISMISSAL.

Demonstrates DUAL PROBLEM:

First there is no conformity with the Recording Act. (Mortgage does not match the underlying debt obligation); and second, it allows the Lender to issue Mortgages with knowledge that one of the “homeowners” is not credit worthy, and to show overstated income or payment requirements on the closing statement of the loan..."

Comments about this would be appreciated. Does bad credit of one "homeowner" somehow make this different from the same scenario with both homeowners having excellent credit? I'm not sure why she specifically noted that the non-signing homeowner was not credit worthy--or how she knew, for that matter. Perhaps she simply gave that detail as an example.




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Sandy
I just learned that Judge Winslow is a New York State Supreme Court Justice, which I failed to mention correctly.
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Here are 8 cases "dana winslow foreclosure dismissed" out of NY...

2010 NY Slip Op 33724 - NY: Supreme Court, 2010 - Google Scholar ... No: 5, Mot. Seq. No: 6. Supreme Court, Nassau County. December 23, 2010. F. DANA WINSLOW, Judge. ... ORDERED, that the case is dismissed by this Court sua sponte under CPLR �5015 (a) to avoid a collateral attack on the prior foreclosure judgment; it is further. ...
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2010 NY Slip Op 51259 - NY: Supreme Court, 2010 - Google Scholar ... them is granted to the extent that the fifth (prima facie tort) and sixth (unjust enrichment) causes of action are dismissed, and is ... The Court also considers it worthy of note that there were two prior foreclosure actions here, under two other index numbers, which ... Dana Winslow. ... Related articles
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2009 NY Slip Op 30401 - NY: Supreme Court, 2009 - Google Scholar ... F. DANA WINSLOW, Judge ... In essence, plaintiff claims that defendant's negligence and failure to "perfect" the foreclosure resulted in losses to plaintiff in an ... On or about April 14, 2004, a Stipulation and Dismissal With Prejudice and Without Costs was executed, which reflected a ... Related articles
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2008 NY Slip Op 32412 - NY: Supreme Court, 2008 - Google Scholar ... F. DANA WINSLOW, Judge. ... to challenge the resolution within the prescribed period of limitations and failed to do so, it is foreclosed from challenging ... to Article 78 of the CPLR annulling the determination of the respondent Board is denied and the petition is hereby dismissed. ... Related articles
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2008 NY Slip Op 31202 - NY: Supreme Court, 2008 - Google Scholar ... F. DANA WINSLOW, Justice. ... this Court held, among other things, that although the plaintiff was not made a party to the previous foreclosure proceeding, issues of ... serve her demands for discovery and inspection no later than May 10, 2007 (Galea Opp., Exh., "1"; Winslow, J., PC ... Related articles
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2007 NY Slip Op 51625 - NY: Supreme Court, 2007 - Google Scholar ... F. DANA WINSLOW, J. ... that there existed a possibility of coverage at that time, that possibility was wholly unrelated to, and was not foreclosed by reason of ... th the Second and Third causes of action attribute the loss of excess coverage to said omission, they must be dismissed. ... Related articles
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2007 NY Slip Op 51928 - NY: Dist. Court, Nassau County, 1st Dist., 2007 - Google Scholar ... F. Dana Winslow dated December 31, 2006 ... made a party or defendant in any action brought for the foreclosure of any other lien or foreclosure against the ... ORDERED, that the Complaint is dismissed as to the Lucchese Defendants and the Plaintiff's mechanic's lien and Notice of ... Related articles
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6 Misc. 3d 836, 791 NYS 2d 292 - NY: Supreme Court, 2004 - Google Scholar ... F. DANA WINSLOW, J. ... plaintiff's cause of action for malicious prosecution accrues, not upon the prosecution itself, but upon the dismissal of the ... Those who lack resources for such an undertaking would be foreclosed from any remedy, notwithstanding the ultimate determination ... Cited by 2 - Related articles
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Sandy
Thank you SO much for your time in getting these to me. I can hardly wait to check each case.

The BEST to you!


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William A. Roper, Jr.
Sandy:

Bear in mind that the cases shown are published cases.  Many unpublished decisions and orders can be found by seaching the NY eCourts website under the WebCivil Supreme choice:

http://iapps.courts.state.ny.us/webcivil/FCASMain


Choose "Document Search" and then use the button to "Search for Text in Online Decisions".

Search terms might include "mortgage and foreclosure and winslow".  At the date and time of this post, that yields 139 documents.  Add some additional search keys relevant to the case you are looking for to get the number to a manageable number.
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