HSBC Bank USA, N.A. v Taher | Judge Schack hits HSBC for ‘frivolous motion’ in foreclosure

Supreme Court Justice Schack hits HSBC for ‘frivolous motion’ in foreclosure, asks boss to explain

A Brooklyn judge has ordered the head of one of the nation’s biggest banks to appear in court and explain why it should not be penalized for submitting false documents in a foreclosure case.

In a scathing decision issued Friday, Supreme Court Justice Arthur Schack dismissed HSBC’s case against Bedford-Stuyvesant homeowner Ellen Tahrer as a “frivolous motion” and a “waste of judicial resources.”

The bank failed to prove it even owned the $475,000 mortgage on Tahrer’s home, Schack ruled. Instead, its lawyers submitted documents from several notorious “robo-signers,” all of which claimed the original loan had been transferred to HSBC from Delta Funding Corp., the original lender, which declared bankruptcy in 2007.

Those documents were “replete with false statements,” Schack ruled. He ordered the British bank’s North American CEO, Irene Dorner, to appear July 15 to explain.

Tahrer, 55, the delinquent homeowner, still lives in the two-story home and had no idea what had happened with her case.

Check out the rest of the story here…

Full ruling below…



HSBC Bank USA, N.A. v Taher

9 Responses to “HSBC Bank USA, N.A. v Taher | Judge Schack hits HSBC for ‘frivolous motion’ in foreclosure”
  1. Anon says:

    And just like that, Schack’s decision gets reversed on appeal:

  2. tnharry says:

    this isn’t one of NY’s highest judges – the Supreme Court is actually one of the lowest courts in NY. It’s a trial court, not an appellate court

  3. eyesoars says:

    Will anyone from the public be present and make notes on Friday, July 15, at 2:30 PM in room 479, 360 Adams Street, Brooklyn, NY?

    I’d take bets against Irene M. Dorner showing up. And I seriously wonder if she’ll have counsel there other than Mr. Frank Cassara.

    Getting NY’s highest judges p*ssed off at you doesn’t seem like a good idea. And nobody’s yet litigated the PSAs that are to be adjudged by New York law…

  4. Jason Werner says:

    Every motion by an FDIC-member bank is frivolous, which is obvious, but judges’ “service” on the bench is absolutely vain and repugnant when they refuse to hit the banks for sanctions and refuse to allow discovery.

  5. Fury says:

    damn, i like this judge.
    i wish all NYC judges could be like him.

  6. IT’S ABOUT TIME!!!!!!
    Hooray! It’s about time HSBC got busted. They are horrible!! They lie, cheat and use scare tactics as they call and badger you constantly – not to mention how they bully you with every phone call. We are currently going through a nightmare with them and getting no where! We took out a refinance loan with them in 2008, shortly after which they closed their local office in the next town where we dealt with them. We wanted a 20-year loan, they put 15 years in the contract. We were told we were getting an interest rate of 7.5% and in the contract they had 9.88%. NO WONDER THE PAYMENT WAS STRANGLING US!!! AND HAS BEEN EVER SINCE. I lost my job, and we were in dire straights. They didn’t care. Their modifications are a joke. What is $200.00 off an $1400.00 mortgage payment and they want you to think they care and are working with you! When I called them on it, they said “Oh well, you should read what you sign!” It has been an ongoing, never-ending nightmare since the day we signed. I could go on and on and on! I now have a lawyer and I am seeking others who have been screwed over by them. I KNOW THERE ARE MILLIONS OF YOU OUT THERE. WE MUST BAN TOGETHER AGAINST THEM BY TELLING OUR STORIES TO ALL OF OUR REPRESENTATIVES OF OUR HOME STATES. THEY SHOULD NOT BE ALLOWED TO GET AWAY WITH THIS BS! These homes are ours and we are willing to do a lot to keep them, but they have other intentions in mind. They need to be stopped.

  7. FEDUP says:

    I pointed out an assignment from a defunct entity and judge just lied on his order, oops, “misrepresented the facts” and denied my motion.

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

    The hearing is scheduled for this coming Friday. Wowzah!!

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