SANCTIONS! STEVEN J. BAUM PC For Practice of Fraud, Deception, and Misrepresentation Upon the Court: FREDDIE MAC v. RAIA

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SANCTIONS! STEVEN J. BAUM PC For Practice of Fraud, Deception, and Misrepresentation Upon the Court: FREDDIE MAC v. RAIA

SANCTIONS! STEVEN J. BAUM PC For Practice of Fraud, Deception, and Misrepresentation Upon the Court: FREDDIE MAC v. RAIA

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NY Law Offices of Steven J. Baum P.C. may get sanctions for False Representations

Now the finale…

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Federal Home Loan Mtge. Corp.v Raia

2010 NY Slip Op 52003(U)
Decided on November 23, 2010
District Court Of Nassau County, First District
Fairgrieve, J.

Steven J. Baum, P.C., Attorneys for Petitioner, 220 Northpointe Parkway, Suite G, Amherst, New York 14228, 716-204-2400;

Jeffrey A. Seigel, Esq., Volunteer Lawyers Project, Attorneys for Respondent, One Helen Keller Way, Hempstead, New York 11550, 516-292-8299.

Scott Fairgrieve, J.

On January 5, 2010, Wells Fargo Home Mortgage, Inc. (“Wells Fargo”) was the successful bidder at the foreclosure sale of the subject premises known as 360 Stewart Avenue, Unit 1E, Garden City, New York. Wells Fargo received 220 shares of Stewart Franklin Owners Corp., as well as the proprietary lease previously owned by the Respondent, Paul Raia.

On March 12, 2010, Wells Fargo purportedly assigned its January 5, 2010 bid to Petitioner Federal Home Loan Mortgage Corp. (“FHLMC”). However, the “Assignment of Bid” contains only the signature of Steven J. Baum, P.C., and there is no indication for which party the signature was made. Mr. Baum’s office claimed to have the authority to execute the document on behalf of FHLMC by way of a power of attorney attached to the petition. Baum’s office also claimed to have the same authority for Wells Fargo, although Baum’s office provides no evidence in support of that allegation.

EXCERPTS:

Baum has recently faced numerous standing issues concerning assignment, for which its cases were dismissed.

The opinion continues on to state that the “court’s inherent power to impose sanctions is particularly appropriate where fraud, deception, and misrepresentation has been practiced upon the Court.

The fraud perpetrated on the court here occurred when petitioner’s attorney swore that the petition had been read and that the contents of the petition were true to the deponent’s own knowledge. Sanctions may attach to attempts to deceive the court.

CONCLUSION

In view of the foregoing, Steven J. Baum, P.C. must compensate Volunteer Lawyers Project in the amount of $14,532.50 for reasonable attorney’s fees and disbursements within 30 days of the date of this order. Further, this court imposes monetary sanctions in the amount of $5,000.00 on Steven J. Baum, P.C. payable to “Lawyers’ Fund for Client Protection,” established pursuant to section 97-t of the State Finance Law, within 30 days of the date of this order. The clerk of the court is directed to give notice, pursuant to 130-1.3, to the Lawyers’ Fund for Client Protection concerning this award of sanctions.

So Ordered:

/s/ Hon. Scott Fairgrieve

DISTRICT COURT JUDGE

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Federal Home Loan Mtge. Corp v RAIA

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5 Responses to “SANCTIONS! STEVEN J. BAUM PC For Practice of Fraud, Deception, and Misrepresentation Upon the Court: FREDDIE MAC v. RAIA”

  1. Beau Deters says:

    “The fraud perpetrated on the court here occurred when petitioner’s attorney swore that the petition had been read and that the contents of the petition were true to the deponent’s own knowledge. Sanctions may attach to attempts to deceive the court.”

    Where are the criminal charges? I thought that fraud was a criminal offense. So much for the legal system in Ameri-kan-i-stan. Now this hack Captain Kangaroo wannabe judge has just implicated the government in a RICO suit for allowing organized crime to occur unpunished. What a fraud for a judge.

  2. Maybe sanctions for Baum should have also included a massage and a bubble-bath….

  3. Jimbo says:

    I would suggest that the sanction of disbarment might result if someone brought this judgment to the attention of the New York State Bar’s disciplinary body. Anyone can file a complaint. Just write a letter and cite this judge’s published decision. It’s always a good time to thin the lawyers’ ranks of the scumbags.

  4. Request for Congressional Foreclosure Panel to Examine Foreclosure Lawyers
    http://www.change.org/petitions/view/request_for_congressional_foreclosure_panel_to_examine_foreclosure_lawyers#

    “Although increasing numbers of courts are continuing to reject improper and fraudulent foreclosures, the Congressional Foreclosure Panel examination of mortgage services and foreclosure practices did not include foreclosure lawyers.

    Lawyers are officers of the court; knowledge of applicable laws and civil procedure is not required from mortgage lenders. In states that require judicial foreclosures, lawyers are the ones who file lawsuits to seize and sell property; and lawyers are responsible for filing and recording foreclosure property deeds.

    An investigation could prove helpful to sorting out whether improper and illegal foreclosure proceedings are linked to any self-dealing conduct disadvantaging lenders, investors, homeowners, and city governments. . .”
    http://www.change.org/petitions/view/request_for_congressional_foreclosure_panel_to_examine_foreclosure_lawyers#

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