NY POST – Fraud-closure biz fizzles out

New York Post

Bank lawyers prosecuting the 80,000 foreclosure cases in New York are all but admitting that the cases they have filed over the past number of years have been riddled with fraud.

In the three weeks-plus since New York State Chief Judge Jonathan Lippman put the foreclosure lawyers on notice that any fraud in foreclosure paperwork would be met with severe penalties — he is making lawyers sign affirmations promising they took “reasonable” steps to make sure the legal papers are truepractically no new foreclosure cases have been filed, The Post has learned.

And existing cases have ground to a halt, a source close to the state’s foreclosure practice said.

“Banks do not want to be the first to test the new rules,” the source said.

The virtual shutdown of New York’s foreclosure business comes despite chest-thumping, bravado-filled statements made by some banks in October that they had nothing to be afraid of when it came to foreclosure fraud and that the lawsuits aimed at kicking delinquent homeowners from their houses would continue shortly.

It seems lawyers pressing the foreclosure cases are not willing to bet their law licenses on such claims.

~

4closureFraud.org


I sure could use some…

Comments
15 Responses to “NY POST – Fraud-closure biz fizzles out”
  1. Michelle says:

    Can I get a copy of a pooling and service agreement? Are they individual to the companies involved?

  2. I may be wrong on this…but I have dug into the Prospectus and Pool & Servicing Agreements and I decided the banks speak with fork tongue..when comparing what they say. They chose not to record any assignments or transfers to save time. The notes had 4 steps to get to the trust…yet no record of those 4 steps. Did the trust even get the notes…I found where WaMu said they were keeping the notes and the trust would not have them. Yet the Pool went to the trust…than sold as securities. Now the way I understand..Once a Note is securitized, it was no longer a Note and would never be a Note again. It became a security. If the Note was sliced and sold..my questions are…. With that in mind..how can a bank foreclose on a Note that has been sold. .and how can a trust sell something they don’t even own if the bank kept the Notes? Checking the Land Records and the Court Docket shows nothing recorded but the mortgage at closing and the foreclosure…2 different banks yet nothing to show any recorded assignments or transfer. And if the Note was securitized neither bank would have the Note. Am I missing something here? And I also love the way the Prospectus and the Pool & Servicing Agreement say Exhibit D in the Pool agreement of 300 pages shows all the information about each loan included in the Pool..list everything so you can find your mortgage.. So I scan thru all till I get to the schedule Exhibit D only to read…” it has been deliberately omitted”. It gave phone numbers to receive a copy…phones are no longer in service. Now I have a broker/Company out of business, a bank that was seized, A prospectus and Pool Agreement that omitted Exhibit D, and nothing recorded between the closing and foreclosure and a bank that has not proved they own it to foreclose…the court gave them another chance but so far nothing. I feel they lied so much and fraud was so deep that they forgot the important steps to foreclose as if no one would be smart enough to catch them.

  3. PJ says:

    Looks like Baum is taking the heat for Shapiro & DiCaro (NY) who lost the landmark case back in 2009! Just where is Shapio hiding out these days? His network of firms are filing false foreclosures all over the USA and not a peep about him and his minions in all of this… even though he defaulted on a CMBS loan just recently! What happened with that deal?

  4. l vent says:

    TELL EVERYONE YOU KNOW TO GOOGLE OR YAHOO SEARCH; ALEX JONES, INFOWARS.COM, PRISON PLANET, THE NEW WORLD ORDER, THE COUNCIL ON FOREIGN RELATIONS, THE TRILATERAL COMMISION, THE BILDERBERGERS, THE CLUB OF ROME,THE WORLD CONSTITUTION AND PARLIAMENT ASSOCIATION, YOU TUBE VIDEOS ABOUT CONSPIRACIES, HERBERT HOOVER, F.D.R., THE GREAT DEPRESSION, WORLD WAR 1 AND 2, PEOPLE RIOTING, RT NEWS, GOLDMAN SAKS, AIG, JESSE VENTURA. GLENN BECK.SEE IF YOU CAN FIND GARY KAH’S BOOK, EN ROUTE TO GLOBAL OCCUPATION. SHARE THE KNOWLEDGE BY SPREADING THE TRUTH.

  5. housemanrob says:

    FINALLY, JUSTICE FOR THE PEOPLE! CONGRATULATIONS TO NEW YORK STATE. LET THIS BE ” THE LEAK IN THE DAM” FOR THE REST OF US MIDDLE AMERICANS!

  6. indio007 says:

    What should have been done long ago was to go after the rubber stamping judges. Some of the fraud is on the face of the paper work. This means that there was no cause of action and no standing.
    I’m not talking about voidable cases. I’m talking about void ab initio. Coram Non Judice. NO SUBJECT MATTER JURISDICTION= NO IMMUNITY.

