Law Office Of Steven J. Baum | FORECLOSURE FRAUD | by DinSFLA - Part 2

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JUDGE SCHACK| Dismisses Case With Prejudice Against Citibank Due To Counsel Failure To Comply

JUDGE SCHACK| Dismisses Case With Prejudice Against Citibank Due To Counsel Failure To Comply


Citibank, N.A. AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2007-SD3, ASSET BACKED CERTIFICATES, SERIES 2007-SD3, Plaintiff,

against

Santiago Murillo, et. al., Defendants

16214/08

Plaintiff: Megan B. Szeliga, Esq. and Jenneifer M. MCann, Esq., Steven J. Baum, P.C., Amherst, NY

Defendant: Paul E. Kerson, Esq., Leavitt, Kerson and Duane, Forest Hills, NY

Arthur M. Schack, J.

Excerpts:

The failure of plaintiff’s counsel, Steven J. Baum, P.C., to comply with two court orders, my November 4, 2010 order and Chief Administrative Judge Pfau’s October 20, 2010 order, demonstrates delinquent conduct by Steven J. Baum, P.C. This mandates the dismissal with prejudice of the instant action. Failure to comply with court-ordered time frames must be taken seriously. It cannot be ignored. There are consequences for ignoring court orders. Recently, on December 16, 2010, the Court of Appeals, in Gibbs v St. Barnabas Hosp. (___NY3d ___, 2010 NY Slip Op 09198), instructed, at *5:

<SNIP>

Conclusion

Accordingly, it is

ORDERED, that the instant action, Index Number 16214/08, is dismissed with

prejudice; and it is further

ORDERED that the Notice of Pendency in this action, filed with the Kings

County Clerk on June 5, 2008, by plaintiff, CITIBANK, N.A. AS TRUSTEE FOR

CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2007-SD3, ASSET BACKED CERTIFICATES, SERIES 2007-SD3 to foreclose on a mortgage for real property located at 41 Hill Street, Brooklyn, New York (Block 4165, Lot 40, County of Kings), is cancelled and discharged.

This constitutes the Decision and Order of the Court.

ENTER

________________________________
HON. ARTHUR M. SCHACK
J. S. C.

Continue reading decision below…

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Posted in STOP FORECLOSURE FRAUDComments (4)

[NYSC] NY JUDGE DENIES 42 FORECLOSURE CASES “HAMP, AFFIDAVIT” ISSUES

[NYSC] NY JUDGE DENIES 42 FORECLOSURE CASES “HAMP, AFFIDAVIT” ISSUES


EXCERPT:

In submitting any future orders of reference said application shall include an affidavit from plaintiff indicating whether this loan is subject to a H.A.M.P. review and whether plaintiff is or is not prevented from proceeding with the instant foreclosure by reason of any applicable federal H.A.M.P. directives.

Read each below as some are worded differently…

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Posted in STOP FORECLOSURE FRAUDComments (3)

[NYSC] JUDGE DISMISSES FORECLOSURE, ORDERS WELLS & FREDDIE TO MODIFY LOAN: Wells Fargo v. Meyers

[NYSC] JUDGE DISMISSES FORECLOSURE, ORDERS WELLS & FREDDIE TO MODIFY LOAN: Wells Fargo v. Meyers


Wells Fargo Bank, N.A. SUCCESSOR BY MERGER TO
WELLS FARGO HOME MORTGAGE INC., Plaintiff,

against

Paul Meyers, MICHELA MEYERS, DAIMLER CHRYSLER
FINANCIAL SERVICES AMERICAS LLC, FORD MOTOR
CREDIT COMPANY, JP MORGAN CHASE BANK, NA
LVNV FUNDING LLC, NEW YORK STATE DEPARTMENT
OF TAXATION AND FINANCE TOWN SUPERVISOR OF
THE TOWN OF BABYLON, and JOHN DOE, Defendants.

Steven J. Baum P.C.
Attorneys for Plaintiff
900 Merchants Concourse
Westbury, New York 11590

Diana Lozada Ruiz
Attorney for Defendants
PO Box 604
Mineola, New York 11501
Patrick A. Sweeney, J.

EXCERPTS:

Meyers testified that the defendants were not in default but were struggling to pay the mortgage. She claimed that several representatives of the plaintiff told her that she could not apply for a modification until she
was three months late with payments.
According to Meyers, she was told to default on the mortgage in order to apply for a modification. Meyers testified that she followed this advice, made a down payment and faxed over a hardship letter along with financial documentation. Meyers claimed that the plaintiff kept losing the documents and that she had to re-fax the information numerous times.

