NY Judge SPINS US BANK for BAD FAITH MISUSE of “TRIAL PAYMENTS”

COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary

ANOTHER “BANK” MODIFICATION SCAM ON HOMEOWNERS

EDITOR’S NOTE: Here is standard operating procedure throughout the industry. Once again, it is fraudulent. This example, the homeowners made $22,000 in payments (to a non-creditor) believing they were headed for a negotiated settlement based upon assurances from the pretender lender while the whole time they never had any intention of settling, modifying or anything else (no doubt because they were fraudulently representing themselves to be the creditor and couldn’t negotiate or modify anything at all).

Judge Spinner pierced right through all the foggy bottom arguments and paperwork and saw the behavior of US Bank for what it was — BAD FAITH. The result? The “plaintiff” got nothing. I would argue they should have received much more than that in the form of sanctions for contempt of court and attempted use of the court as vehicle for fraud, and the court is holding a hearing on that very issue. We’ll see what happens.

Judge SPINNER: “…while Defendants were assiduously attempting to re-negotiate a modification, plaintiff was instructing its counsel to continue prosecution of the foreclosure action. It is painfully obvious to this Court that Defendant relied upon representations made by Plaintiff and acted affirmatively based upon those representations, all to their serious detriment. ….’A Party having a legal right shall not be permitted to avail himself of it for the purposes of injustice or oppression…’ 124 NY at 179”

12.01.2010 NY JUDGE SPINNER-U-S-Bank-Natl-Assn-v-Mathon

FORECLOSURE FRAUD | by DinSFLA

http://stopforeclosurefraud.com

[NYSC] JUDGE SPINNER LETS U.S. BANK HAVE IT “HAMP FAIL” U.S. Bank Natl. Assn. v Mathon – 2010-12-03 20:01:34-05
Question where exactly these “trial payments” went U.S. Bank Natl. Assn. v. Mathon 2010 NY Slip Op 52082(U) Decided on December 1, 2010 Supreme Court, Suffolk County Spinner, J. The issue of the claim of the forbearance/modification agreement, however, is an entirely different situation, one that is considerably troubling to this Court. Defendants assert (and Plaintiff does not in […]

11 Responses

  1. to anonymus:

    Why if, a homeowner represents themselves in ny supreme and I already had the bank’s attorney (Astoria Federal S & L ) state in court (from a void judgment ab initio ) it’s indemnify, indemnify indemnify – we are stepping aside and the title comings are coming in and then the title companys do not want to indemnify but wanted to be intervenors instead and be heard. Fidlelity National Title and Coronet Title attorneys told the court time makes a forged deed good.

    When the title attorneys told Judge Schlesinger We have” equity” her ears perked up and she ruled against the law.
    A FORGED DEED CONVEYS NO TITLE

    Five Appellate Judges refused to reverse Justice Schlesinger decision. and in a lenghty decision angrliy changed the documented facts and attacked me The Court of Appeals decided “this decision is not within the meaning of the Constitution Yet when I went back to the Appellate Court for a final determination from the Appellate court they refused to make a determination for purpose of an appeal to the Court of Appeals. My title has never left me and yet the title companies that insured the forged deeds are keeping their customers in my two condos. I filed a report with the Dept of Judicial Conduct on July 7 2010 and yesterday I received their answer -the judges did nothing wrong.

    My question is “is their a WAY TO GET A MARSHALL OR SHERIFF TO CLAIM MY PROPERTY FOR ME?

    I went to Wm P Foley CEO of Fidelity National Title, Chairman of LPS and their response to me was – it is proper to fight for a forged deed… Forged Deeds have no equity so when the title attorneys stated in front of Justice Schlesinger we have equity it had to be for money under the table for the judge. Justice Schlesinger was an original plaintiff in the lawsuit fighting for more money for the Judges. So no judge wants to go against her. help help help Thanks

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  2. msoliman

    Nice that you support some case law for investor fraud. Personally believe that investor lawsuits help homeowner/consumer victim fraud claims. And, would like to see some succeed.

    As you know, most of the readers here are not investors — but, instead homeowners – consumers – who are not held to the same standards as investors.

    Case law supporting investor claims for fraud is weak – and this is due to sophistication of investors – which consumers are not held to same standards.

