CASE IN POINT: FORECLOSURE MILLS, JUDICIAL FRAUD, CONSUMER EXPLOITATION, GOVERNMENT SHAMS (an abstract)

Submitted by Jose Semidey

CASE IN POINT: FORECLOSURE MILLS, JUDICIAL FRAUD, CONSUMER EXPLOITATION, GOVERNMENT SHAMS (an abstract)

Unscrupulous foreclosure mill activities are more criminally exploitive than what becomes reported –not only in Florida. Appalling collection abuses have resulted in mill lawyers (or their affiliates) obtaining ownership of fraudulently foreclosed properties via purported bids at “simulated” auctions. Certain fraudulently auctioned properties become “flipped” illegally to Freddie Mac. Some mill lawyers file into court records fee-making pleadings (summary judgments, etc) when Freddie Mac is not party to cases, and they bill $$$$ fees pretending to represent Freddie Mac. As manifest throughout my http://www.lawgrace.org website, mills have cooperation and applause of federal and state courts.

Through falsified Bankruptcy Court pleadings, some foreclosure mill lawyers wrongfully, illegally impede homeowners’ restructuring debts, and discovery of the actual owners of mortgage notes. Such lawyers file falsified bankruptcy “Lift Stay” motions in names of either defunct lenders or lenders with no ownership of property notes. To the contrary, bankruptcy “lift stays” should not be granted where there’s no “standing” since “ranking” and “secured debt” factors come into play. False bankruptcy pleadings not only help illegal property repossessions, any other creditors whom debtors owe, becomes deprived wrongfully of entitled shares of proceeds from those auction frauds; and ILLEGITIMATE “deficiency judgments” ; and third party debt-buyers seeking money after unfairly low bids resulted in large debt balances are also problems.

Plus, foreclosure mills work in concert with Wells Fargo. Among other things, Wells Fargo has tax advantage from fraudulent foreclosure proceedings after placing distressed homeowners’ names / social security numbers on false IRS (acquisition) form 1099-A’s, even when no lawful “acquisition” of properties occurred; such homeowners wrongfully become forced to explain these turn of events to the IRS after surprise receipts of tax bills.

People who think that people who can no longer afford their mortgage should pack up and move out, ignore that it is unjust to render people homeless by use of intentional, dishonest, illegal foreclosure proceedings. Foreclosure mill illegalities like Attorney David J. Stern’s actually accounts for “illegal foreclosures” and “Tent Cities” which could be Anyplace, USA. Consider: Former homeowners Lawrence and Linda Elin, gave up their home after becoming victims of Bernie Madoff. (Former Wells Fargo executive Cheronda Guyton held parties after the Elins moved out; and astonishingly, “Collin Equities” permitted Guyton personal, free access to that home. A foreclosure auction had not occurred which made “Collin” proprietor of property that supposedly ‘went back’ to Wells Fargo (how did Collin get it?) The point being, it is possible that the Elins unwittingly aided a foreclosure fraud which displaced them –people unknowingly do it all the time! These situations are salient reasons why foreclosure fraud (on farmers, businesses, as well as residences) MUST be investigated;” it can cripple peoples’ abilities to move forward with their lives for a very long time –and the cloaked perpetrators are often millionaires; those perpetrators are as bad as, or worse than Bernie Madoff.

Because it is imperative to expose the variations of noxious foreclosure shams; and I have been offering / pleading that My True Story (with Prima Facie proof!) be used in Case Study about deceptive foreclosures and judicial biases. I have not relished all my personal costs in almost 5 years of trying to tell the story (my own, as well as others) of how the judicial system is being utilized by the banking industry (knowingly and unknowingly, because sometimes the lenders don’t know the foreclosure mills are handing them dirty titles) to devastate people whose circumstances causes them difficulty with repaying debts. **SEE this entire article with resource links @ http://www.lawgrace.org/2010/08/14/foreclosure-mills-judicial-fraud-consumer-exploitation-government-shams/

About these ads

36 Responses

  1. JUST MORE FOOD THOUGHT OR THROW-UP:

    Investment Banking
    Wall St. Said to Finance Dinallo for Attorney General
    September 3, 2010, 8:20 am

    Eric Dinallo, the onetime lieutenant of former New York attorney general Eliot L. Spitzer, is now being backed by the world of finance to take that office himself, The Financial Times reports, citing an analysis of campaign contributions.

    Mr. Dinallo was crucial in executing Mr. Spitzer’s crackdown on Wall Street wrongdoing, worked as an insurance regulator during the recent crisis, and is now one of five Democrats jostling to win the primary on Sept. 14.

    The newspaper said he had garnered $109,000 in contributions from the financial sector, much more than any other candidate. Jim Chanos alone has donated $50,000 and another $16,000 through his hedge fund, The F.T. said. Jon Winkelried, the former Goldman Sachs president, has donated $25,000.

  2. Collene Collins,

    What you state is exactly what we need.

  3. Our story has not been able to be exposed and the proof we have is astounding. We need an ethical person who has a voice that will be heard.

  4. HEY EVERYONE,
    We all really need to start looking at the very basics,
    It is not difficult to see that a state-created Birth Certificate, with an all-caps, name is a document evidencing debt the moment it is issued. Once a state has registered a birth document with the U.S. Department of Commerce, the Department notifies the Treasury Department, which takes out a loan from the Federal Reserve. The Treasury uses the loan to purchase a bond (the Fed holds a “purchase money security interest” in the bond) from the Department of Commerce, which invests the sale
    proceeds in the stock or bond market. The Treasury Department then issues Treasury securities in the form of Treasury Bonds, Notes, and Bills using the bonds as surety for the new “securities.” This cycle is based on the future tax revenues of the legal person whose name appears on the Birth Certificate. This also means that the bankrupt, corporate U.S. can guarantee to the purchasers of their securities the lifetime labor and tax revenues of every “citizen of the United States”/American with a Birth Certificate as collateral for payment. This device is initiated simply by converting the lawful, true name of the child into a legal, juristic name of a person.

    Dubuque rei potissinia pars prineipium est

    The principal part of everything is in the beginning. (“Well begun is half done.”)

    Legally, you are considered to be a slave or indentured servant to the various Federal, State and local governments via your STATE-issued and STATE-created Birth Certificate in the name of your all-caps person.

    Birth Certificates are issued so that the issuer can claim “exclusive” title to the legal person created thereby. This is further compounded when one voluntarily obtains a Driver’s License or a Social Security Account Number. The state even owns your personal and private life through your STATE-issued marriage license/certificate issued in the all-caps names. You have no rights in birth, marriage, or even death. The state holds title to all legal persons the state creates via Birth Certificates until the rightful owner, i.e. you, reclaims/redeems it by becoming the holder in due course of the instrument.

  5. How permanent is a TRO?
    As soon as another financial crisis hits, then the mod people can step up and finish the job since they don’t have a TRO.
    They know what each other is doing. These banks aren’t stepping over each other for the same home. The Trustee knows who’s vying for the legal title. One doing a mod and one wanting the home, they know when they are stepping over each other.
    Something doesn’t seem right there.
    It’s like the good cop / bad cop. Then you spend money that could have gone to a mortgage to fight to make a contract with a company that didn’t prove they had the note while you were proving the other that did the foreclosure didn’t have it.
    Not knocking your hard work, but something is just not logically playing right in my mind, and I don’t know all the details so I’m just raising questions.

    Light and Love,
    at arm’s length
    Trespass Unwanted, sui juris in propria persona

  6. dny, great article from propublica. I can’t imagine anyone with any scruples not being completely bewildered at the rampant greed displayed in that piece.

    I also can’t for the life of me understand how Paulson et al, could look at that rancid, disgusting behaviour and say, “Ok guys, this time I’m going to rescue you, but don’t let it happen again…” WTF! They all should have been busted on the spot. Gordy Gekko would be so proud!

  7. FOIA requests regarding any and all kinds of Securities offered to federal judges as investment oportunities for their retirement funds, and guess what just like the SEC EXEMPT from FOIA.

  8. TRO Granted in a post-salecase in VA (a power-of-sale state).
    Homeowner (“H”) was in the process of modifying his loan, when the bank foreclosed on him anyway. The servicer, Central Mortgage Co., appointed a Substitute Trustee to act on its (Central’s) behalf. But the sale, which went to the “noteholder,” resulted in a transfer of the house to HSBC Bank, not the entity on whose behalf the Sub Trustee was acting (Central).

    H challenged the sale and made two arguments: first, sale is fraudulent and otherwise improper b/c HSBC did not appoint a Sub Trustee and b/c there was no evidence (even by recitation) of its ownership of the note, nor did it make a cash bid and deposit.
    Second, H alleged violations of his right to cure the default and interference of his right to cure in the form of the bank inducing him to do nothing but wait for a loan mod decision.

    The judge did not reach the technical defense of HSBC’s lack of standing/right-to-enforce, but did see a problem with H’s right to cure. The most significant thing was the H was able to show that his financial situation had improved in the meantime (since the start of the loan mod negotiations) to the point that he could really pay, even without a mod. Thus, we argued that this was a “classic” case where the homeowner (H) should not be losing the house.

    Keep up the fight!

  9. Check out this story on ProPublica: “Banks’ Self-Dealing Super-Charged Financial Crisis

    Link here: http://www.propublica.org/article/banks-self-dealing-super-charged-financial-crisis

    A quote from the article: “Faced with increasing difficulty in selling the mortgage-backed securities that had been among their most lucrative products, the banks hit on a solution that preserved their quarterly earnings and huge bonuses:

    They created fake demand.”