<SNIP>

In addition, the plaintiff has provided conflicting information regarding its denial of the
modification. Less than one month after the initial denial, the defendants received another
letter indicating that the plaintiff could not adjust the terms of the mortgage because the
investor on the mortgage declined the requested modification. Within a week, the defendants
were sent additional letters advising them of mortgage options and again directing them to
apply to the Home Affordable Modification Program. This is inconsistent as the plaintiff
takes the position that it cannot modify the loan without the approval of Freddie Mac but
offered no evidence as to whether the initial modification was approved by Freddie Mac
before it was sent to the defendants. Freddie Mac is not a party to this action and is not the
party seeking to foreclose the mortgage. The plaintiff has failed to demonstrate any good
faith basis for refusing to honor the terms of the trial modification or offering another similar
proposal. The defendants complied with the all the requirements of the trial modification
and have appeared at all the conferences in this action. The defendant Paul Meyers is
gainfully employed and the defendants are trying to avoid losing their home. Under these
circumstances, the Court finds that the plaintiff has acted in bad faith. In view of the Court’s
broad equitable powers, the Court finds that the appropriate remedy is to compel specific
performance of the original modification agreement proposed by the plaintiff and accepted
by the defendants (see e.g. EMC Mortgage Co v Gross, 289 AD2d 438 [2d Dept 2001]).

Accordingly, it is

ORDERED that the plaintiff is directed to execute a final modification based upon the
terms of the original modification proposal, and it is further

ORDERED that the complaint to foreclose the mortgage is dismissed.

Read order below…

[ipaper docId=45744707 access_key=key-18vnftqsmu8sx1384r56 height=600 width=600 /]

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Posted in STOP FORECLOSURE FRAUDComments (4)

FULL DEPOSITION TRANSCRIPT OF LENDER PROCESSING SERVICES SCOTT A. WALTER PART 2 “STEVEN J. BAUM, P.C.”, “O. MAX GARDNER”, “US TRUSTEE”

FULL DEPOSITION TRANSCRIPT OF LENDER PROCESSING SERVICES SCOTT A. WALTER PART 2 “STEVEN J. BAUM, P.C.”, “O. MAX GARDNER”, “US TRUSTEE”


EXCERPT:

Q. So this doesn’t necessarily mean
3 that someone physically picked up the file
4 from LPS; correct?
5 A. My understanding is that this is
6 a note that automates when the attorney
7 has confirmed receipt through new image.
8 Whether that’s manual or not, I couldn’t
9 say based on the notes. And then new
10 image stamps into the LPS Desktop
11 confirming that NIE ID number 0966 and on
12 was pulled in, those documents were
13 received by the attorney.
14 Q. Does LPS have any employees at
15 the Steven J. Baum law firm?
16 A. Not that I’m aware of.

<SNIP>

Q. This is from the Steven J. Baum
law firm; correct?
3 A. It appears to be.
4 Q. Would you have any reason to
5 doubt that?
6 A. No.
7 Q. And could you tell me what this
8 entry represents.
9 A. To the best of my understanding,
10 they have user has completed a POA
11 requisite data form, exactly what it says.
12 I guess I couldn’t give you a full answer.
13 I don’t manage this process, but it
14 appears they are requesting something.
15 Q. So just start me off, POA
16 underscore requisite, what does that stand
17 for?
18 A. I could guess.
19 Q. Is that a category or a type of
20 document?
21 A. Again, I could guess.
22 Q. I don’t want you to guess, but
23 can you make an educated guess?
24 A. Power of attorney.
25 Q. Who at LPS would have a better
understanding of this process? You said
3 it’s not really you.
4 A. I don’t know.
5 Q. Let’s go to entry two hundred
6 fifty-one dated 11/4/08. User has updated
7 the system for the following. Power of
8 attorney requested, completed on 11/4/08.
9 Do you see that?
10 A. Yes.
11 Q. Can you tell me what that entry
12 is.
13 A. I could give you an educated
14 guess.
15 Q. Go ahead.
16 A. My educated guess would be the
17 attorney has requested a power of
18 attorney.
19 Q. From whom?
20 A. From that note, I couldn’t say
21 for certain. But below the secondary
22 note, it seems to indicate JP Morgan to
23 Scott Walter.
24 Q. Who is asking for that? It’s
25 kind of written in the passive.
Who’s actually asking for the
3 power of attorney?

4 A. Appears to me from the notes
5 that Steven J. Baum’s office is making
6 this request.

<SNIP>

A. It appears to be Steven J. Baum
3 noting the file, memorializing that they
4 have prepared an assignment, they have
5 uploaded it into the LPS Desktop to be
6 reviewed and executed, and that it isn’t
7 back yet.

8 Q. What does it mean assignment was
9 received not signed, who’s receiving that?
10 A. I wouldn’t know.
11 Q. Well, do you read this as the
12 assignment is not signed?

13 A. I read it as an assignment is
14 not signed or, let me better state what I
15 meant to say, is that a signed assignment
16 hasn’t been received by Steven J. Baum.

