Foreclosure Fraud - Fighting Foreclosure Fraud by Sharing the Knowledge

FORECLOSURE FRAUD | by DinSFLA

Monday, December 20, 2010

Judge New York Denies Foreclosure

MIND-BLOWING!! NY JUDGE DENIES 127 FORECLOSURES PURSUANT TO ADMINISTRATIVE ORDERS FROM CHIEF JUDGE, ROBO SIGNING


Posted on16 December 2010. Tags: Aurora, bank of america, Bank of New York Mellon, chief judge jonathan lippman, citimortgage, countrywide, DEUTSCHE BANK NATIONAL TRUST, fein, foreclosure fraud, Gess Gess & Scanlon, GRP Loan, HSBC, indymac, Jay L. Yackow, JNL Funding, Jordan S. Katz, jpmorgan chase, Judge PETER FOX COHALAN, Law Office Of Steven J. Baum, McCabe, MERS, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., NATIONAL CITY BANK, Nationstar Mortgage, new york, ny supreme court, onewest, option one, P.C., Residential Funding Company, Rosicki, Rosicki & Associates, Solferino& Solferino LLP, Steven J. Baum p.c., such & crane, us bank, Weisberg & Conway, wells fargo, Wilmignton Trust





JUDGE COHALAN IS JUDGE OF THE WEEK!!!



“Issues”…Nah no “issues”? If this isn’t sending us a message or 127 messages that there aren’t any “issues”… Let them continue to submit exactly what they were filing before the *New Rule*… don’t stop now! Believe me there is more than these!





EXCERPT:



Pursuant to an Administrative Order of the Chief Judge, dated October 20, 2010, all residential mortgage foreclosure actions require an affirmation from the attorney representing the plaintiff/lender/bank, as stated in the affirmation attached to this order, that he/she has inspected all documents.





The plaintiff is also directed on any future application to provide a copy of this Court’s order, the prior application/motion papers and an updated affidavit of regularity/merit from the plaintiff/lender/bank’s representative that he/she has reviewed the file in this case and that he/she documents that all paperwork is correct. The plaintiff/lender/bank’s representative shall also provide in said affidavit of regularity her/his position, length of service, training, educational background and a listing of the documents and financial records reviewed substantiating the review of the amounts owed. The affidavit should also include that she/he has personally reviewed both the mortgage and the note and any assignments for accuracy.





The plaintiff bears the burden of proof in a summary judgment proceeding and judgment will only be awarded when all doubt is removed as to the existence of any triable issue of fact. Under the present circumstances, where there have been numerous instances alleged as to “robo” signing of documents and a failure to attest to the accuracy of documents in mortgage foreclosure proceedings, the plaintiff must prove its entitlement to foreclose on a mortgage as a matter of law by establishing the regularity and accuracy of the financial documentary evidence submitted and the Court will be scrutinizing all documents for accuracy.



The foregoing constitutes the decision of the Court.

http://stopforeclosurefraud.com/2010/12/16/mind-blowing-ny-judge-denies-127-foreclosures-pursuant-to-administrative-orders-from-chief-judge-robo-signing/

2 comments:

  1. Finally i have found some reasonable debate on this issue.

    ReplyDelete
  2. what about unethical yackow?

    ReplyDelete