HEY NY TIMES 'NO PROOF' JEFFREY STEPHAN HAS AUTHORITY TO EXECUTE AFFIDAVIT FOR WELLS FARGO

HEY NY TIMES…’NO PROOF’ JEFFREY STEPHAN HAS AUTHORITY TO EXECUTE AFFIDAVIT FOR WELLS FARGO

HEY NY TIMES…’NO PROOF’ JEFFREY STEPHAN HAS AUTHORITY TO EXECUTE AFFIDAVIT FOR WELLS FARGO

I guess WELLS FARGOT…

This statement from Wells Fargo appears on NY TIMES 10/1/2010:

A Wells Fargo spokeswoman said “the affidavits we sign are accurate.”

SUPREME COURT – STATE OF NEW YORK
I.A.S. PART XXXVI SUFFOLK COUNTY

PRESENT:
HON, PAUL J. BAISLEY, JR., J.S.C.

INDEX NO.: 16038/2008
MOTION DATE: 11/24/2008
Plaintiff, MOTION NO.: 001 MI)

PLAINTIFF’S ATTORNEY:
STEVEN J. BAUM, P.C.
P.O. Box 1291
Buffalo, New York 14240- 1291

Wells Fargo v. Oleg Dmitriev

Plaintiffs application is defective because there is no “affidavit made by the party” of “the facts constituting the claim, the default and the amount due” as required by CPLR §3215(f). The proffered “affidavit of merit and amount due” of Jeffrey Stephan identifies him as “the Limited Signing Officer of GMAC MORTGAGE LLC, servicer,” but no proof of Mr. Stephan’s authority to execute such affidavit on behalf of plaintiff is offered. The proffered affidavit does not otherwise comply with the requirements of CPLR $2309(c) for an out-of-state affidavit. In addition, the facts and dates recited in the affidavit regarding the consolidated mortgage and consolidated note that are the subject of this floreclosure action are at variance with the underlying documents.

In light of the foregoing, the motion for an order of reference is denied, without prejudice to renewal on proper papers.

Proposed order of reference marked “not signed.”
Dated: March 16, 2009

Paul J. Baisley, JR
J.S.C.

[ipaper docId=37975402 access_key=key-281pa58f9x2mia6kmvxp height=600 width=600 /]

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3 Responses to “HEY NY TIMES…’NO PROOF’ JEFFREY STEPHAN HAS AUTHORITY TO EXECUTE AFFIDAVIT FOR WELLS FARGO”

  1. Hi wells fargo bank( mortgages ) FLORIDA STATE , NEEDS TO SUE WELLS FARGO BANKS FOR FRAUD AND PERJURY COMMITTED IN FLORIDA COURTS AND HOLD ALL THOSE CORRUPT ATTERNEYS , AND JUDGES IN CAHOOTS WITH WELLS FARGO BANK ,I HAVE ALL THE ORIGINAL DOCUMENTATION , THAT WELLS FARGO BANK AND COURT SYSTEM HAVE NOT ALTERED ? I HAVE HAD ALL THE PROOF SINCE 2008 TILL 2013 AND NO BODY LOOKED AT THE EVIDANCE LOSS OF OVER $275K PENSHION STOLE BY WELLS FARGO BANK , PERJURY HAS A COMMITTAL JAIL TERM ? WHY ARE THEY NOT BEING PROSECUTED BY THE STATE OF FLORIDA , CORRUPT JUDGE TED COLEMAN WHOS CLAIM TO FAME IS TRAFFIC TICKETING , WHAT QUALIFICATION DOES HE HAVE TO OVERSEE A FORCLOSURE CASE OF OVER 5YEARS TERMINATED IN 4 MINS ,AND NO COURT REPORTER , SHE JUST DISSAPERAD AND NO MINS TAKEN FRAUD AND PERJURY COMMITTED I WILL NOT REST UNTIL JUSTICE HAS BEEN DONE JAIL THANKS LPW

  2. WELLS FARGO BANK( MORTGAGES ) ACKS OF FRAUD AND PERJURY COMMITTED NO 1 REMOVAL OF FUNDS FROM ESCROW ACOUNT NO2 , FRAUDULENT FORCLOSURE NO MISSED MORTGAGE PAYMANTS IN CREDIT $1,000.00 NO3, FORCED HOME OWNERS INSURANCE ,ALREADY INSURED AT 3 TIMES AMOUNT NO4 , PREADATORY LENDING MORTGAGE 50% HOUSE PRICE FORCLOSURE WITHIN 2 YEARS NO 5, EXCESSIVE PENALTYS AND FINES ON ACOUNT ONLY MORTGAGE ACOUNT .NO6 , BANK ALTERED ALL STATEMANTS FROM 2008 AND DOCTERED ALL FIGURES AND SIGNITURES TO SUIT THE ACT OF FRAUD , THEN SWORE ON OATH THAT WHAT THEY HAD ALTERED WAS THE TRUTH , THAT BECOMES A ACT OF PERJURY , I HAVE BEEN FOBBED OFF 1 THE CONTROLLER OF CURRANCY 2, OFFICE OF THRIFT SUPERVISION 3 , THE CONSUMER PROTECTION INVESTIGATION BUREAU , 4 THE WHITE HOUSE GUEE

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