Steven J Baum

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NY Judge Hammers “Foreclosure Mill” STEVEN J. BAUM For Failing To Comply

NY Judge Hammers “Foreclosure Mill” STEVEN J. BAUM For Failing To Comply

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

HON. MELVYN TANENBAUM
Justice

US BANK N.A.,
-against-
ORLANDO BORJA ET AL.,

ORDERED that this motion by plaintiff seeking an order granting summary judgment, amending the caption of the action and appointing a referee to compute the sums due and owing to plaintiff in this mortgage foreclosure action is granted.

The Court has repeatedly directed plaintiffs counsel, Steven J. Baum, P.c., to submit proposed orders of reference in proper form and counsel’s office has repeatedly failed to comply.


Accordingly, plaintiff’s counsel is hereby directed to submit a proposed order for the appointment of a referee in the forn required by this Court. Any further failure to comply with this order shall be deemed wilful.

Dated: July 30, 2010

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Posted in conflict of interest, foreclosure, foreclosure mills, foreclosures, Law Office Of Steven J. Baum, mortgage, Steven J Baum, Supreme Court, us bank1 Comment

“TRO” ISSUED ON MERS, MERRILL & STEVEN J. BAUM

“TRO” ISSUED ON MERS, MERRILL & STEVEN J. BAUM

Supreme Court of the State of New York, held
in and for the County of Kings, at the
courthouse at 360 Adams Street

David Schmidt
Justice of the Supreme Court

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC.,

v.

Bibi Roopen

To cancel the claim for the surplus monies on the above Index Number 1694 1/04 by the Claimant Merrill Lynch Mortgage Lending, Inc. Attorney Steven J. Baum. P.C. and to grant me, Bibi Roopan, the surplus monies on deposit in this matter. for the reasons that Neither Wilshire Credit Corporation, who owned the second mortgage to the premise commonly known as 14 Cypress Court Brooklyn, NY 11208, nor its parent company, Merrill Lynch Mortgage Lending. were present at the foreclosure and therefore did not claim their share of the foreclosure at that time (Notice of Appearance). En addition. Wilshire Credit Corporation transferred the mortgage loan to Strategic Recovery Group, LLC, db Aquara Loan Services, Its Successors and/or Assigns, P.O. Box 61026 Anaheim, CA 92803-6126 on October 29.2008 and on July 6,2010, Strategic Recovery Group sent me a letter to settle in full for $30,497.10.

Pending the hearing of this motion it is ordered that to cancel & stop the claim for the surplus monies on the above index Number 16941/04 by Claimant Merrill Lynch Mortgage Lending, Inc, Attorney Steven J. Baum, PC and for the surplus monies to stay at the courts until judgement by the judge and also that Merrill Lynch Mortgage Lending

DO NOT GET ME SURPLUS MONIES.

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Posted in assignment of mortgage, conflict of interest, conspiracy, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, injunction, Law Office Of Steven J. Baum, Merrill Lynch, MERS, mortgage, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Steven J Baum, Supreme Court, TRO2 Comments

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.

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Posted in assignment of mortgage, chain in title, concealment, conflict of interest, conspiracy, CONTROL FRAUD, corruption, deed of trust, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, GMAC, jeffrey stephan, Law Office Of Steven J. Baum, MERS, MERSCORP, Moratorium, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., note, rmbs, robo signers, securitization, Steven J Baum, STOP FORECLOSURE FRAUD, wells fargo3 Comments

AMENDED |NEW YORK FORECLOSURE CLASS ACTION AGAINST STEVEN J. BAUM & MERSCORP

AMENDED |NEW YORK FORECLOSURE CLASS ACTION AGAINST STEVEN J. BAUM & MERSCORP

Class Action Attorney Susan Chana Lask targets Foreclosure Mill Attorneys as source of foreclosure crisis.

This is the amended complaint against Foreclosure Mill Steven J. Baum and MERSCORP.

Want to join the Class? No problem!

Please contact: SUSAN CHANA LASK, ESQ.

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Related posts:

CLASS ACTION | Connie Campbell v. Steven Baum, MERSCORP, Inc

_________________________

CLASS ACTION AMENDED against MERSCORP to include Shareholders, DJSP

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



Posted in assignment of mortgage, concealment, conflict of interest, conspiracy, CONTROL FRAUD, corruption, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, forgery, Law Office Of Steven J. Baum, Law Offices Of David J. Stern P.A., MERS, MERSCORP, mortgage, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., notary fraud, note, racketeering, RICO, Steven J Baum, STOP FORECLOSURE FRAUD, stopforeclosurefraud.com, Susan Chana Lask, Trusts, truth in lending act, Wall Street2 Comments

GMAC, MERS & STEVEN J. BAUM PC…THE COURT IS AT LOSS ON A PURPORTED “CORRECTIVE ASSIGNMENT”

GMAC, MERS & STEVEN J. BAUM PC…THE COURT IS AT LOSS ON A PURPORTED “CORRECTIVE ASSIGNMENT”

I go through hundreds of cases each week and I have been saving this one for a rainy day. We’ll it’s raining today.

