NYSC Judge Karen V. Murphy Calls Out Robo-Signer Margaret Dalton, EMC, MERS

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NYSC Judge Karen V. Murphy Calls Out Robo-Signer Margaret Dalton, EMC, MERS

NYSC Judge Karen V. Murphy Calls Out Robo-Signer Margaret Dalton, EMC, MERS

SUPREME COURT – STATE OF NEW YORK

Index No. 10123/09

PRESENT:
Honorable Karen V. Murphy
Justice of the Supreme Court

JP. Morgan Mortgage Acquisition Corp.,

v.

Richard Simmons, Eleanor Simmons, Bank of
America, NA, First Chicago, et aI.,

Excerpts:

The Notice of Pendency fied May 27 2009 stated that Plaintiff “is also in possession
of the original note with a proper endorsement and/or allonge and is therefore the holder of
both the note and mortgage” and the complaint contained a similar allegation however
Margaret Dalton, a self proclaimed “Officer” of EMC Mortgage Corporation, a non-par,
submitted an ‘ affidavit of lost note’ sworn to on Januar 27, 2010. It is not clear whether the
alleged servicer, EMC has authority to act on Plaintiff’s behalf in this matter , as no power
of attorney was submitted to the Court. The basis for Ms. Dalton s purported knowledge of
the circumstances surrounding the assignment in question are not clearly stated in her
affidavit, which by its terms, is contradictory. Bald assertions of possession of the original
note, without more, in light of the conflicting evidence, is not sufficient to establish a prima
facie case.

Furthermore, the assignment recorded on May 20, 2009 specifically states that it is
an “assignment of mortgage ” and makes no reference to the note.
Thus, a question of fact
exists as to whether the note was ever assigned or delivered to Plaintiff. It may well be that
the note was neither assigned nor delivered to Plaintiff prior to commencement of this action
and Plaintiff would then be without authority to bring this action.

[ipaper docId=40241648 access_key=key-yonvvoo4lkhyw1wbocq height=600 width=600 /]

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4 Responses to “NYSC Judge Karen V. Murphy Calls Out Robo-Signer Margaret Dalton, EMC, MERS”

  1. Searching for Attorney to Help In Pre Forclosure. Live in Boynton Beach, Florida 33435 We are also Victims of Preadtory Lending by WAMU/ Chase Bank, Contact kennedyjeffrey@bellsouth.net

    Thank You & Be Safe,

    Jeffrey & Sharon Kennedy

  2. barbara gibbs says:

    I have a “Substitution of Trustee” signed by Margaret Dalton as vice president of JP MORGAAN CHASE BANK, AND WE ARE IN CALIFORNIA AND THE NOTARY IS FLORINA C. MUNOZ OF FLORIDA. OUR PROPERTY IS IN FORCLOSURE, IT HAS BEEN POSTPONED 4 TIMES BY FREDDY MAC, WHO OWNS IT, I HAVE TOLD THEM THERE IS FRAUD IN THIS FORECLOSURE, BUT THEY REFUSE TO DO ANYTHING ABOUT IT, I WILL EMAIL YOU A COPY OF THE MARGARAT DALTON FRUAD I HAVE.

  3. Daniel H says:

    MARGARET DALTON is on my Substitution of Trustee as Vice President of JP MORGAN CHASE BANK, NATIONAL ASSOCIATION. and the notary is FLORINA C. MUNOZ..

    I wanna know, if these individuals robo signers. any info is appreciated.
    email me at whatisgoinon2010@gmail.com
    Daniel H

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