  10. by the way, the SHACK decision was probably written by him, all credit is due to the honorable Judge Shack!!!!!!!

    I am sorry if I offended any one by submitting something I found on msfraud.org, I thought it was very relevant to the discussions being held here in this blog and that it would provide insights based on the experiences that were being exposed in that article.

    And credit should be given to those who demand it.

    Wish you all success.

  11. Supreme Court, Kings County

    The Bank of New York, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 2006-OC1 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-OC1, Plaintiff,

    against

    Denise Mulligan, BEVERLY BRANCHE, et. al., Defendants.

    29399/07

    Plaintiff:

    McCabe Weisberg Conway PC

    Jason E. Brooks, Esq.

    New Rochelle NY

    Defendant:

    No Appearances.

    Arthur M. Schack, J.

    Plaintiff’s renewed application, upon the default of all defendants, for an order of reference for the premises located at 1591 East 48th Street, Brooklyn, New York (Block 7846, Lot 14, County of Kings) is denied with prejudice. The complaint is dismissed. The notice of pendency filed against the above-named real property is cancelled.

    In my June 3, 2008 decision and order in this matter, I granted leave to plaintiff, THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 2006-OC1 MORTGAGE PASS-THROUGH CERTIFICATES, [*2]SERIES 2006-OC1 (BNY), to renew its application for an order of reference within forty-five (45) days, until July 18, 2008, if it complied with three conditions. However, plaintiff did not make the instant motion until May 4, 2009, 335 days after June 3, 2008, and failed to offer any excuse for its lateness. Therefore, the instant motion is 290 days, almost ten months, late. Further, the instant renewed motion failed to present the three affidavits that this Court ordered plaintiff BNY to present with its renewed motion for an order of reference: (1) an affidavit of facts either by an officer of plaintiff BNY or someone with a valid power of attorney from plaintiff BNY and personal knowledge of the facts; (2) an affidavit from Ely Harless describing his employment history for the past three years, because Mr. Harless assigned the instant mortgage as Vice President of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS) and then executed an affidavit of merit for assignee BNY as Vice President of BNY’s alleged attorney-in-fact without any power of attorney; and, (3) an affidavit from an officer of plaintiff BNY explaining why it purchased the instant nonperforming loan from MERS, as nominee for DECISION ONE MORTGAGE COMPANY, LLC (DECISION ONE).

    Moreover, after I reviewed the papers filed with this renewed motion for an order of reference and searched the Automated City Register Information System (ACRIS) website of the Office of the City Register, New York City Department of Finance, I discovered that plaintiff BNY lacked standing to pursue the instant action for numerous reasons. Therefore, the instant action is dismissed with prejudice.

    Background
    Defendant DENISE MULLIGAN (MULLIGAN) borrowed $392,000.00 from

    DECISION ONE on October 28, 2005. The mortgage to secure the note was recorded by MERS, “acting solely as a nominee for Lender [DECISION ONE]” and “FOR PURPOSES OF RECORDING THIS MORTGAGE, MERS IS THE MORTGAGEE OF RECORD,” in the Office of the City Register of the City of New York, New York City Department of Finance, on February 6, 2006, at City Register File Number (CRFN) 2006000069253.

    Defendant MULLIGAN allegedly defaulted in her mortgage loan payments with her May 1, 2007 payment. Subsequently, plaintiff BNY commenced the instant action, on August 9, 2007, alleging in ¶ 8 of the complaint, and again in ¶ 8 of the August 16, 2007 amended complaint, that “Plaintiff [BNY] is the holder of said note and mortgage. said mortgage was assigned to Plaintiff, by Assignment of Mortgage to be recorded in the Office of the County Clerk of Kings County [sic].” As an aside, plaintiff’s counsel needs to learn that mortgages in New York City are not recorded in the Office of the County Clerk, but in the Office of the City Register of the City of New York. However, the instant mortgage and note were not assigned to plaintiff BNY until October 9, 2007, 61 days subsequent to the commencement of the instant action, by MERS, “as nominee for Decision One,” and executed by Ely Harless, Vice President of MERS. This assignment was recorded on October 24, 2007, in the Office of the City Register of the City of New York, at CRFN 2007000537531.

    I denied the original application for an order of reference, on June 3, 2008, with leave to renew, because assignor Ely Harless also executed the March 20, 2008-affidavit of merit as Vice President and “an employee of Countrywide Home Loans, Inc., attorney-in-fact for Countrywide Home Loans, Inc.” The original application for an order of reference did not present any power of attorney from plaintiff BNY to Countrywide Home Loans, Inc. Also, the Court pondered how [*3]Countrywide Home Loans, Inc. could be its own an attorney-fact?

    In my June 3, 2008 decision and order I noted that Real Property Actions and Proceedings Law (RPAPL) § 1321 allows the Court in a foreclosure action, upon the default of defendant or defendant’s admission of mortgage payment arrears, to appoint a referee “to compute the amount due to the plaintiff” and plaintiff BNY’s application for an order of reference was a preliminary step to obtaining a default judgment of foreclosure and sale. (Home Sav. Of Am., F.A. v Gkanios, 230 AD2d 770 [2d Dept 1996]). However, plaintiff BNY failed to meet the clear requirements of CPLR § 3215 (f) for a default judgment, which states:

    On any application for judgment by default, the applicant

    shall file proof of service of the summons and the complaint, or

    a summons and notice served pursuant to subdivision (b) of rule

    305 or subdivision (a) of rule 316 of this chapter, and proof of

    the facts constituting the claim, the default and the amount due

    by affidavit made by the party . . . Where a verified complaint has

    been served, it may be used as the affidavit of the facts constituting

    the claim and the amount due; in such case, an affidavit as to the

    default shall be made by the party or the party’s attorney. [Emphasis

    added].

    Plaintiff BNY failed to submit “proof of the facts” in “an affidavit made by the

    party.” (Blam v Netcher, 17 AD3d 495, 496 [2d Dept 2005]; Goodman v New York City Health & Hosps. Corp. 2 AD3d 581[2d Dept 2003]; Drake v Drake, 296 AD2d 566 [2d Dept 2002]; Parratta v McAllister, 283 AD2d 625 [2d Dept 2001]; Finnegan v Sheahan, 269 AD2d 491 [2d Dept 2000]; Hazim v Winter, 234 AD2d 422 [2d Dept 1996]). Instead, plaintiff BNY submitted an affidavit of merit and amount due by Ely Harless, “an employee of Countrywide Home Loans, Inc.” and failed to submit a valid power of attorney for that express purpose. Also, I required that if plaintiff renewed its application for an order of reference and provided to the Court a valid power of attorney, that if the power of attorney refers to a servicing agreement, the Court needs a properly offered copy of the servicing agreement to determine if the servicing agent may proceed on behalf of plaintiff. (EMC Mortg. Corp. v Batista, 15 Misc 3d 1143 (A), [Sup Ct, Kings County 2007]; Deutsche Bank Nat. Trust Co. v Lewis, 14 Misc 3d 1201 (A) [Sup Ct, Suffolk County 2006]).

    I granted plaintiff BNY leave to renew its application for an order of reference within forty-five (45) days of June 3, 2008, which would be July 18, 2008. For reasons unknown to the Court, plaintiff BNY made the instant motion to renew its application for an order of reference on May 4, 2009, 290 days late. Plaintiff’s counsel, in his affirmation in support of the renewed motion, offers no explanation for his lateness and totally ignores this issue.

    Further, despite the assignment by MERS, as nominee for DECISION ONE, to plaintiff BNY occurring 61 days subsequent to the commencement of the instant action, plaintiff’s counsel claims, in ¶ 17 of his affirmation in support, that “[s]aid assignment of mortgage [by MERS, as nominee for DECISION ONE to BNT] was drafted for the convenience of the court in establishing the chain of ownership, but the actual assignment and transfer had previously occurred by delivery.” The alleged proof presented of physical delivery of the subject MULLIGAN mortgage is a computer printout [exhibit G of motion], dated April 30, 2009, from [*4]Countrywide Financial, which plaintiff’s counsel calls a “Closing Loan Schedule,” and claims, in ¶ 21 of his affirmation in support, that this “closing loan schedule is the mortgage loan schedule displaying every loan held by such trust at the close date for said trust at the end of January 2006. The closing loan schedule is of public record and demonstrates that the Plaintiff was in possession of the note and mortgage about nineteen (19) months prior to the commencement of this action.” There is an entry on line 2591 of the second to last page of the printout showing account number 1232268089, which plaintiff’s counsel, in ¶ 22 of his affirmation in support, alleges is the subject mortgage. Plaintiff’s counsel asserts, in ¶ 23 of his affirmation in support, that “[t]he annexed closing loan schedule suffices to proceed in granting Plaintiff’s Order of Reference in this matter proving possession prior to any default.” This claim is ludicrous. The computer printout, printed on April 30, 2009, just prior to the making of the instant motion, has no probative value with respect to whether physical delivery of the subject mortgage was made to plaintiff BNY prior to the August 9, 2007 commencement of the instant action.

    Further, even if the mortgage was delivered to BNY prior to the August 9, 2007 commencement of the instant action, this claim is in direct contradiction to plaintiff’s claim previously mentioned in ¶ 8 of both the complaint and the amended complaint, that “Plaintiff [BNY] is the holder of said note and mortgage. said mortgage was assigned to Plaintiff, by Assignment of Mortgage to be recorded in the Office of the County Clerk of Kings County [sic].” Both ¶’s 8 allege that the assignment of the subject mortgage took place prior to August 9, 2007 and the recording would subsequently take place. The only reality for the Court is that the assignment of the subject mortgage took place 61 days subsequent to the commencement of the action on October 9, 2007 and the assignment was recorded on October 24, 2007.