    Conclusion for the case you site is —

    UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

    592 F.3d 347; 2010 U.S. App. LEXIS 1522; Fed. Sec. L. Rep. (CCH) P95,585

    November 13, 2009, Argued
    January 25, 2010, Decided

    III. CONCLUSION

    For the reasons set forth above, we conclude that plaintiffs have not identified any unlawful omissions in the Funds’ Offering Documents. Therefore, their claims under sections 11 and 12(a)(2) of the Securities Act were properly dismissed. As such, we find no error in the district court’s dismissal of plaintiffs’ claims for control-person liability under section 15. We have considered plaintiffs’ remaining arguments and find them to be without merit. Accordingly, the district court’s February 2, 2009 order is hereby AFFIRMED.

    Nevertheless, appreciate investor fraud claims as this supports consumer fraud — and consumers are not held to same standards – which means consumers should have advantage in court. Since this is not yet happening — need all the investor fraud claims we can get. But, need criminal prosecution – as courts are not upholding civil liability.

    Thanks.

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  3. Gravamen – The basis or essence of a grievance; the issue upon which a particular controversy turns.
    .
    ———————————————————————-
    gravamen n. the basic gist of every claim (cause of action) or charge in a complaint, particularly the failure to perform. Example: in an accident case, the gravamen may be the negligence of the defendant, and in a contract case, it may be the breach of the defendant. (See: complaint, cause of action, charge)

    1. In re Morgan Stanley Tech. Fund Sec. Litig., 643 F.Supp.2d at 369 n. 2.

    The gravamen of both actions is that defendants failed to disclose that the Morgan Stanley broker-dealers affiliated with the Funds suffered from internal conflicts of interest, and, because

    a. the Funds’ managers relied on these broker-dealers’ stock research,

    b. the broker-dealers’ conflicts increased the risk to investors associated with purchasing shares of the Funds.

    Its known as in law that part of an accusation weighing most heavily against an accused

    2. law the substance or material grounds of a complaint – a rare word for grievance

    In English ecclesiastical law, the term gravamen referred to a grievance of which the clergy complained before the bishops in convocation

    By M.Soliman
    expert.witness@@;ive.com

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  4. […] This post was mentioned on Twitter by AskLaLa, USA Advocate. USA Advocate said: NY Judge SPINS US BANK for BAD FAITH MISUSE of "TRIAL PAYMENTS": http://t.co/bFo28eL […]

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  5. It is a wonderful and proper idea that Judges have to swear in an affidavit that they are ruling according to the law of the land and not ruling according to their personal agenda.
    In my case : Astoria Federal S & L Successor in Interest to Fidelity NY FSB v Marilyn Lane started by Fidelity hiding four of my mortgage payments on two NYC Condo in order to accelerate and foreclose and demand real US money for the banks created “money” or credit. I had the four checks silently returned to me by US mail as if I never sent them.What the fraudsters at Fidelity didn’t realize was the checks they said they never received had bank markings of having been posted to their ledger.

    On May 8 1997 filed a Petition in US District Court . to rule on 1. the newly discovered evidence that Fidelity created money in direct prohibition to Art 1 Sec 10 Para 1 of the US Constitution. and 2. The Federal Statute of 30 day Notice. The Hon Louis L Stanton read my Petition accepted it for filing and had me go to the Federal clerk, to pay my fee and was given a docket number. On May 8 1997 I also filed a copy of the record of the case and demanded and paid for a jury trial. I wanted to tell 6 or 12 people what racketeers were doing at that bank. On May 9 1997 I filed a copy of the petition in county clerks office of NY Supreme . On May 13, 1997 I sent a copy of the docketed Pet. to the bank’s corrupt debt collector attorneys Mullooly, Jeffrey, Rooney & Flynn.

    Judge Stanton issued his first orders and directed I make a money demand upon the bank.

    Pursuant to USC Title 18 1446 d -…the STATE SHALL PROCEED NO FURTHER unless and until the case is remanded. However State Judge Carol Arbor did not stop and continued on and on June 30 1997 without jurisdiction sighed the two judgments of foreclosure.

    On July 23 1997 the corrupt attorneys spoke to Judge Stanton and abrubtly on July 29, 1997 the Federal Clerk sent the certified letter to the State Clerk remanding the case.

    Those June 30 1997 Judgments were void ab initio.

    I told the corrupt attorneys Mullooly Jeffrey Rooney &Flynn and the corrupt referee Penny Stark this is illegal ” you cannot auction off my two condos this is illegal” And Timothy Rooney replied “who is going to stop us?” I gave out the history of the case and all the attorneys who came to bid left and they auctioned off my two properties to straw buyers one to Cheetah Realty and one to a Fang Li who eventually stole my Social security number.

