Mortgage Fraud
Mortgage Electronic Registration Systems
Pillar Processing, LLC
Steven J. Baum, P.C.
Action Date: October 7, 2011
Location: New York, NY
On October 6, 2011, a settlement agreement was signed regarding the practices of one of the largest foreclosure mills in the country, Steven J. Baum, P.C., a law firm operating from Amherst, New York. The settlement was obtained by Preet Bharara, the U.S. Attorney for the Southern District of NY. The investigation was conducted by the Civil Frauds Unit of the United States Attorney’s Office for the Southern District of New York which investigated under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (“FIRREA).
Under the settlement, the Baum Firm is required to pay $2 million and make significant reforms, but is still allowed to say (paragraph 4): “This Agreement does not constitute a finding by any Court or Agency that Baum has engaged in any unlawful practice or wrongdoing of any kind.”
Most significantly, Baum employees – including the very prolific robo-signing associate, Elpiniki Bechakas, may no longer sign mortgage assignments as officers of Mortgage Electronic Registration Systems, Inc. (“MERS”). (Bechakas is not specifically named in the Agreement, but has been singled out by NY judges, including the Honorable (and very savvy) Arthur Schack of Brooklyn, as a Baum attorney with very questionable practices.)
The relief provided in the Settlement Agreement is very much prospective relief, and in that regard, is very comprehensive.
For those pending cases, however, the relief in paragraph 15(a) may seem grossly inadequate:
“Baum shall provide the following notification:
a. In any pending foreclosure action where an application for a judgment of foreclosure has not been submitted to a court, if Baum has filed an assignment of mortgage as a corporate officer of MERS, Baum shall disclose that fact to the court in the application for the judgment of foreclosure, or earlier. Such disclosure shall not be required if the Baum firm does not file a proposed judgment of foreclosure (e.g. because another law firm has been substituted as counsel for the matter prior to the filing of a proposed judgment of foreclosure, because the action is dismissed, etc.)”
All that the banks need to do under this settlement in pending cases is to sub in another law firm that may use the Baum assignments to foreclose, without even making any further disclosure to the courts such as “the signers are really employees of the Baum Law Firm who previously represented the banks in this matter.”
While it is true that most defense attorneys will no doubt raise this point, it is also true that most homeowners in foreclosure proceed pro se and are likely to be completely unaware of this Settlement Agreement, and the actual employer of Elpiniki Bechakas and other Baum signers.
Then there is the matter of the tens of thousands of homeowners who have lost their homes in cases where Baum employees signed mortgage assignments as officers of MERS. Most often, they assigned mortgages to mortgage-backed trusts so that the trusts could foreclose, even though such transfers did not take place on the dates and in the manner set forth on the Baum assignments. These Baum Assignments appear throughout the New York courts, but often in the Courts of other states as well.
Two million seems to be the magic number. This is also the amount paid by the Law Offices of Marshall Watson in Florida whose associates engaged in similar practices of signing as MERS officers, assigning mortgages after foreclosure actions were initiated, etc.
Further relief may be forthcoming, from both criminal prosecutions, the NY Bar, and most certainly from private class action and RICO lawsuits brought by private litigants.
Investors in mortgage-backed securities must ask for reports from the Trustees of how much they have paid for these Baum Assignments in the last five years, how much they have lost and how much more they will lose when foreclosures are successfully defended because the loan documents relied on by the trustees were “Baum-made.”
This is a first-of-its-kind settlement with one significant party in the foreclosure fraud morass.
Copy of the settlement is below…
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4closureFraud.org
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Settlement Between the United States of America and Steven J. Baum
don’t forget about Fein, Such, Crane & Sheppard. They are awfully quiet these days, but don’t you worry!!!!
This US Attorney’s Office, an “arm of the Obama Justice Dept.” rings loud & clear down the line: continue to rape, plunder, pillage our villages. March over the human carnage. This is the Colliseum in its heyday. Usher in the next batch of Citizens who cannot afford an attorney to have their flesh torn in plain sight of the Emperor. Spill more champagne to mock the pain and suffering of the unclean.
With its eyes WIDE open, this ‘regulator,’ our Justice Department ?, finds harmless error instead of fraudulent criminal intent in 12,000- make it 6,000- cases of submitted manufactured evidence in 2010 alone? Betchakas, Geithner, Bernanke, Holder, and Obama get to keep their jobs, while millions of Americans pound the pavement and have their homes pulledn out from under them.
This is full blown illustration of how Justice comes to the conclusion “no crimes were committed- we will hold them accountable.” It’s simple: keep BOTH eyes closed at ALL times. At one point I thought, “Maybe I just don’t understand or have all of the facts to make a reasoned decision.”
But this decision proves blatant, unmitigated arrogance. How is 2 million anything more than a utility bill for the Baum firm? Someone please calculate the ‘ill gotten gains’ for us?
With Justice’s blessings, start your own foreclosure mill. There’s $ to be made.
this was a Dept of Justice investigation and settlement.
Let’s hope to God that AG Schneiderman is on this crook’s tail.
Steven Baum has submitted tens of thousands or even hundreds of thousands of false court documents with the
intent to deceive. that is a FELONY.
he must be held responsible. he must pay back his victims.
this phony “settlement” allows for individual lawsuits and RICO filings.
you better believe this will happen.
steven baum is dirty.
all you have to do is read the court documents he has filed against innocent homeowners.
you will see the truth.
ROSICKI & ROSICKI is another NY foreclosure mill who uses deceptive practices and false court filing
ti terrorize homeowners and steal their homes.
AG Sneiderman, go after these fraudsters with all you’ve got!
(in my opinion only but the truth is found in the court filings that shows evidence of heinous,
premeditated fraud which is a felony.)
the chicago traders’ sign shows exactly why they are hated by the 99%.
they don’t get it — the suffering they have caused.
it’s like the iconic photo that shows the wall street greedsters sipping champagne
on the balcony of cipriani wall street
and the taunting protesters below.
whoops. wrong thread.
i’ll repost.
wrong thread plus a typo!
typo corrected:
it’s like the iconic photo that shows the wall street greedsters sipping champagne
on the balcony of cipriani wall street
and taunting the protesters below.
(they were taunting the protestors by saying things like, “get a job!”
asshats. people lost their jobs because of Them.there are NO JOBS because of Them.)
Looks like someone got paid off under the table.
where is eric schneiderman?
he must speak up and overrule this phony settlement!
steven baum is responsible for filing thousands of false documents in the courts
resulting in innocent families being terrorized and thrown out of their lawful homes.
this is insane!
Corrupt! Corrupt! Corrupt! God damn this country
This is why American needs a revoution. Has AMERICAN SPRING arrived yet in your city. OCCUPY!