    Moreover, plaintiff’s counsel alleges, in ¶ 18 of his affirmation in support, that “[p]ursuant to a charter between Mortgage Electronic Registrations Systems, Inc. ( MERS’) and Decision One Mortgage Company, LLC, all officers of Decision One Mortgage Company, LLC, a member of MERS, are appointed as assistant secretaries and vice presidents of MERS, and as such are authorized” to assign mortgage loans registered on the MERS System and execute documents related to foreclosures. ¶ 18 concludes with “See Exhibit F.” None of this appears in exhibit F. Exhibit F is a one page power of attorney from “THE BANK OF NEW YORK, as Trustee” pursuant to unknown pooling and servicing agreements appointing “Countrywide Home Loans Servicing LP and its authorized officers (collectively CHL Servicing’)” as its “attorneys-in-fact and authorized agents” for foreclosures “in connection with the transactions contemplated in those certain Pooling and Servicing Agreements.” The so-called “charter” between MERS and DECISION ONE was not presented to the Court in any exhibits attached to the instant motion.

    Further, attached to the instant renewed motion [exhibit D] is an affidavit of merit

    by Keri Selman, dated August 23, 2007 [47 days before the assignment to BNY], in which Ms. Selman claims to be “a foreclosure specialist of Countrywide Home Loans, Inc. Servicing agent for BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 2006-OC1 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-OC1 . . . I make this afidavit upon personal knowledge based on books and records of Bank of New York in my possession or subject to my control [sic]” Countrywide Home Loans, Inc. is not Countrywide Home Loans Servicing LP, referred to in the power of attorney attached to the renewed motion [exhibit F]. Moreover, plaintiff failed to [*5]present to the Court any power of attorney authorizing Ms. Selman to execute for Countrywide Home Loans, Inc. her affidavit on behalf of plaintiff BNY. Also, Ms. Selman has a history of executing documents presented to this Court while wearing different corporate hats. In Bank of New York as Trustee for Certificateholders CWABS, Inc. Asset-Backed Certificates, Series 2006-22 v Myers (22 Misc 3d 1117 [A] [Sup Ct, Kings County 2009], in which I issued a decision and order on February 3, 2009, Ms. Selman assigned the subject mortgage on June 28, 2008 as Assistant Vice President of MERS, nominee for Homebridge Mortgage Bankers Corp., and then five days later executed an affidavit of merit as Assistant Vice President of plaintiff BNY. I observed, in this decision and order, at 1-2, that:

    Ms. Selman is a milliner’s delight by virtue of the number of hats

    she wears. In my November 19, 2007 decision and order (BANK OF

    NEW YORK A TRUSTEE FOR THE NOTEHOLDERS OF CWABS, INC.

    ASSET-BACKED NOTES, SERIES 2006-SD2 v SANDRA OROSCO

    NUNEZ, et. al. [Index No., 32052/07]), I observed that:

    Plaintiff’s application is the third application for an

    order of reference received by me in the past several days that

    contain an affidavit from Keri Selman. In the instant action,

    she alleges to be an Assistant Vice President of the Bank of

    New York. On November 16, 2007, I denied an application for

    an order of reference (BANK OF NEW YORK A TRUSTEE FOR

    THE CERTIFICATEHOLDERS OF CWABS, INC. ASSET-

    BACKED CERTIFICATES, SERIES 2006-8 v JOSE NUNEZ,

    et. al., Index No. 10457/07), in which Keri Selman, in her

    affidavit of merit claims to be “Vice President of COUNTRYWIDE

    HOME LOANS, Attorney in fact for BANK OF NEW YORK.”

    The Court is concerned that Ms. Selman might be engaged in a

    subterfuge, wearing various corporate hats. Before granting an

    application for an order of reference, the Court requires an

    affidavit from Ms. Selman describing her employment history

    for the past three years.

    This Court has not yet received any affidavit from Ms. Selman describing

    her employment history, whether it is with MERS, BNY, COUNTRYWIDE HOME LOANS, or any other entity. [*6]

    Further, the Court needs to address the conflict of interest in the

    June 20, 2008 assignment by Ms. Selman to her alleged employer, BNY.

    I am still waiting for Ms. Selman’s affidavit to explain her tangled employment relationships. Interestingly, Ms. Selman, as “Assistant Vice President of MERS,” nominee for “America’s Wholesale Lender,” is the assignor of another mortgage to plaintiff BNY in Bank of New York v Alderazi (28 Misc 3d 376 [Sup Ct, Kings County 2010]), which I further cite below.

    It is clear that plaintiff BNY failed to provide the Court with: an affidavit of merit by an officer of plaintiff BNY or someone with a valid power of attorney from BNY; an affidavit from Ely Harless, explaining his employment history; and, an explanation from BNY of why it purchased a nonperforming loan from MERS, as nominee of DECISION ONE. Moreover, plaintiff BNY did not own the subject mortgage and note when the instant case commenced. Even if plaintiff BNY owned the subject mortgage and note when the case commenced, MERS lacked the authority to assign the subject MULLIGAN mortgage to BNY, as will be explained further. Plaintiff’s counsel offers a lame and feeble excuse for not complying with my June 3, 2008 decision and order, in ¶ 23 of his affirmation in support, claiming that “[t]he affidavits requested in Honorable Arthur M. Schack’s Decision and Order should not be required, given the annexed closing loan schedule.”

    Plaintiff BNY lacked standing
    The instant action must be dismissed because plaintiff BNY lacked standing to bring this action on August 9, 2007, the day the action commenced. “Standing to sue is critical to the proper functioning of the judicial system. It is a threshold issue. If standing is denied, the pathway to the courthouse is blocked. The plaintiff who has standing, however, may cross the threshold and seek judicial redress.” (Saratoga County Chamber of Commerce, Inc. v Pataki, 100 NY2d 801 812 [2003], cert denied 540 US 1017 [2003]). Professor Siegel (NY Prac, § 136, at 232 [4d ed]), instructs that:

    [i]t is the law’s policy to allow only an aggrieved person to bring a

    lawsuit . . . A want of “standing to sue,” in other words, is just another

    way of saying that this particular plaintiff is not involved in a genuine

    controversy, and a simple syllogism takes us from there to a “jurisdictional”

    dismissal: (1) the courts have jurisdiction only over controversies; (2) a

    plaintiff found to lack “standing”is not involved in a controversy; and

    (3) the courts therefore have no jurisdiction of the case when such a

    plaintiff purports to bring it.

    “Standing to sue requires an interest in the claim at issue in the lawsuit that the law will recognize as a sufficient predicate for determining the issue at the litigant’s request.” (Caprer v Nussbaum (36 AD3d 176, 181 [2d Dept 2006]). If a plaintiff lacks standing to sue, the plaintiff may not proceed in the action. (Stark v Goldberg, 297 AD2d 203 [1st Dept 2002]). [*7]

    Plaintiff BNY lacked standing to foreclose on the instant mortgage and note when this action commenced on August 7, 2007, the day that BNY filed the summons, complaint and notice of pendency with the Kings County Clerk, because it did not own the mortgage and note that day. The instant mortgage and note were assigned to BNY, 61 days later, on October 7, 2007. The Court, in Campaign v Barba (23 AD3d 327 [2d Dept 2005]), instructed that “[t]o establish a prima facie case in an action to foreclose a mortgage, the plaintiff must establish the existence of the mortgage and the mortgage note, ownership of the mortgage, and the defendant’s default in payment [Emphasis added].” (See Witelson v Jamaica Estates Holding Corp. I, 40 AD3d 284 [1st Dept 2007]; Household Finance Realty Corp. of New York v Wynn, 19 AD3d 545 [2d Dept 2005]; Sears Mortgage Corp. v Yahhobi, 19 AD3d 402 [2d Dept 2005]; Ocwen Federal Bank FSB v Miller, 18 AD3d 527 [2d Dept 2005]; U.S. Bank Trust Nat. Ass’n Trustee v Butti, 16 AD3d 408 [2d Dept 2005]; First Union Mortgage Corp. v Fern, 298 AD2d 490 [2d Dept 2002]; Village Bank v Wild Oaks, Holding, Inc., 196 AD2d 812 [2d Dept 1993]).

