MIND-BLOWING!! NY JUDGE DENIES 127 FORECLOSURES PURSUANT TO ADMINISTRATIVE ORDERS FROM CHIEF JUDGE, ROBO SIGNING

Categorized | STOP FORECLOSURE FRAUD

MIND-BLOWING!! NY JUDGE DENIES 127 FORECLOSURES PURSUANT TO ADMINISTRATIVE ORDERS FROM CHIEF JUDGE, ROBO SIGNING

MIND-BLOWING!! NY JUDGE DENIES 127 FORECLOSURES PURSUANT TO ADMINISTRATIVE ORDERS FROM CHIEF JUDGE, ROBO SIGNING

JUDGE COHALAN IS JUDGE OF THE WEEK!!!

“Issues”…Nah no “issues”? If this isn’t sending us a message or 127 messages that there aren’t any “issues”… Let them continue to submit exactly what they were filing before the *New Rule*… don’t stop now! Believe me there is more than these!

EXCERPT:

Pursuant to an Administrative Order of the Chief Judge, dated October 20, 2010, all residential mortgage foreclosure actions require an affirmation from the attorney representing the plaintiff/lender/bank, as stated in the affirmation attached to this order, that he/she has inspected all documents.

The plaintiff is also directed on any future application to provide a copy of this Court’s order, the prior application/motion papers and an updated affidavit of regularity/merit from the plaintiff/lender/bank’s representative that he/she has reviewed the file in this case and that he/she documents that all paperwork is correct. The plaintiff/lender/bank’s representative shall also provide in said affidavit of regularity her/his position, length of service, training, educational background and a listing of the documents and financial records reviewed substantiating the review of the amounts owed. The affidavit should also include that she/he has personally reviewed both the mortgage and the note and any assignments for accuracy.

The plaintiff bears the burden of proof in a summary judgment proceeding and judgment will only be awarded when all doubt is removed as to the existence of any triable issue of fact. Under the present circumstances, where there have been numerous instances alleged as to “robo” signing of documents and a failure to attest to the accuracy of documents in mortgage foreclosure proceedings, the plaintiff must prove its entitlement to foreclose on a mortgage as a matter of law by establishing the regularity and accuracy of the financial documentary evidence submitted and the Court will be scrutinizing all documents for accuracy.

The foregoing constitutes the decision of the Court.

SEE ALL 127  Below…


© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Comments

comments

This post was written by:

- who has written 8690 posts on FORECLOSURE FRAUD | by DinSFLA.

CONTROL FRAUD | ‘If you don’t look; you don’t find, Wherever you look; you will find’ -William Black

Contact the author

13 Responses to “MIND-BLOWING!! NY JUDGE DENIES 127 FORECLOSURES PURSUANT TO ADMINISTRATIVE ORDERS FROM CHIEF JUDGE, ROBO SIGNING”

  1. Geanette says:

    Thank God for Americans doing the right thing!! After all, bankers are nothing more than employees of the banking industry and need to be held accountable for all fraudalent acts and any act that obstructs the due process of a homeowner receiving a loan modification to retain their homes. The banks foreclose simply because it is more profitable than to offer a modification!

    Criminal charges needs to be brought against the CEOs and any top executive that endorses fraudalent practices…I am in agreement with Sen. Bernie Sanders, the CEOs of the companies that needed bailout funds due to the greedy wreckless handling of business needs to be fired!!

  2. Scores of HOMEOWNERS DO NOT CONTEST FORECLOSURES BECAUSE:
    1. They don’t have knowledge of the law in order to recognize which aspects of foreclosure are legally challengeable or even fraudulent.
    2. And even those who identify wrongdoing lack funds to pay for attorneys to represent them.
    3. Homeowners are told to come to foreclosure auctions with $$$$$$$ that they do not have, SO THEY STAY AWAY from foreclosure auctions.

    These homeowners are oblivious about sometimes “straw buyers” and sometimes lawyers in charge of foreclosures, obtain ILLEGAL ownership of people’s homes; and pay literally nothing through “credit bids;” and that those recorded deeds from such auctions are null! For these very reasons, there needs to be a probe of lawyers who file foreclosures. http://chn.ge/eU2zAm

    Also, the average lay person doesn’t know about legal REQUIREMENTS of “standing” that prevents their homes from being repossessed via non-existent lenders or via lenders which have no ownership of promissory notes.