    Where there is no jurisdiction over the subject matter, there is, as well, no discretion to ignore that lack of jurisdiction. [John J. Joyce v. United States of America, 474 F.2d 215, 219] Joyce v. U.S., 474 F.2d 215, 219 (C.A.3 (Pa.), 1973)

    “Where there is no jurisdiction, there can be no discretion, for discretion is incident to jurisdiction.” Piper v. Pearson, 2 Gray 120, cited in Bradley v. Fisher, 13 Wall. 335, 20 L.Ed. 646 (1872)

    A judge must be acting within his jurisdiction as to subject matter and person, to be entitled to immunity from civil action for his acts. Davis v. Burris, 51 Ariz. 220, 75 P.2d 689 (1938)

    Generally, judges are immune from suit for judicial acts within or in excess of their jurisdiction even if those acts have been done maliciously or corruptly; the only exception being for acts done in the clear absence of all jurisdiction. Gregory v. Thompson, 500 F2d 59 (C.A. Ariz. 1974)

    There is a general rule that a ministerial officer who acts wrongfully, although in good faith, is nevertheless liable in a civil action and cannot claim the immunity of the sovereign. Cooper v. O’Conner, 99 F.2d 133

    When a judicial officer acts entirely without jurisdiction or without compliance with jurisdiction requisites he may be held civilly liable for abuse of process even though his act involved a decision made in good faith, that he had jurisdiction. State use of Little v. U.S. Fidelity & Guaranty Co., 217 Miss. 576, 64 So. 2d 697.

    “No judicial process, whatever form it may assume, can have any lawful authority outside of the limits of the jurisdiction of the court or judge by whom it is issued; and an attempt to enforce it betond these boundaries is nothing less than lawless violence.” Ableman v. Booth, 21 Howard 506 (1859).

  7. l vent says:

    WE THE PEOPLE need to PAY ATTENTION to what is going on in the U.S.A. Look what has happened and is STILL happening to our nation WHILE WE WERE NOT PAYING ATTENTION I think that those of us coming to this website seeking knowledge and other links that 4closurefraud is offering like INFOWARS, ALEX JONES and the like are meant to wake up AMERICA. AS IS GLENN BECK. We need to tell everyone we know, our friends, our family what is happening to America if they are NOT OAYING ATTETION, though I think most American’s now know the truth of what this all is. When we DO NOT PAY ATTENTION this is how the POWERS THAT BE GAIN CONTROLand WERE GAINING CONTROL until AMERICA WOKE UP. CNN SUGGESTED LAST WEEK THAT SMART IS THE NEW RICH. I believe this is true!! DEFEND YOUR FRAUDCLOSURE, STOP PAYING PROPERTY TAXES, AND FIGHT FOR WHAT YOU HAVE LEFT BECA– USE YOU MAY NEVER HAVE IT AGAIN IF YOU ARE NOT SMART ABOUT WHAT YOU NEED TO DO TO KEEP WHAT YOU HAVE LEFT. President Obama is doing exactly what he said he was going to do, He is SPREADING THE WEALTH AROUND THE WORLD. Take the GM stock offerings as one example and QE2 as the other. GM does not want to include the AMERICAN INVESTORS IN THEIR STOCK OFFERINGS BUT THE SAUDI’S AND CHINA ARE IN. This is all part of a bigger plan by the new world order to GAIN CONTROL OF THE PEOPLE and level out the playing field around the world. AS LONG AS WE ARE PAYING ATTENTION, THEY CANNOT SUCEED IN COMPLETE CONTROL AND DOMINATION OF ALL OF US. IF ALL OF US DO THE THINGS WE NEED TO DO INDIVIDUALLY TO DEFEAT THIS AGENDA, WE ALL BECOME A COLLECTIVE FORCE IN THE FIGHT TO RESTORE OUR COUNTRY. WE NEED TO PAY ATTENTION AND WAKE UP AMERICA, THE POWERS THAT BE DO NOT LIKE THAT!!!! KNOWLEDGE IS POWER!! WE NEED TO SPEAK OUT IF WE DO NOT LIKE SOMETHING AND LET THE POWERS THAT BE KNOW THAT WE ARE PAYING ATTENTION AND WILL NOT LET THEM ROB US OF ANYMORE FREEDOM OR WEALTH. WE CAN DO THIS AMERICA AND DO THIS PEACEFULLY BUT STRATEGICALLY. GOD BLESS AMERICA!!!! WAKE UP AND STAY AWAKE AMERICA!!!!!! WE MUST DO THIS OR WE ALL KNOW WHAT IS NEXT FOR THIS COUNTRY AND IT IS NOT PRETTY!!!!!

  8. Stupendous Man - Defender of Liberty - Foe of Tyranny says:

    I should already have this, but I don’t. Can someone provide a link to the New York Order?

  9. pelucheven says:

    So now they are in self preservation mode?

    We need to go back to all these criminals illegal FraudClosure filings and get them all disbarred.

    This is the only way they will learn not to mess up with the law and the people of this country.

    Can you imagine what is going on in all the Non Judicial States?

    And the Banksters still claim this to be just a clerical issue?

    Every one with a mortgage should consider suing for quiet title!!!

  10. I was one of the first to identify and call attention to the use of toxic document to enforce foreclosure thereby perpetrating fraud and deceit upon the court and the defendant. It is my legal opinion that toxic documents need not be a barrier to foreclosure. Instead, all that is needed is for the lying banks to stop using fabricated documents and tell the truth. The system used by the banks in fact will substantiate enforcement of foreclosure. What stops foreclosure in New York State is simply the inability of the banks to realize that the system for registering transfer of the mortgage note and record keeping used for securitized mortgages is legal and effective for purposes of foreclosure.

    • pparke500 says:

      Then how do you counter the defense that when Freddie Mac PURCHASES the loans and puts them into a mortgage pool that the note becomes unsecured debt and the servicing bank can no longer foreclose on the home?

      • RAMONA says:

        How about truth in lending? if a homeowner signs a contract to buy a home with a bank, when it is payed off you expect the home to then become your home! what happened to that?

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