Steven J. Baum | Rule Affirming Foreclosure Cases are Accurate is Unconstitutional

“Under the rule, banks’ attorneys in each foreclosure must affirm in writing that they communicated with their clients, that the client reviewed the documents and that the documents are accurate. The attorneys must also affirm, under penalty of perjury, that the papers are correct. Otherwise, the foreclosure can’t proceed.”

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This guy does not know when to quit.

The rule in question in NY is similar to Florida’s Verification of Complaint rule that had major push back by Shapiro & Fishman last year.

Now it is unconstitutional to tell the truth?

This firm needs to be shut down just like his counterpart in FL David Stern…

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Foreclosure law firm is battling rule on accuracy

N. Y. ‘procedural hurdle’ called unconstitutional

Attorneys for New York State and a delinquent Buffalo borrower facing the loss of her home squared off in court Monday against Steven J. Baum PC, as the state’s biggest foreclosure law firm sought to have a new court mandate for accuracy of documents declared unconstitutional.

The Baum firm wants a state court in Buffalo to overturn a statewide administrative rule, which the firm contends is impeding the rights of its bank and mortgage servicing clients, and intruding on the power of the local court.

The Amherst firm’s attorneys describe a “procedural” but illegal regulation as the only remaining barrier to having the Black Rock home of Shauna M. Foster seized and sold at public auction to satisfy a debt.

“This creates a procedural hurdle [that] prevents them from going to sale,” said Baum attorney Tracy M. Fourtner. “My client’s statutory remedy is being impaired. . . . The only thing that is holding up the plaintiff’s right is this order.”

The firm doesn’t say why it can’t or won’t comply with the rule. But Baum’s attorneys contend that the state’s chief administrative judge exceeded her legal authority when she issued the rule in October 2010. They cite a February 2011 decision by a state judge in Suffolk County who found the rule unconstitutional.

However, the state Attorney General’s Office, intervening in the private case because of the constitutionality issue, said the rule is needed to protect the integrity of the legal system, by guaranteeing factual papers.

Check out the rest here…

“The firm doesn’t say why it can’t or won’t comply with the rule.

Maybe because they are LYING???

No, that wouldn’t happen…

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4closureFraud.org

Comments
7 Responses to “Steven J. Baum | Rule Affirming Foreclosure Cases are Accurate is Unconstitutional”
  1. Private D.A. says:

    Listen up !!! Courts can only decide things when things are put before them. Baum says it’s worth a chance to try !
    What that should tell YOU, is that it’s worth your while to ask a court to hold an evidentiary hearing after granting full scale discovery…and set your foreclosure aside (even if it’s been foreclosed on a while back). A good litigation atty who loves Law and Motion practice and dilligently reads evey Appellate decision should do the trick…and pay them per service, NOT on a retainer…they can probably style your case so you can recover all your costs including their fees, get you statutory penalties and maybe treble damages…and maybe your foreclosure thrown out. Ask them how good they are at getting sanctions (and court’s making referrals to the Bar) against attorneys like Baum…BTW, a legal theory could be that Stern and Baum engaged in collusion, theft by device, defrauding and mis-use of the judiciary among others…including…my oh my…RACKETEERING and financial fraud. This is far from over…..get aggressive ! (that’s what Stern and Baum did).

  2. COCO says:

    I have one that I will take to the media. My foreclosure sale has been RESCHEDULED for the first of the year.
    Bank of New York Mellon served foreclosure papers on me 12/2008. The Assignment of Mortgage was dated 3 months after the ASM and was signed by a known robo signor. I have filed a Motion to Vacate the Final Default Judgment and Stay the Execution of the Sheriff’s Sale. If that is denied-IT IS MEDIA HERE I COME.

  3. Michael Olenick says:

    I’m surprised the major servicers haven’t all dropped him Stern-style by now. In case any are thinking about it, consider that he was on the Board of Directors of Stern’s public company, DJSP. Those two obviously knew and trusted one another. Cut your own losses, servicers, before you end up in a mad rush to collect 100K files: cut Baum lose.

    • lvent says:

      If they can’t use fraud to foreclose, they can’t foreclose…That is why it is called fraudclosure… Max Keiser said something like… if you take fraud out of WallStreet’s business model…they can no longer do business….They are criminals..this is just an ongoing pattern of fraud and abuse….prosecutable under RICO…

  4. tonycat says:

    We need to find some constitutional lawyers, fast, and get some challenges going. And we need people on the inside of the media who are in the homeowners’ favor to cover these court cases and get them highly visibly publicized.

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