    Assignments of mortgages and notes are made by either written instrument or the

    assignor physically delivering the mortgage and note to the assignee. “Our courts have repeatedly held that a bond and mortgage may be transferred by delivery without a written instrument of assignment.” (Flyer v Sullivan, 284 AD 697, 699 [1d Dept 1954]). The written October 7, 2007 assignment by MERS, as nominee for DECISION ONE, to BNY is clearly 61 days after the commencement of the action. Plaintiff’s BNY’s claim that the gobblygook computer printout it offered in exhibit G is evidence of physical delivery of the mortgage and note prior to commencement of the action is not only nonsensical, but flies in the face of the complaint and amended complaint, which both clearly state in ¶ 8 that “Plaintiff [BNY] is the holder of said note and mortgage. said mortgage was assigned to Plaintiff, by Assignment of Mortgage to be recorded in the Office of the County Clerk of Kings County [sic].” Plaintiff BNY did not own the mortgage and note when the instant action commenced on August 7, 2007. “[A] retroactive assignment cannot be used to confer standing upon the assignee in a foreclosure action commenced prior to the execution of an assignment.” (Wells Fargo Bank, N.A. v Marchione, 69 AD3d 204, 210 [2d Dept 2009]). The Marchione Court relied upon LaSalle Bank Natl. Assoc. v Ahearn (59 AD3d 911 [3d Dept 2009], which instructed, at 912, “[n]otably, foreclosure of a mortgage may not be brought by one who has no title to it’ (Kluge v Fugazy, 145 AD2d 537 [2d Dept 1988]) and an assignee of such a mortgage does not have standing unless the assignment is complete at the time the action is commenced).” (See U.S. Bank, N.A. v Collymore, 68 AD3d 752 [2d Dept 2009]; Countrywide Home Loans, Inc. v Gress, 68 AD3d 709 [2d Dept 2009]; Citgroup Global Mkts. Realty Corp. v Randolph Bowling, 25 Misc 3d 1244 [A] [Sup Ct, Kings County 2009]; Deutsche Bank Nat. Trust Company v Abbate, 25 Misc 3d 1216 [A] [Sup Ct, Richmond County 2009]; Indymac Bank FSB v Boyd, 22 Misc 3d 1119 [A] [Sup Ct, Kings County 2009]; Credit-Based Asset Management and Securitization, LLC v Akitoye,22 Misc 3d 1110 [A] [Sup Ct, Kings County Jan. 20, 2009]; Deutsche Bank Trust Co. Americas v Peabody, 20 Misc 3d 1108 [A][Sup Ct, Saratoga County 2008]).

    The Appellate Division, First Department, citing Kluge v Fugazy, in Katz v East-Ville Realty Co., (249 AD2d 243 [1d Dept 1998]), instructed that “[p]laintiff’s attempt to foreclose upon a mortgage in which he had no legal or equitable interest was without foundation in law or [*8]fact.” Therefore, with plaintiff BNY not having standing, the Court lacks jurisdiction in this foreclosure action and the instant action is dismissed with prejudice.

    MERS had no authority to assign the subject mortgage and note
    Moreover, MERS lacked authority to assign the subject mortgage. The subject DECISION ONE mortgage, executed on October 28, 2005 by defendant MULLIGAN, clearly states on page 1 that “MERS is a separate corporation that is acting solely as a nominee for Lender [DECISION ONE] and LENDER’s successors and assigns . . . FOR PURPOSES OF RECORDING THIS MORTGAGE, MERS IS THE MORTGAGEE OF RECORD.” The word “nominee” is defined as “[a] person designated to act in place of another, usu. in a very limited way” or “[a] party who holds bare legal title for the benefit of others.” (Black’s Law Dictionary 1076 [8th ed 2004]). “This definition suggests that a nominee possesses few or no legally enforceable rights beyond those of a principal whom the nominee serves.” (Landmark National Bank v Kesler, 289 Kan 528, 538 [2009]). The Supreme Court of Kansas, in Landmark National Bank, 289 Kan at 539, observed that:

    The legal status of a nominee, then, depends on the context of

    the relationship of the nominee to its principal. Various courts have

    interpreted the relationship of MERS and the lender as an agency

    relationship. See In re Sheridan, 2009 WL631355, at *4 (Bankr. D.

    Idaho, March 12, 2009) (MERS “acts not on its own account. Its

    capacity is representative.”); Mortgage Elec. Registrations Systems,

    Inc. v Southwest, 2009 Ark. 152 ___, ___SW3d___, 2009 WL 723182

    (March 19, 2009) (“MERS, by the terms of the deed of trust, and its

    own stated purposes, was the lender’s agent”); La Salle Nat. Bank v

    Lamy, 12 Misc 3d 1191 [A], at *2 [Sup Ct, Suffolk County 2006]) . . .

    (“A nominee of the owner of a note and mortgage may not effectively

    assign the note and mortgage to another for want of an ownership interest

    in said note and mortgage by the nominee.”)

    The New York Court of Appeals in MERSCORP, Inc. v Romaine (8 NY3d 90 [2006]), explained how MERS acts as the agent of mortgagees, holding at 96:

    In 1993, the MERS system was created by several large

    participants in the real estate mortgage industry to track ownership

    interests in residential mortgages. Mortgage lenders and other entities,

    known as MERS members, subscribe to the MERS system and pay

    annual fees for the electronic processing and tracking of ownership

    and transfers of mortgages. Members contractually agree to appoint [*9]

    MERS to act as their common agent on all mortgages they register

    in the MERS system. [Emphasis added]

    Thus, it is clear that MERS’s relationship with its member lenders is that of agent with the lender-principal. This is a fiduciary relationship, resulting from the manifestation of consent by one person to another, allowing the other to act on his behalf, subject to his control and consent. The principal is the one for whom action is to be taken, and the agent is the one who acts.It has been held that the agent, who has a fiduciary relationship with the principal, “is a party who acts on behalf of the principal with the latter’s express, implied, or apparent authority.” (Maurillo v Park Slope U-Haul, 194 AD2d 142, 146 [2d Dept 1992]). “Agents are bound at all times to exercise the utmost good faith toward their principals. They must act in accordance with the highest and truest principles of morality.” (Elco Shoe Mfrs. v Sisk, 260 NY 100, 103 [1932]). (See Sokoloff v Harriman Estates Development Corp., 96 NY 409 [2001]); Wechsler v Bowman, 285 NY 284 [1941]; Lamdin v Broadway Surface Advertising Corp., 272 NY 133 [1936]). An agent “is prohibited from acting in any manner inconsistent with his agency or trust and is at all times bound to exercise the utmost good faith and loyalty in the performance of his duties.” (Lamdin, at 136).

    Thus, in the instant action, MERS, as nominee for DECISION ONE, is an agent of DECISION ONE for limited purposes. It only has those powers given to it and authorized by its principal, DECISION ONE. Plaintiff BNY failed to submit documents authorizing MERS, as nominee for DECISION ONE, to assign the subject mortgage to plaintiff BNY. Therefore, even if the assignment by MERS, as nominee for DECISION ONE, to BNY was timely, and it was not, MERS lacked authority to assign the MULLIGAN mortgage, making the assignment defective. Recently, in Bank of New York v Alderazi, 28 Misc 3d at 379-380, my learned Kings County Supreme Court colleague, Justice Wayne Saitta explained that:

    A party who claims to be the agent of another bears the burden

    of proving the agency relationship by a preponderance of the evidence

    (Lippincott v East River Mill & Lumber Co., 79 Misc 559 [1913])

    and “[t]he declarations of an alleged agent may not be shown for

    the purpose of proving the fact of agency.” (Lexow & Jenkins, P.C. v

    Hertz Commercial Leasing Corp., 122 AD2d 25 [2d Dept 1986]; see

    also Siegel v Kentucky Fried Chicken of Long Is. 108 AD2d 218 [2d

    Dept 1985]; Moore v Leaseway Transp/ Corp., 65 AD2d 697 [1st Dept

    1978].) “[T]he acts of a person assuming to be the representative of

    another are not competent to prove the agency in the absence of evidence

    tending to show the principal’s knowledge of such acts or assent to them.”

    (Lexow & Jenkins, P.C. v Hertz Commercial Leasing Corp., 122 AD2d

    at 26, quoting 2 NY Jur 2d, Agency and Independent Contractors § 26). [*10]

    Plaintiff has submitted no evidence to demonstrate that the

    original lender, the mortgagee America’s Wholesale Lender, authorized

    MERS to assign the secured debt to plaintiff [the assignment, as noted

    above, executed by the multi-hatted Keri Selman].

    In the instant action, MERS, as nominee for DECISION ONE, not only had no authority to assign the MULLIGAN mortgage, but no evidence was presented to the Court to demonstrate DECISION ONE’s knowledge or assent to the assignment by MERS to plaintiff BNY.

    Cancellation of subject notice of pendency
    The dismissal with prejudice of the instant foreclosure action requires the

    cancellation of the notice of pendency. CPLR § 6501 provides that the filing of a notice of pendency against a property is to give constructive notice to any purchaser of real property or encumbrancer against real property of an action that “would affect the title to, or the possession, use or enjoyment of real property, except in a summary proceeding brought to recover the possession of real property.” The Court of Appeals, in 5308 Realty Corp. v O & Y Equity Corp. (64 NY2d 313, 319 [1984]), commented that “[t]he purpose of the doctrine was to assure that a court retained its ability to effect justice by preserving its power over the property, regardless of whether a purchaser had any notice of the pending suit,” and, at 320, that “the statutory scheme permits a party to effectively retard the alienability of real property without any prior judicial review.”

    CPLR § 6514 (a) provides for the mandatory cancellation of a notice of pendency by:

    The Court, upon motion of any person aggrieved and upon such

    notice as it may require, shall direct any county clerk to cancel

    a notice of pendency, if service of a summons has not been completed

    within the time limited by section 6512; or if the action has been

    settled, discontinued or abated; or if the time to appeal from a final

    judgment against the plaintiff has expired; or if enforcement of a

    final judgment against the plaintiff has not been stayed pursuant

    to section 551. [emphasis added]

    The plain meaning of the word “abated,” as used in CPLR § 6514 (a) is the ending of an action. “Abatement” is defined as “the act of eliminating or nullifying.” (Black’s Law Dictionary 3 [7th ed 1999]). “An action which has been abated is dead, and any further enforcement of the cause of action requires the bringing of a new action, provided that a cause of action remains (2A Carmody-Wait 2d § 11.1).” (Nastasi v Natassi, 26 AD3d 32, 40 [2d Dept 2005]). Further, Nastasi at 36, held that the “[c]ancellation of a notice of pendency can be granted in the exercise of the inherent power of the court where its filing fails to comply with CPLR § 6501 (see 5303 Realty Corp. v O & Y Equity Corp., supra at 320-321; Rose v Montt Assets, 250 AD2d 451, 451-452 [1d Dept 1998]; Siegel, NY Prac § 336 [4th ed]).” Thus, the [*11]dismissal of the instant complaint must result in the mandatory cancellation of plaintiff BNY’s notice of pendency against the property “in the exercise of the inherent power of the court.”

