Posted on 05 January 2011.
Posted on 04 January 2011.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
MONIQUE SYKES et al.,
– against –
MEL HARRIS AND ASSOCIATES, LLC,
APPEARANCES: (See last page)
CHIN, Circuit Judge:
In this case, eight plaintiffs allege that a debt buying
company, a law firm, a process service company, and others
engaged in a “massive scheme to fraudulently obtain default
judgments against them and more than 100,000 other consumers in
state court. Plaintiffs allege that defendants did so by
engaging in “sewer servicer” — the practice of failing to serve a
summons and complaint and then filing a fraudulent affidavit
attesting to service. When the debtors failed to appear in court
because they did not have notice of the lawsuits, defendants
obtained default judgments against them.
Plaintiffs sue on behalf of themselves and all others
similarly situated. Their second amended complaint (the
“Complaint”) asserts claims under the Fair Debt Collection
Practices Act (the “FDCPA”)1,5 U.S.C. 5 1692 et sea., the
Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18
U.S.C. 5 1961 et sea., New York General Business Law (“GBL”) §
349, and New York Judiciary Law 5 487. Plaintiffs seek
injunctive relief, declaratory relief, and damages.
Defendants move to dismiss the Complaint pursuant to
Rules 9 (b) , 12 (b) (1) , and 12 (b) (6) of the Federal Rules of Civil
Procedure, challenging the sufficiency of every claim and the
subject matter jurisdiction of this Court. For the reasons that
follow, the motions to dismiss are denied in part and granted in
Continue below to the decision…
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Posted on 29 December 2010.
Excerpt from letter:
On September 28, October 18, and October 29, 2010, I wrote to you and the other presiding and administrative judges of the Ohio Courts of Common Pleas, noting widespread questions about the accuracy of affidavits filed in foreclosure cases by GMAC Mortgage, Bank of America, JPMorgan Chase, PNC, Wells Fargo and others. I am writing to update you on developments in this area.
In my last letter, I asked you to send my office affidavits signed by robo-signers as well as any motions you received from foreclosure counsel to submit a new affidavit or ratify a foreclosure judgment. A number of you have done so, and I thank you for helping us keep track of the situation. Our office is deciding whether and how to take action in these individual cases.
Read full letter below:
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