Lynn E. Szymoniak, Esq., January 14, 2010
In a few foreclosure cases, judges have noticed that the same individual
appears as an officer of various banks. In several of these cases, the
judges have dismissed the foreclosure actions and ordered that such
actions cannot be refiled unless the foreclosing party presents an Affidavit
with the three-year employment history of the bank “officer.”
In most of these cases, the Bank has never refiled – presumably unable to
explain the issue of the same individual appearing as an officer of many
The following cases address this issue:
Bank of NY v. Mulligan, 2008 NY Slip Op 31501 (U)(June 3, 2008)
Bank of NY v. Orosco, 2007 NY Slip Op 33818(U)
Deutsche Bank National Trust Co. v. Castellanos, 2008 NY Slip Op 50033(U)
HSBC Bank, N.A. v. Cherry, 2007 NY Slip Op 52378 (U), 18 Misc 3d 1102 (A)
Deutsche Bank National Trust Company v. Rose Harris, Index No.
35549/07, Supreme Court of NY (Brooklyn), February 5, 2008
HSBC Bank USA v. Perboo, 2008 NY Slip Op 51385 (U), 20 Misc 3d 1117(A):
An individual who falsely claims to be a bank officer – that is, who acts
without the authorization of the bank – commits fraud. Because mortgage
assignments are sent repeatedly through the U.S. Mail, the fraud becomes
the federal offense of mail fraud. If a bank has actually authorized nonemployees
to use the title of Vice President of the bank on mortgage
assignments, other issues arise. Banks are highly regulated, as are bank
relations with affiliated companies.
In thousands of foreclosure cases, key documents may have been
fabricated by employees of mortgage servicing companies who have
falsely held themselves out as bank officers. Because most foreclosures
are the result of defaults, the validity of these assignments has most often
gone unchallenged. Almost three million U.S. properties were involved in
some form of foreclosure action in 2009, a 44% increase from the end of
2008 to the end of 2009. In 2010, the issue of the validity of Assignment
is likely to finally come under examination by regulators, courts, lawyers
and distressed homeowners


Foreclosure Fraud – Guide to Looking Up Public Records for Fraud

Full Deposition of the Infamous Erica Johnson Seck