    Conclusion
    Accordingly, it is

    ORDERED, that the renewed motion of plaintiff, THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 2006-OC1 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-OC1, for an order of reference, for the premises located at 1591 East 48th Street, Brooklyn, New York (Block 7846, Lot 14, County of Kings), is denied with prejudice; and it is further

    ORDERED, that the instant action, Index Number 29399/07, is dismissed with

    prejudice; and it is further

    ORDERED that the Notice of Pendency in this action, filed with the Kings

    County Clerk on August 9, 2007, by plaintiff, THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 2006-OC1 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-OC1, to foreclose a mortgage for real property located at 1591 East 48th Street, Brooklyn, New York (Block 7846, Lot 14, County of Kings), is cancelled.

    This constitutes the Decision and Order of the Court.

    ENTER

    ________________________________HON. ARTHUR M. SCHACK

    J. S. C.

  12. SOME PEOPLE JUST DO NOT GET IT,

    THE ARTICLE WAS SENT WITH ALL THE LINKS SO PEOPLE COULD GET IT FROM THE SOURCE, NO ONE IS ASKING FOR CREDIT OF THE STORY. THE ARTICLE WAS ACTUALLY AS I UNDERSTAND PULLED FROM A DIFFERENT SOURCE http://WWW.MSFRAUD.ORG

    WE DO APPRECIATE NEWS AND INFO FROM ALL SOURCES, IT ONLY HELPS THOSE WHO NEED THE INFO AND WHO ARE AT A CLEAR DISADVANTAGE WHEN FACING THE REAL ENEMIES.

    I BELIEVE MR. SEMIDEY, CONTINUOUSLY CONTRIBUTES WITH OPINIONS AND WHENEVER HE GETS A HAND ON A ANY ARTICLE HE SENDS IT TO THIS BLOG FOR ALL TO SEE.

    BUT WELL, THAT IS THE SIGN OF THE TIMES, WHILE WE WASTE TIME QUIBBLING ON WHO WROTE WHAT THE REAL ENEMY IS FORECLOSING ON ANOTHER FAMILY.

    GO FIGURE!!!!!!!!!!!!!!!!

  13. In a decision handed down on Wednesday, August 25, 2010, Justice Arthur SCHACK of the Kings County, NY, Supreme Court has dismissed another case with prejudice. The decision in Bank of NY v Mulligan is a follow up to a series of orders Justice SCHACK made two years ago denying plaintiff’s requests for an order of reference (the NY court order of foreclosure appointing a “referee” to sell the property and including in his orders specific actions required of the plaintiff to move forward in the case and obtain relief.

    The case of Bank of NY v Mulligan involved a mortgage purportedly originated by Decision One Mortgage, serviced by Countrywide and purportedly owned by a mortgage trust with Bank of New York as trustee. MERS was also the “mortgagee” in this case.

    In previously denying the plaintiff’s requested relief, Justice SCHACK specified that the plaintiff needed to furnish to the court affidavits from plaintiff’s witnesses explaining irregularities. The Court also set deadlines for teh plaintiff to follow. The plaintiff seems to have eggregiously flouted the court’s orders.

    Since Justice SCHACK’s decisions are always articulate, witty and entertaining, it is best to simply refer you to the decision, available online at the site of the New York Reporter:

    Bank of NY v Mulligan, 2010 NY Slip Op 51509(U), Kings County, NY, Supreme Court, Decided August 25, 2010.

    http://www.nycourts.gov/reporter/3dseries/2010/2010_51509.htm

  14. Well Folks – here it comes…

    —- snip —-
    BREAKING AND ENTERING IS NOT A CRIME!

    Not so long ago in this country breaking into another person’s home would clearly have been a crime. When law enforcement cared. When those we elected to protect us cared. When Judges cared.

    But that was long ago. Before the banks, foreclosure mills and Wall Street criminals took over this country and trampled on the rights of any soul who dared cross them or get in their way. Today we live in a much different world. The banks and their agents are emboldened. They fear no government official. They fear no judge. They are restrained by no law.

    I have begun collecting terrifying examples of ba
    nk terror and will continue to publish the examples. For starters, I want each of you to read the lawsuit I’ve just filed. Read carefully the allegations made in the lawsuit, but most importantly read the report from the Charlotte County Sheriff’s Department. Read the findings of fact. Two thugs broke into a home, moved property around, helped themselves to a beer. The thugs returned and boldly told their victims they would return to terrorize again. Two visitors to our country were terrified. Thousands of dollars in property was stolen. But the Sheriff’s office can seem to find a crime here.

    The thing that terrifies me most about the incidents described in this lawsuit is the fact that I have logged dozens of phone calls to various levels of authority within the Charlotte County Sheriff’s Office. I have spoken with street officers, detectives, supervisors, even internal affairs. My calls have been ignored. I’m not sure if I’ve gotten high enough up the chain of command, but I’m going to keep working, keep calling and keep filing lawsuits until this issue gets the attention that it deserves.

    Pay attention to the facts in this case and be appalled, but sit tight and stay tuned because as bad as the facts in this case are, I’ve got worse cases and am preparing to file additional cases with even more grotesque facts. If law enforcement, particularly our elected Sheriff will no longer protect us in our homes, who can we count on to protect our families? When one of these lender break ins results in physical harm either in Charlotte County or in some other county across this country, law enforcement cannot stand by and say they were unaware of this phenomena.

    http://mattweidnerlaw.com/blog/wp-content/uploads/2010/08/complaintfiledtotal.pdf

    —- end snip —-

    Well – if that doesn’t kick it up notch – I wonder how long folks will wait…?

    Maybe we can start forming our own Tent Cities and have pity-parties while the lying thieves trash our Constitutional rights…

    KEEP THE POWDER DRY – KEEP THE RELOADS HANDY – BUY MORE WEAPONS – DEFEND YOUR PROPERTY & YOUR GOD GIVEN RIGHTS…

    I sincerely hope folks will always remember our Police Dept & FBI – etc are NOT the enemy…

    It won’t be long before we starting hearing about WACO Texas & Ruby Ridge arrests… Their goal is to keep the appearance that the radical fringe is coming unraveled.

  15. IT FEELS LIKE WE (HOMEOWNERS) ARE LIKE THESE OIL COATED……

  16. This is simply what things look like when a Ponzi scheme unwinds. The top 5%, the elitists, have drawn this scheme out to its max. They’ve stripped everyone of their capital, right down to the bone, and there’s a tipping point here….a fine line at which point too
    much has been stripped due to their unbridled greed and outright hubris. This makes for a very dangerous scenario, where nothing can continue status quo.

    Just look at the Feds last remarks concerning monetary policy….”[it]anticipates a gradual
    return to higher levels of resource utilization.” Resource utilization here means our
    employment. We’re nothing more than another natural resource for the elite, to be used
    for their gain. Like crude or copper.

    To use William Black’s words concerning this global Ponzi scheme, “Madoff is a piker
    compared to this [the bankers].”

    And since our funds were slowly drained off, we didn’t sense the pain right away. Just
    like the lobster placed in cold water and slowly brought to a boil. Then before we knew it,
    we were wondering what in the hell happened to our savings, our retirement funds, our
    wages, our pocket change. Then our jobs…we no longer were needed to be…..utilized.
    Utilization over. You can go now.

    And just when you thought it couldn’t get any worse, the sheriff, the hired gun for the
    financial industry, knocks on your door on a pleasant Sunday afternoon to serve you
    notice that he’s going to be selling your home. It seems your home is needed by others.
    It’s the final ATM withdrawal necessary by the elite. They need to sell our homes to
    shore up their sagging finances.

    One of the biggest dangers lurking behind this setup is that millions are now
    disenfranchised, tossed on the curb, bereft of their once meaningful lives. Many can’t
    cope without their connections cemented over a lifetime. For many, sanity itself is
    intertwined with their ability to perform at work, to fit in, to buy things. Once all of that is
    gone, all hell can break loose, and all bets are off.

    Let’s talk about true ROI? I put up 10 pounds of dried beans yesterday, and will do the
    same today. One cup of open pollinated beans returned ten pounds of protein that will
    store all winter, until it’s time to plant and harvest again next year. Trust this, stock
    certificates, CDO’s, MBS’s….they won’t be worth the paper they’re printed on. Just like
    our federal reserve notes, when the SHTF. All economies are simply tangled webs of
    agreements. Once the agreements fail, so does society. And come hard times, the judges,
    lawyers, financiers, Congress, all those jerks who created this gready mess will be
    clamoring for DOB’s. They won’t get a single Dried Organic Bean from me.

    There’s only one way to fix this problem, and that’s through financial collapse. Only then can we
    pry open the palms of these greedy bastards and re-level the playing field. We need to
    redistribute the game pieces. And I for one look forward to it. Game on.

  17. Abby in CA,
    How Long have I been saying this?

  18. David wrote:

    “The judge’s retirement funds are linked to mortgage backed securities – which btw “could” be a good reason to start bombarding with ETHIC violations and challenging judges to recuse… After-all – it is a violation of their Judge’s Canon – Code of Ethics to have a dog in the fight or pony in the race – per-se.”