    Yet, COURTS ARE SUPPOSED TO ENFORCE STANDING and compliance with established laws! Illegal, defective, fraudulent foreclosures are the cause of useless property deeds for real estate sales; title insurance companies refuse coverage on foreclosed properties –and more!

    Further, after certain foreclosure auctions (via simulation) result in fraudulent – NOT LENDER ACQUISITIONS, by lawyers or straw buyers, the common scenario becomes property flipping, neighborhood blight, rodents, and so on!

    *Sample of fraudulent foreclosure acts:

    –Deliberately use defunct lenders, lenders without “standing” for false civil and bankruptcy foreclosure proceedings.
    – Create and conceal malpractice foreclosure delays and engineer billable litigation.
    – Orchestrate sham foreclosure auctions; property never acquired by lenders, but ‘straw buyers’
    – Commit actionable wrongs (unfair debt collection, fraud, various torts) that create lawsuits
    – Self-dealing foreclosures which certain lawyers themselves obtain foreclosed properties for flipping.
    –Foreclosures naming defunct lenders, illegally recorded property deeds, flipping, blighted communities.
    – Unconscionably create false deficiency judgments against property owners after straw buyers acquire homes for pennies on the dollar.
    – Intentionally false BANKRUPTCY COURT “Motion to Lift” and “Proof of Claim” on behalf of non-existent lenders which conceals fact of “NON-SECURED” mortgage debt.
    –Involved in fraudulent collection of property damage insurance, as well as mortgage-default insurance.
    –Fraudulent foreclosures abet loss of property taxes to city revenue, rodents, vagrants
    – Thousands of families made unlawfully homeless from null foreclosure proceedings.

    Foreclosure lawyers are officers of the court. Lawyers are required to know applicable laws and civil procedure; this knowledge is not required from mortgage lenders, nor loan servicers. Lawyers are the ones who file those inadequate or questionable foreclosure which lead to useless property deeds and impediments to real estate sales; title insurance companies reluctance to cover foreclosed properties; mortgage default claims disputes due to defective foreclosures.

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

  3. Whether or not some people never should have been given mortgage loans; and whether or not homeowners oppose foreclosures, it is urgently important to look white collar foreclosure activities! Also, illegal, fraudulent foreclosure causes useless deeds for property sales; title insurance denials, blight –and more. http://chn.ge/eU2zAm

    Furthermore, some PREDATORY mortgage loans are issued for the very purpose of borrower default so that properties can become flipped, repeatedly (hence blight); and lenders gain tax credits, mortgage-default insurance, and more! Additionally, too often, not only has the lender NOT filed foreclosure, certain homes wound up being flipped by self-dealing foreclosure mill lawyers who execute simulated auctions whereby “straw buyers” fraudulently “credit bid”!

    White collar foreclosure fraud entails intentionally fraudulent foreclosures naming defunct mortgage companies, or having no ownership of notes; unfair fees beyond “Acceleration Clauses” that impairs borrowers’ ability to repay arrears; falsified Bankruptcy Court motions to “Lift Stay” for accomplishing”simulated” foreclosure auctions via “straw buyers.” And lawsuits against foreclosure lawyers for fraud and “Unfair Debt Collection Practices,” generates more lawyer fees.

    Scores of homeowners do not contest foreclosures because of: not having knowledge of the law in order to recognize legally challengeable foreclosures or fraud; lack funds to pay for attorneys to represent them; homeowners are told to come to foreclosure auctions with money that they do not have, so they stay away from foreclosure auctions. It is extremely troubling that there are families living outdoors, and people strapped with illegal “deficiency judgments” whose homes have been confiscated via real estate racketeering!

    Foreclosure lawyers are officers of the court knowledge of applicable laws and civil procedure is not required from mortgage lenders, nor loan servicers. In states that require judicial foreclosures, FORECLOSURE LAWYERS are the ones who file lawsuits to seize and sell property; and lawyers are responsible for filing and recording foreclosure property deeds. *Request for Congressional Foreclosure Panel to Examine Foreclosure Lawyers @ http://chn.ge/eU2zAm

  4. marilynhelyn says:

    It is good to see one by one NYSC judges are paying attention to the laws that have held this nation well for over 200 years.

    The Supremacy Clause Article VI Cl.2 of the US Constitution states:
    This Constitution , and the Law of the United States which shall be made in pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the Supreme Law of the Land, and the Judges in every state shall be bound thereby, any Thing in the contrary or Laws of any State to the Contrary notwithstanding.

