Daily Finance | Why a New York Judge Is Throwing Out Foreclosure Cases

Why a New York Judge Is Throwing Out Foreclosure Cases


On Oct. 20, New York state courts cracked down on robo-signing by ordering attorneys for foreclosing banks to swear that they had personally confirmed that the documents they are submitting are true and accurate. So far, attorneys haven’t been able to file many of the necessary affirmations.

Now, Judge Arthur M. Schack of Brooklyn has taken things a step further. Since the banks in cases before him have yet to begin complying with the new court rules, he has started throwing out foreclosure cases. But the question isn’t whether the banks will now choose to start complying with the rule: The question is: Will they even be able to?

“You Have to Obey Court Orders”

The first case Judge Schack tossed was Citibank, N.A. v. Murillo, which he dismissed with prejudice on Jan. 7, as the blog StopForeclosureFraud reported. The attorneys for Citibank (C) in that case were from the Steven Baum law firm, a foreclosure mill that has been sanctioned for its involvement in frivolous cases. If the Baum firm couldn’t file a timely affirmation in the Murillo case, how many of its other cases will it be able to file affirmations in?

Schack tells me he’s thrown out a dozen or so more since Murillo, and he says until the banks and their attorneys start obeying his order to comply with the new affirmation rule, he’ll keep tossing cases. A court order is a court order, Schack explains. “They can’t just ignore it. In Murillo, they asked for more time, but they didn’t give me a reason. It doesn’t matter who you are, you have to obey court orders.”

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7 Responses to “Daily Finance | Why a New York Judge Is Throwing Out Foreclosure Cases”
  1. Judge Schack represents the 99%. I wish we had judge Schack in Pa. when my family lost 109 acres to a fraudulent bank, and land developer. Then sold my parents their own home back to them. My father had a 8th grade education, and my mother could not read or write, and my brother re cooperating from brain surgery all had to sign.

  2. Ellen says:

    I say Judge Schack is standing up for the 99%. The law is the law and court orders are court orders. I wish we
    had Judge Schack in Pa. when my parents lost there farm by fraud.

    Keep up the great work Judge Schack

  3. Judy Lynn Clark Ferguson says:

    Not even the FBI will help, they will tell you to contact your Attorney General. I have contacted my Attorney General and I have not receive a reply, not even to the fact that he recieved my certified letter. I sent another letter yesterday so we will see. You can’t really find an Attorney that will go up against these fraudsters. Bierman, Geesing, Ward, Wood -Wells Fargo NA, Option One Mortgage, now American Home Servicing
    filed false affidavits with Robo signers Laura Hestcott, and Matthew allen Banaszewski Notary – a Deed of Appointment of Substitute Trustee in consideration of the sum of Ten Dollars ($10.00) January 7, 2008.
    I have been force into Bankruptcy twice each time the payoff is way more than is owed on the note according to equifax. They have said that i missed payments and I have my certified receipts. The first time I did not dispute the claim but I will dispute the claim this time. I need relief from these fraudsters and I need to know how to get it when I have a forged document, false affidavit, and forged notorized signatures on a mailed document to the Roanoke City Circuit Court on my land records. It has to be some type of loophole in the Law that allow these people to keep on signing these documents, and foreclosuing that no one has explained. I would like to know if anyone knows what the loophole is?

    Thank you,

    • John Bloom says:

      Judy Lynn Clark, Do you still have these assignments…? I have those names on my Fraud as well….I am still fighting the fight…..Can you call me or email me…Thanks
      John Bloom Eugene, Oregon email johnsc2c@gmail.com
      Many thanks Hope you are still in your home

  4. MSJ says:

    GOD Bless Judge Shack

  5. Debbie says:


  6. housemanrob says:

    Here we have an american hero. Judge Schack…..a giant among men!

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