See where Judge Schack takes this and even if not mentioned he makes reference to MERS. Every judge must follow his example and read and research each case because it the end “each case is unique”. If we can only make a rubber stamp weigh 2 tons?? Hmm
By GREGORY BRESIGER
Last Updated: 1:29 AM, September 26, 2010
Posted: 1:07 AM, September 26, 2010
With foreclosure filings growing by the month, some judges are holding banks and loan servicers’ feet to the fire to prove they “own” the mortgage and that they know what information is in the filing.
Recently, JPMorgan Chase, a mortgage servicer, was charged by a Florida judge with submitting fraudulent foreclosure paperwork on a home it did not own.
Ally Bank, formerly GMAC, the credit arm of the troubled automaker General Motors, suspended foreclosure proceedings in 23 states including New York last week, while it reviews its foreclosure procedures.
Ally, which has a $349.1 billion mortgage portfolio, according to industry records, and was also the beneficiary of more than $17 billion in US bailout funds, said this week it has amended its foreclosure procedure to make sure the documents contain truthful information and that there is a notary present when documents are signed.
Closer to home, in New York State Supreme Court no foreclosure hearing is routine in Judge Arthur Schack’s courtroom in Brooklyn. That’s where dozens of bank attorneys are learning that every detail must be right or else.
Judge Schack — the scourge of numerous banks and poorly prepared attorneys — has thrown out dozens of foreclosure applications for just the same reasons cited in Florida.
Judge Schack examines every filing in detail. That’s because “every case is unique,” said the 64-year-old judge, a former high-school social-studies teacher.
Why the large number of foreclosure dismissals for a procedure that is often routinely granted?
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