    The US Supreme Court Case of Elliot v. Piersol states:
    Under Federal Law which is applicable to all states, the United States Supreme Court stated that if a court is “without authority, its judgments and orders are regarded as nullties. They are not voidable but simply void, and form no bar to recovery sought, even prior to reversal in opposition to them. They constitute no justification and all persons concerned in executing such judgments or sentences are considered in law as trespassers

    In US Supreme Court Case Steamship Co. v. Tugman states :
    Accordingly, upon the filing of the notice of Removal unless and until Remand, all further proceedings in State Court are void ab initio because they are in fact corma non judice.

    So any judgments signed by a State Court Judge while your case is in Federal Court is Void ab initio. Void Judgmenets ab initio are nullties and have no latches. Anything written upon Void Judgments ab initio are forgerys.

    The above being the circumstances of my case against Astoria Federal S & L Successor in Interest to Fidelity NY FSb vs. Marilyn Lane when Astoria Federal attorneys said It is Indemnify, Indemnnify Indemnify – we are stepping aside and the Title companies are stepping in. Fidelity National Title and Coronet Title do not want to indemnify the forged deeds they knowingly insured.

    That Judge Alice Schlesinger of New York Supreme in response to the title attorneys Thomas Malone and David K Fiveson statement “we have equity”, should know there is no “equity” in a forged deed and the only “equity” they could talk of is “equity for Judge Schlesinger.

    You will see her name. She is a decision maker in alot of these foreclosures. My two orders to show cause to mark vacated were in front of her in September 2008 but the fraud going on in the court was still hidden and she gave my two condos to Fidelity National Title and Coronet Title, that held forged deeds.

    Now that many are watching the fraud that went on in NY Supreme what Judge Schlesinger did was absolutely against our Constitution. New York has some honest and good judges, the Spinners, the Schacks but as for Judge Schlesinger , judge for yourself.

  5. Here is a great recent complaint summarizing the ripoff tactics that led to the bubble and the crash. Allstate and others sue the banksters over toxic MBS.
    http://bryllaw.blogspot.com/2011/02/allstate-and-others-sue-banks-for-toxic.html

  6. Nancy says:

    I am one of those 127 before Hon.Cohalan.To add insult to injury.I do not even have the deed to my home.My former spouse,is the biggest perp of mortgage fraud (other fraud also)that I can imagine.O.C.D. fraudster.
    Not only did my ex steal my deed prior to my closing.He is still filing fraudulent mortgages on my house.Using my 91 year old Mother’s ID.She is in a nursing home w Dementia.
    EX is above the law.HE HAS BEEN COMMITTING MORTGAGE FRAUD FOR THE BENEFIT OF THE JUDGES,HERE IN SUFFOLK COUNTY, NY.For 25 years.Other Suffolk County officials, lawyers and employees as well.I know because I researched extensively in the Riverhead County center.THIS IS WORSE THAN YOUR WORST NIGHTMARE.

  7. DANI says:

    WAKE UP NJ JUDGES AND NJ ATTORNEY GENERAL LEARN HOW YOU GUYS
    NEED TO STEP IN AND HELP NJ PEOPLE TO SAVE THEIR HOME FROM FRAUD BY THE BANKSTERS. IF YOU CANT GIVE DUE PROCESS AND STAND FOR TRUTH YOU ALL NEED TO GO HOME IMMD

Trackbacks/Pingbacks

  1. […] This post was mentioned on Twitter by Adysin Montgomery, DinSFLA. DinSFLA said: MIND-BLOWING!! NY JUDGE DENIES 127 FORECLOSURES PURSUANT TO ADMINISTRATIVE ORDERS FROM CHIEF… http://goo.gl/fb/ePlLX […]

  2. […] StopForeclosure.com published that a single judge, Peter Cohalan, had denied 127 foreclosures under this new provision. Although […]

  3. […] StopForeclosure.com published that a single judge, Peter Cohalan, had denied 127 foreclosures under this new provision. Although […]

  4. […] on Dec. 1, Suffolk County Supreme Court Judge Peter Fox Cohalan issued an order dismissing all 127 foreclosures pending before him because the banks’ attorneys hadn’t filed the affirmation. While all […]

  5. […] on Dec. 1, Suffolk County Supreme Court Judge Peter Fox Cohalan issued an order dismissing all 127 foreclosures pending before him because the banks’ attorneys hadn’t filed the affirmation. While all […]


Leave a Reply

GARY DUBIN LAW OFFICES FORECLOSURE DEFENSE HAWAII and CALIFORNIA
Advertise your business on StopForeclosureFraud.com

Archives