    Although that sounds reasonable and justified….well, there is the real world out there. Like the one in which Massey coal paid $3 million to get rid of a judge, and elect a new judge who would rule in his favor. The judge refused to recuse himself. He ruled in favor of Massey, but justice finally saved the day, in the form of a slim margin at the supreme court.

    Also see Bill Moyers segment entitled “Justice For Sale.” A lawyer, congratulating a judge after winning his seat, point blank says, “Now I expect you to remember my contributions to your campaign when I’m in front of your bench!” Neither one cared that the camera was rolling.

    These guys are as crooked as a West Virginia mountain road. Screw them all.

  19. THE GREAT AMERICAN HOLOCAUST

    THE JUDGE OR HIS STAFF SHOULD REMOVE HIMSELF/HERSELF FROM THIS CASE IF HE/SHE HAS RECEIVED A LOAN, CONTRIBUTIONS OR DONE ANY BUSINESS, OR ARE RELATED TO ANYONE WHO WORKS WITH BANK OF AMERICA, COUNTRYWIDE, US BANK OR WELLS FARGO OR ANY OF THEIR AFFILIATES.

    ESPECIALLY IF JUDGES OR HIS STAFF RECEIVES IOU’S (IN THE PAST 25 YEARS) FROM BANK OF AMERICA OR ITS AFFILIATES. PENSION PLAN AFFECTED ETC….

    If these are the minimum requirements to go on a Game Show than what about our Economic Lives are at stake.

    You are not eligible to be a contestant on Wheel of Fortune if you work for, or are related to, anyone who works for Sony Pictures Entertainment Inc., Sony Pictures Television Inc., Sony Pictures Television International, Quadra Productions, Inc., CBS Television Distribution Group, game show prize suppliers, or any TV station (including its advertisers and affiliated radio stations), or networks broadcasting Wheel of Fortune or Jeopardy!.

  20. ANOTHER FORECLOSURE CASE DISMISSED WITH PREJUDICE – JUDGE SCHACK NEW YORK
    ——————————————————————–
    Courtesy of William A. Roper
    In a decision handed down on Wednesday, August 25, 2010, Justice Arthur SCHACK of the Kings County, NY, Supreme Court has dismissed another case with prejudice. The decision in Bank of NY v Mulligan is a follow up to a series of orders Justice SCHACK made two years ago denying plaintiff’s requests for an order of reference (the NY court order of foreclosure appointing a “referee” to sell the property and including in his orders specific actions required of the plaintiff to move forward in the case and obtain relief.

    The case of Bank of NY v Mulligan involved a mortgage purportedly originated by Decision One Mortgage, serviced by Countrywide and purportedly owned by a mortgage trust with Bank of New York as trustee. MERS was also the “mortgagee” in this case.

    In previously denying the plaintiff’s requested relief, Justice SCHACK specified that the plaintiff needed to furnish to the court affidavits from plaintiff’s witnesses explaining irregularities. The Court also set deadlines for teh plaintiff to follow. The plaintiff seems to have eggregiously flouted the court’s orders.

    Since Justice SCHACK’s decisions are always articulate, witty and entertaining, it is best to simply refer you to the decision, available online at the site of the New York Reporter:

    Bank of NY v Mulligan, 2010 NY Slip Op 51509(U), Kings County, NY, Supreme Court, Decided August 25, 2010.

    http://www.nycourts.gov/reporter/3dseries/2010/2010_51509.htm

  21. Abby is right…

    The judge’s retirement funds are linked to mortgage backed securities – which btw “could” be a good reason to start bombarding with ETHIC violations and challenging judges to recuse… After-all – it is a violation of their Judge’s Canon – Code of Ethics to have a dog in the fight or pony in the race – per-se. They seem to have BOTH – I guess their investments are doubly secured..?

    The game is simple – those (foreclosure mills) that hold the most dirt on the others (judges & politicians) earn the rights to violate & pillage the borrowers the most… Case in point the owner of the foreclosure mill i.e. terrorist insurgent located in Florida David J. Stern… Owning a 108ft Yacht – 15-million dollar estate – several Ferraris – Bugatti Veyron – etc… His law firm specializes in dumping families in gutters on a massive scale – now employing over 1000-people… Amazing ah – think about that – I guess he is doing his part to create jobs…

    Judges will give these lying thieves cover for as long as WE THE PEOPLE whine & complain about it. After-all – there were TWO parties at the table – the borrower and “that other person” that we are no-longer permitted to KNOW but was supposedly the lender – sort-a speak…

    BOTTOM-LINE
    The longer some cases drag out – the better for them. This gives an appearance (us) slaves -oops I meant borrowers, trying to keep the faith & fight the fight, that there is still hope. Justice might be ours – if we say the magic words perfectly pled then spoken – allowing the judge to realize that “we” really do have just-causes – actionable causes – so we deserve the opportunity to come back and state our case again – and again – and again – and again…

    All the while that judge knows – for every diehard pro-se litigant that signs up for the make-a-wish no-foreclose on me foundation – there are 10s of THOUSANDS (1000s upon 1000s) being foreclosed HOURLY… So, for the judges – why not have some entertainment for a while and let the peons & pawns dream a little – hope a little – then when enough is enough – the judge shuts it down – BAM-BAM goes the hammer – VACATE – schedule for sale granted… Deadbeats must vacate….

    The Lenders & Foreclosure Mills have NO FEAR – and until given a reason to FEAR they will gladly send their young-minions to play-sword fights and put a nice dog-&-pony-show for the judge… He – who knows, maybe the judge will fell giddy that day and grant them a stay… So-what, they minions are paid anyway and it helps soothe the conscience of the old-guy in the big-chair – lose one – win 1000 – isn’t so bad and it seems to keep the customers happily coming back for more – business is booming in the foreclosure mills these days. Who needs documents – just print something up and give to the judge – they don’t read it anyway – just keep them entertained…

    Keep the Powder Dry…

  22. lawgrace,
    No one should submit your writings without proper acknowledgment to you as the originating author.

    No one has helped you because no one can. If they figured it out, they agreed to not disclose it. Otherwise they are still battling.
    Some are trying to create new contracts with the thieves via modifications which is like paying the mafia to protect your interest; because if you don’t pay them; they will take it.

    Recently an attorney was upset because a judge had signed and filed the default judgment before the trial had occurred. I was not shocked by that discovery. If he protests, they may make sure he never wins another case in their courts, and ruin his practice. So either play the game by their rules or your you lose.
    Pro se, pro per, sui juris, or with an attorney, no one can promise you that even though you have all the evidence of fraud that it can be stopped, thwarted, avoided, prevented, halted, sustained, removed, etc.
    Courts deal with legislative facts, they dont’ deal with adjudicative facts any more.

    Our eyes are open to the reality that we can be robbed, and we have no remedy.
    By definition a foreclosure is: to shut out, to bar, to destroy an equity of redemption. A termination of all rights of the mortgagor or his grantee in the property covered by the mortgage. The process by which a mortgagor of real or personal property, or other owner of property subject to a lien, is deprived of his interest therein. Procedure by which mortgaged property is sold on default of mortgagor in satisfaction of mortgage debt.
    In common usage, refers to the enforcement of lien, trust deed, or mortgage in any method provided by law.

    When I read the above definition, it shed light that they were terminating my rights, denying me my right to property, and depriving me of interest, and doing it by any method, provided by law. Well the judge’s court ends up being the law. Either it’s followed by the decision or ignored by the decision.

    I hope you can find peace in this hell. It’s hard to do, but I hope you can find it.

    The news media won’t take up the plight because their bosses are friends with the perpetrators and get ‘great’ advertising dollars for their commercials on their channels.
    Obama can’t take up the plight because unless he was a dictator, he can’t make any laws and enforce them. Congress won’t take up the plight. Federal bureaus and Federal Government agencies won’t take up the plight and if they do, they will take a bribe in the form of a multi million dollar settlement that won’t come down to the victims and no one will be held as surety for the fraud because they will be ‘represented’.
    I learned a lot, lost weight, almost lost my job, lost hours of sleep, almost lost my family, while studying and learning everything I could about what was happening to me.
    You say they don’t have a ‘perfected lien’. I say they didn’t even have a perfected security interest. Yet, I did. That was taken from me, by foreclosure, and by judge, and by any method provided by law. A law firm (irony in the name, they must be the law since they are a law firm) filed a public document appointing themselves as my Trustee, and performed acts on my behalf and took my property from me. The writing was on the wall, and I had given the information all notices, all filings, information on statutes, about assignments about secured transactions, etc, to the state attorney general.
    I paid an attorney to assist me, and she acted like she had to go to real estate law school and study the entire real estate area of law before she could even file a restraining order. She didn’t even recognize that the ‘Lender’ was not the ‘Lender’, yet I told her, when I hired you; you made sure that you put ‘Attorney’ is (your name) and client is (my name). So how can the definitions of a Deed of Trust be any different?
    I handed in my chips when I ‘had’ to leave my property by forcible detainer action.
    We are in Hell…right now…there is war on all fronts and talks of war, economic crisis, job crisis, employment crisis, judicial crisis, fraud on every level, government entities pledging the labor of the unborn for our public debt, the unborn and their unborn will be paying for today’s social services, medical services, housing services, retirement services for those that put us in this situation.
    But when the game is over, it’s really over. So we have stopped playing, so everything has to stop. Commerce as we know it, has to go away because it lost it’s ability to provide a remedy.
    I’m sorry to hear what you are going through.
    Spiritually you have been a great ‘service to others’, and will be rewarded greatly AND you get to watch the judgment of many who directly and indirectly harmed you while you were here.
    I don’t know what the ultimate goal of all of this is, but there is a reason we have the terms ‘unjust enrichment’. Many by their signatures are sealing their fate by intefereing with the Creator’s creation and think they have immunity.

    lawgrace, I wish “I” could help you. I went through it thinking I could help others if I could help myself. I was wrong.
    This world is in a ‘see no evil’, ‘hear no evil’, ‘speak no evil’, because they’ve sold their soul, and think by making us lose our homes we are in the same boat.
    Furthest from the truth.

    at arm’s length,
    Light and Love
    Trespass Unwanted, sui juris in propria persona

  23. TO THE JUDGES OF AMERICA. YOU ABOVE ALL PEOPLE SHOULD KNOW THAT CRIME DOES NOT PAY.
    WHAT ARE YOU GONNA DO WHEN THE STOCK MARKET TANKS BY AT LEAST ANOTHER 50%?’