    I was ousted. I went to Florida to put a roof over my head. I wrote a little book and sent it to Federal Senators, Federal Judges. OCC, OTS, SEC, WSJ etc etc etc

    In response to the book I went back to NY Supreme in Sept 2008 and pursuant to US Supreme Court case Elliot v. Piersol filed two orders to show cause to mark vacated the void ab initio judgments for lack of jurisdicction . And that was when Justice Alice Schlesinger got the case

    . Astoria Federal S & L had gotten rid of corrupt Mullooly Jeffrey Rooney and Flynn and the banks new attorney Arthur Walsh of O’Reilly, Marsh & Corteselli reading the case stated in NY Supreme it’s indemnify, indemnify indemnify. We are stepping aside and the title companies are taking over.

    The Title attorneys Thomas Malone esq of Fidelity National Title and David K Fiveson esq of Coronet Title did not want to indemnify but wanted to be intervenors and be heard – and what they told the court was that time makes a forged deed good.

    The title attorneys told justice Schlesinger She “(Marilyn Lane doesn’t know about “equity”
    and Justice Schlesinger said to me “it doesn’t look good for you and ruled against the law of a forged deed.
    .
    Justice Schlesinger decision in December 2008 ignored the US Supreme Court case of Elliot v. Piersol and stated “the judgments might might not have been enforcable immediately” and then weaves a tale of hokus pokus how invalid judgments become valid.
    A JUDGMENT IS EITHER VALID OR INVALID.

    David B Saxe, David Friedman, Karla Moskowitz, Helen E Freedman and Rosalyn Richter
    Five NY appellate judges refuse to give a final determination for purposes of an appeal to the Court of Appeals although Chief Judge Jonathan Lippman ruled the appellate decision is not within the meaning of the Constitution ., and yet he won’t hear the case for Judicial Review.

    All these judges want to give my two NYC condos to their friend holding forged deeds. These Judges took an oath to uphold the Constitiution . Their fidelity is to the Constiitution and not to their friends.

    Pay attention to the name Wm P Foley II CEO of Fidelity National Title, Chairman of LPS creator of DOCS -ALL WORKING BEHIND THE SCENES TRYING TO STEAL PROPERTIES FROM THE TRUE OWNERS.

    New York State needs more JUDGE SPINNERS AND JUDGE SCHACKS New Yorkers are entitled to honest judges.

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  6. […] NY Judge SPINS US BANK for BAD FAITH MISUSE of “TRIAL PAYMENTS” Posted on December 6, 2010 by Neil Garfield […]

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  7. It is a wonderful and proper idea that Judges have to swear in an affidavit that they are ruling according to the law of the land and not ruling according to their personal agenda.
    In my case : Astoria Federal S & L Successor in Interest to Fidelity NY FSB v Marilyn Lane started by Fidelity hiding four of my mortgage payments on two NYC Condo in order to accelerate and foreclose and demand real US money for the banks created “money” or credit. I had the four checks silently returned to me by US mail as if I never sent them.What the ffraudsters at Fidelity didn’t realise

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  8. GEORGIA RESIDENTS: I have anattorney in GEORGIA who is wanting to file a CLASS ACTION LAWSUIT against Bank of America & BAC. If you want more info e-mail me at sonya36767@yahoo.com

    Like

  9. This article is textbook “Parallel Foreclosure” first being inflicted on the homeowner, and then being dismissed as fraud by the court!

    I have written a piece that identifies the origins of Parallel Foreclosure and how it will probably hurt the homeowners foreclosure movement if the cases that involved Parallel Foreclosure are not properly labeled as such.

    http://parallelforeclosure.blogspot.com/2010/12/why-does-news-industry-continue-to.html

    Like

  10. all of the judges are not on the same “page” when
    it comes to these mortgages and documents. Maybe this Judge Schlesinger and many other Judges have ‘stocks’ or some kind of “investment” with the mortgage companies and/or banks they
    rule in favor of, or maybe the judges are not that familiar with law. It wouldn’t be a bad idea if ALL the JUDGES had to submit a sworn affidavit that
    swears THEY have no connections with anyone connected with the cases they are in charge of. These Judges should have to swear before Judge Jonathan Lippman. The Judges should be held accountable, just like everyone else.

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  11. My judge in New York Supreme Alice Schlesinger does not rule with the honesty of Judge Spinner.
    Justice Schlelsinger thinks forged deeds insured by Fidelity National Title and Coronet Title
    can steal property from the true owner.
    I am sure Judge Spinner thinks a forged deed conveys no title. –
    Yeah Judge Spinner Boo Justice Schlesinger

    Like

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