17 Which assignment though I couldn’t tell
18 from this note.

19 Q. Would this assignment be signed
20 by LPS; is that what this is saying?

21 A. It appears that the attorney is
22 stating that.
However, I can’t tell you
23 whether LPS would have signed this
24 document or not without seeing the
25 document that the note’s referencing.

Continue below…

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Posted in STOP FORECLOSURE FRAUDComments (3)

[NYSBK] Circa:08 JUDGE BLASTS BAUM, CHASE HOME FINANCE, PILLAR PROCESSING “ORDER TO SHOW CAUSE” In Re: SCHUESSLER

[NYSBK] Circa:08 JUDGE BLASTS BAUM, CHASE HOME FINANCE, PILLAR PROCESSING “ORDER TO SHOW CAUSE” In Re: SCHUESSLER


EXCERPTS:

On November 28, 2007, several months after this Court scheduled an evidentiary hearing and directed Chase Home Finance to submit the Policy Affidavit, a letter was filed on the Court docket in this case addressed to the Clerk of the Court from a legal assistant acting on behalf of “Pillar Processing, LLC,” an entity unknown to the Court that appeared to have no connection with this case or these Debtors. The letter stated:

Dear Sir or Madam:

Respecting captioned bankruptcy matter, please be advised that the 362 motion scheduled for December 7, 2007, at 10:30am [sic] has been
withdrawn.

Very Truly Yours,
PILLAR PROCESSING, LLC.
By: Robin L. Brown
Legal Assistant

ECF Docket No. 23. Though no relationship was identified or explained in the body or
letterhead, Pillar Processing and Chase Home Finance’s bankruptcy counsel, Steven J.
Baum, P.C., share the same address and telephone number, and ECF reflects that the
letter was filed using a password issued to “Dennis Jose [a Steven J. Baum, P.C. attorney]
on behalf of CHASE HOME FINANCE, LLC.” Chase Home Finance’s bankruptcy
counsel, Steven J. Baum, P.C., has made no effort to address or explain this act, or the
propriety of this action on the record.

<SNIPS>

Finally, the Attorney Affirmation made no effort to explain the relationship between the Steven J.
Baum, P.C. law firm and Pillar Processing, LLC, the non-legal entity that attempted to
withdraw the Lift-Stay Motion.

<SNIP>

The Court will issue a separate order denying the Lift-Stay motion and directing
that neither Chase Home Finance, the current holder or owner of the note and mortgage,
nor any of their successors-in-interest shall in any way seek or charge any attorneys’ fees
or other charges against Debtors, their property, or the mortgage, whether now or at the
end of the mortgage, if such fees or charges are in any manner connected with the Lift-
Stay Motion, the Order to Show Cause, or the Evidentiary Hearing.

This decision is published as a warning, not just to Chase Home Finance and
other mortgage servicers, but to all individuals and entities involved in the process, along
the line – analysts, supervisors and other personnel employed by mortgage servicers;
third-party vendors; regional law firms; and local counsel – that the conduct identified
here, in this Court’s view, constitutes an abuse of process. Although the Court’s focus in
this case was on the mortgage servicer’s conduct and did not order all of the participants
to appear and respond to this Order to Show Cause, they will be included in future orders
if such abusive conduct continues, and the Court will assume familiarity with this
decision.

The Lift-Stay motion, which originated with a notation on an analyst’s computer
screen, has generated a 60-page decision and stress on the Debtors for the nine-month
period that the Lift-Stay Motion was pending. The Court is not compensated according
to time spent on a particular case, but this Order to Show Cause has drawn time and
resources away from other, meritorious cases. Judicial resources do not permit such a
thorough examination of every case. This decision sanctions Chase Home Finance only
for the actual costs incurred by the Debtors. In the Court’s view, the sanction is an
extremely mild one, because the Supreme Court instructs that a bankruptcy court should
exercise its Section 105 powers with restraint and discretion. The Court does not regard
the exercise of restraint in this case to be a limitation on the sanctions that might be
imposed in the future against Chase Home Finance or another mortgage servicer if this
abuse occurs again. If Chase Home Finance, other mortgage servicers and any
employees, third-party vendors, or any attorneys involved in the process at any level
exhibit the same type of abusive conduct in the future, this Court believes that Section
105(a) authorizes sanctions of increasing severity.

Dated: Poughkeepsie, New York
April 10, 2008

/s/ Cecelia Morris .
. CECELIA G. MORRIS
UNITED STATES BANKRUPTCY JUDGE

Read below…

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Posted in STOP FORECLOSURE FRAUDComments (3)

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…


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Posted in STOP FORECLOSURE FRAUDComments (13)

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.

[ipaper docId=37881265 access_key=key-2hj0jnnmfxmm0i37q7l0 height=600 width=600 /]

Related posts:

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

_________________________

CLASS ACTION AMENDED against MERSCORP to include Shareholders, DJSP

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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 StreetComments (2)

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