SUPREME COURT – STATE OF NEW YORK I.A.S. PART XXXVI SUFFOLK COUNTY PRESENT: HON. PAUL J. BAISLEY, JR., J.S.C.

DATED: MAY 10. 2010

The Court is at a loss to understand how a purported “correcting assignment” can be executed eight days before the assignment it is purporting to correct. Moreover, the Court is at a loss as to the identity of the true holder of the mortgage at the time of the commencement of the action (irrespective of any arguments regarding the validity of the purported assignment(s) by MERS as nominee of the original mortgagee; see, for example, US Bank, N.A. II Collymore, 200 NY Slip Op 09019 [2d Dept 2009]), While it is well established that any issues as to a plaintiff’s standing to commence a foreclosure action are waived by the defendant-mortgagor’s failure to appear and answer (HSBC Bank v Dammond, 59 A03d 679 l2d Sept 2009]), the contradictory and conflicting submissions on this motion implicate far more than the more issue of “standing.” Indeed, the submissions appear to have been drafted with utter disregard for the facts, or for counsel’s responsibilities as an officer of the Court, and border on the fraudulent.

In the the circumstances, the motion, which is unsupported either factually or legally, is denied in all respects. Moreover, in light of the failure of the movant to establish that any party was in fact the holder of the mortgage (and the underlying note, see KLuge v Fugm:y, 145 AD2d [2d Sept 1988J) at the time of the commencement of this action – an omission that in the circumstances may not be corrected by mere amendment — the Court, on its own motion, hereby directs the plaintiff to show cause why the complaint should not be dismissed; and further directs Steven J. Baum, P.c. and Heather A. Johnson, Esq., the attorney of record for the plaintiff in this action and the scrivener of the affirmation referred to above, to appear before the undersigned on June 24, 2010 at II :00 a.m. to show cause why sanctions should not be imposed on plaintiff and/or its attorney(s) for frivolous conduct pursuant to 22 NYCRR §130-1.1 (c).

Dated: May 10. 2010

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Posted in assignment of mortgage, bogus, concealment, conflict of interest, conspiracy, CONTROL FRAUD, corruption, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, Law Office Of Steven J. Baum, MERS, MERSCORP, mortgage, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Mortgage Foreclosure Fraud, note, RICO, Steven J Baum, Supreme Court, Susan Chana Lask, Trusts1 Comment

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

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

The court held that it “will hold a hearing to determine what sanctions if any, that may be imposed upon Steven J. Baum, P.C. for the false representations made in the petition,” as counsel for Federal Home Loan Mortgage Corp.

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Posted in Eviction, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, Law Office Of Steven J. Baum, Steven J Baum, wells fargo1 Comment

US TRUSTEE keeping CLOSE WATCH on NY FORECLOSURE MILL

US TRUSTEE keeping CLOSE WATCH on NY FORECLOSURE MILL

Liening on NY homeowners

Chase and law firm draw scrutiny over tactics in foreclosure cases

By RICHARD WILNER

Last Updated: 12:01 PM, February 28, 2010
Posted: 12:54 AM, February 28, 2010

As the mortgage melt down paralyzed the economy across the US and throughout New York State, one company in the center of the storm had all the business it could handle.The little-known law firm of Steven J. Baum PC, which is based in suburban Buffalo, NY, and represents dozens of banks in matters of failed mortgages, last year filed a staggering 12,551 foreclosure lawsuits in New York City and the suburbs, which works out to about 48 a day.

The foreclosure mill is one of a handful of super-regional law firms used by the country’s banks — and its lawyers appear to have practiced in every county courthouse and bankruptcy court from Staten Island to Plattsburgh and from Montauk to Niagara Falls.

But as the volume of its workload increased, so did complaints from opposing lawyers and judges that some of the thousands of lawsuits contained questionable legal work.

One bank caught in the crosshairs is JPMorgan Chase Bank, one of the largest mortgage lenders in the city.

Last month, Diana Adams, the US Trustee in Manhattan, filed papers in court supporting punitive financial sanctions against the bank for a string of bad behavior, including seeking to foreclose on homes after they rejected the attempts to make on-time payments and for failing to prove they own the mortgage on a home even as they move to seize it.

Chase filed documents that appear to be patently false or misleading, Adams said in the filing.

Although Chase has recently taken steps to address concerns expressed by courts in connection with other cases, based on Chase’s past and current conduct it needs to be sanctioned, Adams wrote.

A spokesperson for Chase had no comment on the US Trustee’s action.

The complaints against Baum — on the record during hearings, in legal pleadings and, eventually, borne out in judges’ decisions — include:

* Not divulging mortgage payments: In the White Plains bankruptcy of Blanca Garcia, Baum’s firm filed papers claiming Garcia was in arrears — when she actually made payments and showed the court her receipts, but they were not credited to her account. When Garcia’s lawyer complained, Baum’s firm answered the claim but, the lawyer said in court papers, ignored the receipts and continued to claim the mortgage was in arrears.

* Creating questionable assignments: A Suffolk County judge took it upon himself to investigate a filing by Baum’s firm when it attempted to foreclose on the home of Gloria E. Marsh. “A careful review,” the judge wrote in a four-page order, “reveals a number of glaring discrepancies and unexplained issues of substance.”