    ARE YOU GONNA BLAME THE HOMEOWNERS?

    WELL IT WONT HELP.

    WHAT ARE YOU GONNA DO WHEN THE HOME PRICES DROP ANOTHER 50% WHERE APPLICABLE
    IN THE PRIME JUMBO LOAN AND COMMERICAL LOANS. WHOLE APARTMENT CONDOS AND MALL AND OFFICES ARE GONNA BE EMPTY.

    JUDGES THERE GOES YOUR PENSIONS YOUR HOUSE VALUES

    ALL YOU HAD TO DO IS ENFORCE THE LAWS. THEN THE AMERICAN CONSUMERS WOULD HAVE HAD MONEY TO CONSUME.

    WE DONT MANUFACTURE ANYTHING I HATE TO SAY IT BY I AGREE WITH MICHAEL MOORE.

    H—LL WE CANT EVEN ANSWER PHONES FOR CUSTOMER SERVICE ANYMORE WE OUT SOURCE CUSTOMER SERVICE.

    SO TO ABBY DONT WORRY THE JUDGES ARE GONNA GET IT PRETTY SOON. IN THE ONLY LANGUAGE WE HUMANS UNDERSTAND IN OUR POCKET BOOK.

    UNFORTUNATELY THE MORE THE PRICES OF HOUSES GO DOWN THE BETTER OFF WE ARE. LOAN MODS WILL BE REALLY AFFORDABLE

  24. THE A MAN

    Yes!!! – one way or another – “the WHO” will get ya.

  25. I don’t ‘get it’ how someone named Jose Semidey could “submit” to this livinglies blog MY PERSONAL TRUE STORY without ANY notice to this audience that “Case In Point:. . .” was written by me. I have seen my story [which I prepared “an abstract” for huffingtonpost] copied onto other websites, but they always gave credit to me. Such a thing is critical to me, as I make it very clear that HELP IS NEEDED. In contrast, I see and appreciate that msfraud.org created a very distinct caption with a LINK to my post and picture @ open.salon which contains also my “Case In Point: Foreclosure Mills. . .” piece. If blogs would do as livinglies, readers would not easily recognize the identity of the person requesting help!

    Also, what bothers me is that my horrible situation is being offered on this website for comments, yet the comments seem remote from my article of WHICH I CLEARLY STATE THAT I have written because of needed help! I have been writing articles about foreclosure fraud for a long, and yet I seem to have been an unwitting ‘consultant’ for scores of people –searches on my website make that fact clear, while they ignore that I created that website to make a national appeal for help to come to Louisiana! Even a few law firms seem to be using my writing to increase their business (google Case In Point and see what I mean). As it relates to livinglies, I would not mind the seeming insensitivity –except I have written to livinglies BEGGING for help many months ago, and my pleas never became answered. All I see is my labor being utilized without any regard to my desperate appeals which I have been making everywhere on the Internet FOR YEARS. Sometimes, it seems as though people are self-absorbed, especially some emails make it obvious their plights are all that matters (and I seem to have knowledge they sometimes demand that I supply.) *NO one will deny that I have given more than my share to help others –at great jeopardy to my own welfare.

    I am indeed VERY well-versed in foreclosure fraud and consumer law. I DID not come by my knowledge from blogs, rather from statutes, caselaw -periods of days of lack of sleep, and all my time in a law library, for more than 5 years. Is it too much to ask that –in addition to people freely utilizing my labor, that they could help publish / circulate MY STORY so that a law firm will come to my aid? Or so that wide media coverage could be of help to me? Is it not apparent that in corrupt Louisiana where I reside –and where no lawyers are doing what Florida lawyers are doing about foreclosure fraud– that I am in danger!? In April 2010 when I posted on this livinglies blog: “Some Home Foreclosures are Actually Disguised Real Estate Extortions,” how could it not be clear what my predicament is, and how desperate I am?

    For many years, I have provided an invaluable service -at no charge- to people who are having to deal with foreclosures, as well as people who need to better understand the plights and injustices. I simply ask for help to COME MY WAY also.

    I am pleased for the thanks / kudos for what I write, but this submission of my article by that man was the final straw. Yes, I do recall you applauded me under “a lawyer who gets it.” But, as far back as then I have been asking for help, not merely ‘show & tell’ what all I know! How can that make sense when I remain destitute? Now, livinglies’ “SPECIAL BENEFITS OFFERED TO LIVINGLIES SUBSCRIBERS: NEW FEATURE” advertisement attaches my “Case In Point” true story, in what appears to be a sales promotion for livinglies products. At the least, it would seem that people could / would twitter or buzz my story up all the way to Congress. Mr. Obama should know this matter in the same manner as he knew about Joe the Plumber –especially in light of the avalanche of hits after Semidey’s livinglies post of my story! (*Judicial Watch took up Joe’s cause, it might help me? Of course, I’ve made a request.)

    No other blogs have done such a thing as this, in using my “Case in Point” essay. TO reiterate, I have been asking, pleading for help for A VERY LONG TIME. I believe it is past the time for people to ‘give something back’ –if simply making an attempt to aid me in getting from under my mammoth load. I don’t mind helping people, but what about me? As such, here is a reminder of what I am talking about as readers enjoy and benefit from my contribution. The following article that I wrote was among “most read” stories on the Internet, here’s an abstract from Newsblaze:
    >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
    “My story is not a sour grapes foreclosure story; I am not so much calling attention to loss of a home, but rather, to nearly irreparable wrongs that occurred in connection with real estate extortion. My true verifiable story is about how -like an overrun creature lying in the street, my brutal adversaries maimed and left me there! And while I wince in pain, I anguish also for others who have been wronged by brutes. I do not have any other choice except to raise my pen and voice until vindication arrives; and authorities stop the wrongdoers from continuing their harms. Moreover, my situation has little to do with whether I have forgiven them, but it is about my lack of freedom and impediments to my ability to pursue happiness and employment to jobs of my choice.

    “For 4 years, I fought through the court systems to prevent the fraudulent taking of my home. In so doing, I was repeatedly ravished by merciless litigators. They caused me lost jobs and blacklisting. I was always vilified and made to seem like a crazy outcast. I was persecuted and castigated by judges; I spent lots of ill-affordable money in legal costs; my privacy was shockingly, repeatedly invaded; I was falsely arrested; at one occasion, I was so tormented, I went to the bathroom on myself; and my freedom yet remains in jeopardy. Also, there’s an amazing plethora of distorted humiliating documents and statements about me in New Orleans federal court records.

    “Foreclosure mill attorney, Adcock, deliberately filed a foreclosure in the name of an entity which (GE Capital Mortgage Services, Inc) did not have standing for my New Orleans mortgage loan. Although I did not know why Adcock committed that fraud and other frauds, I recognized that my home was being taken through illegal means. I filed judicial challenges, in which I asserted and proved the foreclosure was impossible due to the foreclosure plaintiff’s non-existence. (I might not have been inclined to fight so hard for my home if it were not for the deceptive method in which I could lose it.) The frauds were the red flags that led me to search and find out there was no “perfected lien” on my home; and that a novated loan document was not lawfully enforceable.” *Read entire article @ http://newsblaze.com/story/20100411123047lawg.nb/topstory.html

  26. Abby in CA
    Unless I’m misunderstanding, their money is in Mortgage Backed Securities? MBS? what is ABS?
    Even with government retirement plans, the government is broke!
    Even if they pay it out, that’s money that’s already floating in the economy making the dollar worth less (worthless) And yes, it costs $1 million dollars to buy a certificate because the dollar is worth less and less.
    If the dollar had value, it could purchase that certificate for less than $1 million dollars.
    I remember the movie ‘The Book of Eli” To get his ipod battery charged, he had to trade a nice scarf and some other nice things. No worthless money was transferred. People at that time knew money was worthless.
    Pay attention to the news and hear the words consumer confidence. That means how confident people are that money has value. Notice they say it’s falling. That’s because people have begun to realized we clamored over each other for worthless paper and we endebted ourselves over worthless money, and we lost ourselves in the commercialism of this world.
    We are finding ourselves and realizing we don’t need all that stuff, and as such we don’t need all that money. Now there’s a bunch of it floating around all over the globe and no one is clamoring for it. Now all the holders of this worthless paper want to get rid of it and no one is standing in line to accept the transfer.
    A judge with a decent retirement plan still can’t do anything with it until he spends it. What is he going to spend it on? If there is nothing decent left to purchase, no decent places for entertainment because they are all shut down, no decent places to purchase clothing because all the stores are closing, no decent place to eat out because all the jobs are lost, no decent place to purchase liquor, and all the ‘stuff’ that people don’t want is still sitting on a shelf waiting for him to purchse.
    .Those certificates are as valuable as the next person that wants to buy it. If only the government is selling them, and only the government (or its employees with government money) is buying it, Is that real economics? Sounds like the closed system I said about Walmart. Pays low wages, their employess can only afford to shop where they work. Is WalMart really out of money when they pay their employees or are they economic slaves?
    I put 6 apples up for sale for $5,and I pay you $5 to sell them, you purchase them for $5 because you need them, so you pay me $5 for the 6 apples and then I say I sold 6 apples. Puleeze!
    Karma is a mo-fo. The universe has infinite energy and infinite wisdom and knows all possibilities in advance.
    One universal law is you cannot infringe on the law of free will.
    The knowledge of universal law got lost in the education we were given because the puppet masters control the knowledge and control what we know.
    BUT the founding fathers put that law in the Constitution and tried to forewarn us of it.
    ——– We hold ((((( these truths ))))) to be self evident. —-
    All men are created equal (— the Univeral Law of One)
    that they are endowed by their Creator with certain un-a-lien-able rights…………..