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Posted in foreclosure, foreclosure fraud, foreclosure mills, foreclosures, Law Office Of Steven J. Baum, reversed court decision, Steven J Baum1 Comment

GMAC, Steven Baum Law Firm Face FORECLOSURE FIGHT in NY COURT

GMAC, Steven Baum Law Firm Face FORECLOSURE FIGHT in NY COURT

DING DING DING…Let the fight begin!

GMAC faces New York foreclosure brawl

By RICHARD WILNER
Last Updated: 1:36 AM, July 6, 2010
Posted: 1:31 AM, July 6, 2010

A Bronx homeowner is scheduled for a courtroom battle royale later this month — facing off in Manhattan bankruptcy court against the largest foreclosure mill in the state to see if the firm’s client, GMAC Mortgage, has the right to toss her from her Pelham Gardens home.

Also at issue is whether the law firm, Steven J. Baum PC, may have a conflict of interest problem.

The lawyer for the homeowner, David Shaev, claims in recently filed court papers that a Baum lawyer allegedly represented GMAC without disclosing she worked for Baum.

The thorny issue is of growing interest to New York judges — who last year faced more than 50,350 foreclosure actions, according to RealtyTrac, many of which were brought by banks that have sold or securitized the loans. Such actions make proving which entity owns the loan difficult.

<caption><strong>DAVID  SHAEV</strong><br>Fighting foreclosure.</caption>

DAVID SHAEV Fighting foreclosure.

That issue is key — banks that can’t prove they own a loan can’t legally foreclose. At times, lenders and law firms have been chastised for taking short cuts to gloss over the ownership issue.

Complicating matters is that most delinquent homeowners battle foreclosure actions without a lawyer and get steamrolled.

But that may be changing.

On June 3, Bankruptcy Judge Allan Gropper denied a bank’s attempt to move against a homeowner because it couldn’t prove it owned a mortgage.

Five days later, Brooklyn state court Judge Wayne P. Saitta, citing a bank’s “egregious” misrepresentation, awarded a homeowner $10,000 in sanctions when the bank tried to evict knowing it didn’t own the mortgage.

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



Posted in conflict of interest, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, GMAC, Law Office Of Steven J. Baum, Steven J Baum0 Comments

CHASE left UNSATISFIED! HSBC Mtge. Corp. (USA) v Sapir

CHASE left UNSATISFIED! HSBC Mtge. Corp. (USA) v Sapir

Shhh…Anyone who has any of these named should pay close attention.

Assignment blew up in their face!

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



Posted in chase, foreclosure, foreclosure mills, foreclosures, HSBC, jpmorgan chase, lawsuit, reversed court decision, Steven J Baum0 Comments

JUDGE SCHACK DOES IT AGAIN! TOSSES OUT US BANK FORECLOSURE!

JUDGE SCHACK DOES IT AGAIN! TOSSES OUT US BANK FORECLOSURE!

Hasn’t this law firm learned their lesson…time and time again??

Homeowners’ hero judge slaps US Bank

Post staff for NYPOST
Last Updated: 4:42 AM, July 5, 2010
Posted: 12:44 AM, July 5, 2010

Brooklyn’s battling Judge Arthur M. Schack has struck again, giving a Brooklyn homeowner an Independence Day gift — freedom from foreclosure.

The judge, who has steadfastly pressed banks in foreclosure cases to prove they own the troubled mortgage and has tossed cases when banks have failed to do so, has again dismissed a foreclosure case — this time because the lawyer on the case, Steven J. Baum, represented the mortgage broker, the bank that bought the loan and the industry registration service serving as the nominee of the loan.

But Baum’s conflict of interest wasn’t the case’s only problem.

Judge Schack, in his decision, also found that the bank, US Bank, never should have filed the foreclosure action because of an “ineffective assignment of the subject mortgage and note to it.” In other words, it sold the mortgage, and the mortgage was securitized, leaving the company simply as the servicer — but it decided to try and take back the Crown Heights home anyway.

The Post has reported that the actions of the Baum firm in foreclosure cases has caught the eye of the US Trustee, the arm of the Justice Department responsible for monitoring the Bankruptcy Court.

Baum, a Buffalo-based foreclosure mill that filed 12,551 foreclosure actions in New York last year, has been scolded by judges for bringing foreclosure cases without proper documentation.

In this case, a Baum lawyer, Elpiniki Bechakas, signed papers claiming to be an executive of Mortgage Electronic Registration System, or MERS, which was given certain rights to the mortgages by the broker, Fremont Investment and Loan, while simultaneously representing Fremont and US Bank, which filed the foreclosure in July 2009.

“The Court is concerned that the concurrent representation by [the Baum firm] of both assignor MERS, as nominee for Fremont, and assignee plaintiff US Bank is a conflict of interest,” Schack wrote.

Photo Credit: CBS

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



Posted in case, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, judge arthur schack, MERS, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Mortgage Foreclosure Fraud, robo signer, Steven J Baum, us bank2 Comments


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