    They knew the basic truths to the entire game. Those laws were violated. GAME OVER! You can’t cheat in the game and force everyone to keep playing. We are all equal. All is One, and we have stopped playing. The clock has started ticking for everyone to cash in their chips and walk away, because the Game is Over!

    A judge is a key factor in this ‘ultimate’ violation of the Law of One.

    You can trick us into doing all kinds of things, but you can’t take anything from us against our free will. If a man calls foul, what man has a right to judge that the one calling foul doesn’t deserve protections of his basic rights.

    You can trick us into giving up our freedoms and our rights through signing contracts and accepting licenses to do things we could do without a license, like travel instead of drive. There is no traveler’s license, but there is a driver’s license.
    But you can’t take our rights from us.
    We were tricked into some bad contracts, but the entities that tricked us are gone. We still had our property when they left.
    That’s the biggest clue that its still our property.

    Thou shalt not steal!

    Judges participating in that fraud is equivalent to us wanting to go after the Notary for rubber stamping bad documents.
    Judges are in the same boat with the attorneys forcing these thefts through the courts with unclean hands so titles can come out “looking” clean.

    I know they aren’t clean, and I won’t buy another house because of that. Game Over!

    Banks stole from us, so I will not ‘give’ them any more of my money for any promises I made, because they broke their promises and violated my Free Will. Game Over!

    We can go after all the puppets we want. It’s the puppet master that operates with impunity. Puppets cannot convict the puppet master. As the other poster said, you do not have a power that was not conveyed to you. A judge can probably sentence the representative for a puppet master, attorney, but can never get to the puppet master.

    That judge’s portfolio has no value. Wait until he tries to spend the money. His retirement fund will be as worthless as ours. Wait until he has all that money and has to spend more of it to attempt to have the same quality of life.
    Wait until his children and grandchildren can’t have what he has, can’t do what he did, and can’t go where he’s been or see the same things he’s seen before they fell into ruin.
    All because of what he’s done.
    There ain’t no way, he can say he didn’t know. And if he doesn’t know. He will soon find out. I’ve got a great vantage point and I can see what’s in store for his retirement money and his future quality of life from here.
    Unless he’s got a private island somewhere like the puppet master; he’ll be right here living in the conditions he helped create.

    Life is sweet!
    at arm’s length
    Ligth and Love
    Trespass Unwanted, sui juris in propria persona

  27. Be a Patriot – Stop your payment !

  28. WAKE UP–judges have their investments & retirements in
    the MBS & ABS …….

    Blackrock is mainstream asset management firm for federal judges’ retirements. It is stated on their retirement management portal.

    It is not a big stretch to also understand that bankruptcy trustees also get federal retirement benefits….

    The MBS & ABS were sold to LARGE institutional investors, such as THE FEDERAL GOVERNMENT!!!

    In the securities trust my loan was in, the minimum amount to purchase just one certificate was $1,000,000.

    Unions also purchased these types of securities. New York Teachers Retirement also purchased some.

    THESE ARE BIG INSTITUTIONAL INVESTORS!!

    probably the Senators and the House Members also own some………

  29. COME ON LAWYERS ON THIS BLOG WE NEED

    COMINGLING OF FUNDS AND DISCOVERY

    THE JUDGES AND LAWYERS DONT KNOW IT YET BUT THEY ARE NOT IMMUNE AND THE BANKSTERS WILL THROW THEM TO THE STREET WHEN THEY ARE OF NO USE TO THEM.

    OUR REDEMPTION IS WITH A 4K-5K STOCK MARKET AND ANOTHER 50% REDUCTION IN PRICES WHERE APPLICABLE AND EMPTY BUILDINGS ALL OVER.

    IT IS FINALLY HAPPENING THE BANKS WILL OWN BUILDING WITH TENANTS WHO CANT PAY THE RENT. CANIBALS

    COMINGLING OF FUNDS AND DISCOVERY

  30. its the wild wild west…and im doing my best….ya and do you see any fear they have no fear because they know there are no consequences…except karma…in there lies my peace

  31. They could NEVER back out of what they’ve allowed to go so long. Backing out now is like making these pretenders locate the original note.

    There is too much paperwork that was filed after the theft to
    seal the deal.

    When everything is shut down or closed down, and the puppet master starts charging more for necessities like water, and food, medicine, and the judge and lawyers retirement funds are worthless cause no one is putting any money in, and those dispossessed have taken hardship withdrawals from it and made it go down, and they get sick, but their doctor is not practicing full time because he has no patients because they have no jobs or no insurance, and the doctor writes a prescription, but the judge or lawyer can’t get it filled because the closest pharmacy is too far away, and the closest gas station is too far to get to in the opposite direction of the pharmacy, and the judges and lawyers are like the rest of us and can’t purchase enough food for their families, or they are on special diets and that food is unavailable because everyone has cut back, and businesses they relied on are shut down and their space is for lease, or they have food allergies or other medical problems the only food available is stuff they can’t eat it, and the US became more and more like a third world country, and the homeless, vagabonds and drug dealers target their homes and their families, and they can’t protect themselves from the people they helped hurt so much;….. then they can take their time and reflect on the days when they rushed through hundreds of thousands of families and displaced them all, because of a select few orchestrated the greatest war on U S Soil without a knife, gun, nor bomb, and the lawyers and judges were the most successful soldiers of the war.

    The titanic is sinking.

    I’m like many others. We’ve been thrown overboard. We have a very good vantage point of the ship and those that are still on it.
    It’s leaning very heavy, and I’m telling you now. It will sink.

    This economy will be hard pressed for another creditor to get a dime. They’ve already been bailed out, should they be paid anything else?
    You don’t have enough money to live in the world you’ve helped create. You are Creators, too!

    You”ll have to stand next to the poor person to get your food rations, too! You’ve seen pictures of ration coupons. Think the Fed is printing more money? Someone probably has those coupons waiting for ‘the day’. Government cheese, anyone!
    I know about government cheese I remember those cheese trucks that drive through our neighborhoods handing it out for free.

    The great depression had lessons.
    There were stories people traded a baby grand piano for a sack of potatoes and some meat.
    Lets see how wealthy judges and lawyers are when “everything is depressed”. Your money spends the same way ours does.
    Worthless money is………..

    I’m waiting and providing focused spiritual energy toward the fall and demise of the entire system that has hurt so many.

    Rome must fall and it will, it will.
    Your signature has sealed your souls. You have interfered with the free will of man and compelled us to perform the obligations of a unconscionable contract, and dispossessed us because of fraud over an unconscionable contract.

    All of this is theft. You sit and judge, or file and assist in theft.

    Thou shalt not steal.

    at arm’s length,
    Light and Love,
    Trespass Unwanted, sui juris in propria persona

  32. TO ANONYMOUSE WITH WHO. WITH THE ONE WHO IS GONNA FORECLOSE ON US.

  33. maineloanmodifications

    Good loan modification with who??? – the servicer??? The servcier has no right to modify your mortgage. Servicers must modify on BEHALF of the creditor – not themselves.. Modifications are a new contract – with the current creditor – and the current creditor only.

    No use for a modification that leaves one with no valid mortgage title. Servicers are part of the problem – and any loan modification under the name of the servicer is simply – bogus.

    THE A MAN – yes, we are in trouble – and this includes not only homeowner victims – but also investors who think they are above the crisis. All is crumbling. But, they keep shouting “moral obligation.” Problem is they have the wrong target for “moral obligation.”

    The fraud is massive.

  34. GET YOUR UMBRELLAS READY THE B-52’S ARE OUT AND THEY ARE GONNA BOMB SH—-T ALL OVER US.

    THANKS TO THE FRAUD THAT THE JUDGES HAVE ALLOWED.

    I CAN NOT DEFEND THE JUDGES ANYMORE NEIGHER DO I FEEL SORRY FOR THEM. 1 MILLION FORECLOSURES ACCORDING TO REALTY TRACK THIS YEAR. THEY CANNOT CLAIM IGNORANCE.

    G-D SAVE AMERICA

  35. Sometimes a short sale application leads to a good loan modification.

  36. UNEMPLOYMENT GOING UP
    STOCK MARKET IS TANKING
    BANKRUPTCIES UP
    CONSUMER SPENDING TANKING
    FOR LEASE AND FOR SALE SIGNS EVERYWHERE.

    TO THE JUDGES IN AMERICA THANK YOU FOR NOT DOING YOUR JOBS.

    G-D SAVE AMERICA

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Follow

Get every new post delivered to your Inbox.

Join 3,559 other followers

%d bloggers like this: