Foreclosure Decisions and Rulings Important Compilation

March 29, 2018 | Author: Richarnellia-RichieRichBattiest-Collins | Category: Foreclosure, Mortgage Law, Summary Judgment, Public Law, Financial Services


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Robo-signer, MERS, Foreclosure Mill Staff. Depos & other testimony here.Judge Wolfe (FDLG) Order granting dismissal with prej.2.11.10(2).pdf 1. Judge Crown (Stern) ordermersslammed.pdf Judge Traynor see attached for Smith order (Marshall Watson) Smith+Order+(dismissal+with+prej) +[2].pdf and also Lynn Szymoniak's analysis of the ruling and one more order here (FDLG) 7th+Cir+Judge+Trayno+USBankvMcCleodvacatewprejudice.pdf and another one in the media discussed here (FDLG) http://ning.it/aKv730 4. Judge Tepper (Stern) USBankvHarpster.pdf 5. Judge Bailey (FDLG) Judge Bailey Order Sanction FDLG.pdf 6. Judge Rondolino (Stern) highlighted here 2. 3. EXCELLENT ORDER DISMISSING WITHOUT PREJUDICE: Judge Tepper in Pasco County BAC v Stentz 44668399-Order-6th-CirPasco-Tepper-Bac-v-Stentz-Own-and-Hold-Note-... BONUS CASES Judge Silver: Smith Hiatt Diaz SHD Hillsborough Judge Silver Reminder Order.pdf 2. Judge Johnson: Dismissed with prejudice Shapiro Fishman Pocopanni Order Dismissing with Prejudice.pdf 3. Judge Taylor (Zahm) US Bank v Troche vacated sale to third party here. 4. Florida Circuit Court Judge's order dismissing case for insufficient verification 31208193-Final-OrderDismissing-Sue-Sponte-Due-to-In-Completely-Ver... 5. FL BK Judge John Olson sanctions FDLG for filing fraudulent affidavits Judge Olson Sanction FDLG.pdf 1. Judge Rondolino @ FL Sixth Judicial Circuit Marshall Watson Deutsche Bank v Decker Decker Dismissal Granted by Judge Rondolino.pdf 7. Trial Courts, corrupted and perverted in favor of clearing the dockets. 1. LaSalle v Alicea 5th DCA, 5D09-2129 Judge Doyle Trial court did not consider the merits of the case here Lower case: 2008-14447-CIDL, Volusia Lis Pendens: 6302/182 Filed by John Howarth Farren, Butler & Hosch, P.A., Bar ID 913871 6. Wells Fargo v Lupica 5th DCA, 5D09-2902 Judge Doyle (Kass Schuler) Trial judge's abuse of discretion here Lower case: 09-10135-CIDL, Volusia Lis Pendens: 6312/102 Filed by Michelle Garcia Gilbert, Kass, Shuler, Solomon, Spector, Foyle & Singer, PA, Bar ID: 549452 (xref bar ID: 559120) 3. Crown v. Chase 5th DCA, 5D09-1225 Judge Law Trial judge's abuse of Discretion here Lower case: 2008-CA-2879, Lake (LP on 6/30/2008) Filed by Anissa J. Bolton, Marshall Watson, Bar ID 5193 4. Kontos v. American Mortgage Servicing, Inc. 1st DCA, 1D09-2308 (LP on 7/7/2008) Judge Wells Foreclosure summary judgment was granted improperly and without evidence of transfer of mortgage (no assignment) to foreclosing entity here Lower case: 08-CA-0001052, Walton Melissa R. Rinaldi, Consuegra, Bar ID 050252 5. Vidal v. Suntrust Bank 4th DCA, 4D09-3019 Judge Warner - REVERSED Service of Process Insufficient - Failure to Note the Time of Service Renders the Service Deficient http://wp.me/pFWnq-2aE 2. Lower case: 502009CA008539XXXXMB, PBC Filer (non mortgage case): Aliette DelPozo Rodz, Shutts & Bowen, Bar ID 173592 6. Lazuran v. Citimortgage 4th DCA Judge Gerber reverses summary judgment for unresolved issues of material fact (Stern) 4D09-1340.op.pdf Lower case: CACE08045895 (Broward) [LP filed 9/25/08] Michelle Gilbert, FL Bar 549452, Kass, Shuler LP book/page: 45722/1175 Matthew Shapanka, Bar ID 52874, 8. Judge Brown, Motion to Dismiss Granted for unpaid doc stampsOrder Granting MTD Doc Stamps(2).pdf 9. Foreclosure Case Dismissed in Pinellas County Based on Florida Rule of Civil Procedure 1.120(a). http://ning.it/6o5PNz 10. The Plaintiff is a mortgage brokerage company who used the MERS system. Diversified is now demanding to know exactly how many loans it actually owns. Apparently, MERS has given them conflicting information and even deactivated. Diversified states it is unable to ascertain that information based on a search of county records. Diversified v. MERS.pdf 11. Florida 4th DCA Appellate Motion for Rehearing and Certification to the Supreme Court MFRehearing and Req for Cert (3).pdf 12. Florida 2nd DCA case on evidentiary requirement for banking record authentication Armstrong v. State 2 dca 20100 apply it to evidentiary proof.pdf 13. Florida 4th Circuit Court, Duval County, Judge James Harrison granted counterclaims against foreclosure mill David J Stern GMAC v. Gasque v. DJS Order denying MTD non party DJS.pdf 14. FL 3rd DCA - Sewer Service REVERSED RE Opella v Bayview: http://wp.me/pFWnq-3Q2\ FL 4th DCA - Follow details of FL Statute for correct service of process 4D10-1129.op Service of Process FL Statute Details must be followed 16. FL 4th DCA - Foreclosure Defense attorneys are entitled to fees EVEN WHEN they unveil fraud upon the court and banks' attorneys voluntarily dismiss the caseValcarcel v Chase attny fees awarded 4D10-379.pdf 17. FL 1st DCA Dual Track Scam SJ reversed Palacio v Alaskan Seaboard Partners 1st DCA Dual Track Scam reversed Palacia v Alaska Seaboard 18. Trial Court Judge Smack down for unverified amended complaint Deutsche v Decker Verification Smack Down and the order here Deutsche v Decker Rondolino Order 19. 5th DCA Judge not abusing discretion for dismissing a case where PL is utterly deceitful Dismissal for Utter Deceit not abuse 20. 4th DCA Trial Judge reversed on disallowing defendant's attorney fees Country Place v JP Morgan 4th DCA and 2nd DCA case finds same SouthBay Lakes HOA 21. Smith Hiatt Diaz smackdown & sanctions SHD Show Just Cause & Defreitas Smith Hiatt Contempt hearing Transcript 8-30-10%20transcr... & Dunnigan Order 49K Sanction 22. 1st DCA Affirmative Defenses must be respected, reversal of granted summary judgment MitchellPadot.pdf 23. Florida Unclean Hands Case Law here 24. Indian River Judge Cynthia Cox order dismissing case without leave to amend for lack of proper verification FDLG FDLG case dismissed verification insufficient and another here IndianRiverDismissal improper verification.pdf and another here from Judge Jirotka in Pinellas 25. Brevard Judge Holcomb MTD granted, insufficient verification PBC Bank v Peckham here Complaint must be verified by Plaintiff & within the document itself (not on a separate document). Verification by Plaintiff within complaint 15. 4th DCA affirm voluntary dismissal after uncovering FRAUD UPON THE COURT and certify case for the FLSC 4D10-378 Roman Pino v BONYM 27. 5th DCA Due Process rights violated when no service of process Holmes v US Bank NA here 28. Judge Rondolino addresses verification of amended complaint when the first complaint was grandfathered in prior to the effective date of the verification rule - order here 29. 3rd DCA Farah v Iberia Deficiency collection rights can not be part of a foreclosure judgement. There must be a separate lawsuit. 30. Pasco County Trial Court Judge Tepper grants MTD w/leave to amend complaint & discusses holder vs owner, endorsement in blank, and other issues BAC Home Loans v Stentz here 31. 2nd DCA Avi-Isaac v Wells Fargo Evidentiary hearing required on a motion to vacate 32. 2nd DCA material facts FL| Summary Judgement REVERSED SANDORO v. HSBC BANK http://wp.me/pFWnq-5gV 33. 4th DCA Servedio v US Bank Summary Judgment reversedhere 34. Miami Judge Lando transcript of Ben Ezra Katz smackdownhere 35. Smith Hiatt Diaz Sanctioned by FL Judge Dennigan SHD Show Just Cause & Defreitas Smith Hiatt Contempt hearing Transcript 8-30-10%20transcr... & Dunnigan Order 49K Sanction 36. Pasco County Trial Court Judge Tepper grants MTD w/o prejudice for 1) improper verification by servicer, 2) failure to connect foreclosing bank to original lender, 3) failure for trust to register in FL. OrderofdismissalTepperIovine.pdf 37. 5th DCA Kahn V BoA non-party restricted endorsements (and maybe no endorsement/allonge when plaintiff is not originator) is an issue of standing 5th DCA Kahn v BoA 26. 4th DCA Note endorsed in blank still requires an affidavit from mortgage successors in interest (which MUST be contested if affidavit is fraudulent) Isaac v Deutsche 4th DCA Isaac v Deutshe 38. More from StopForeclosureFraudhere. MERS & Robosigner Depositions & Admissions & FL AG interview transcripts here Save homes. Add to this list. The more information we have, the closer we get to indictments. Email depos, transcripts, etc to [email protected] Educate yourself. Florida Court Orders & Appellate Reversals here. Excellent resource explaining the background of the American foreclosure crisis. Take time to read and click links. http://ning.it/cI5woW Read the Cambridge Complaint to learn about the Mortgage Backed Securities Chain Gang. This is a long detailed document. Section III The Parties can be skimmed. read here or download cambridge-investments-v-et-al.pdf Read or Listen to this book: The Big Short by Michael Lewis Order on Netflix or purchase this documentary: Plunder, The Crime of Our Time Read this about the reckless, irresponsible, wheeling-dealing, parasitic banks http://ning.it/9OXpV7 and this about MERS http://ning.it/9BkD6l Florida Foreclosure Judges' Bench Book here MERS DEPOS 1. MERS Corp Secretary William Hultman linked here April 7, 2010 (FYI Copyright info for transcripts) 2. MERS Corp Secretary William Hultman Nov 11, 2009 MERS dep trans of William Hultman.- 11_11_09.pdf 1. MERS CEO R K Arnold Sept 9, 2006 corporate rep depo rk arnold 9 25 2006.doc 2. MERS CEO R K Arnold Sept 25, 2009 09-25-2009 Deposition of RK Arnold, CEO, MERS.doc Depositions 3. MERS CEO RK Arnold November 16, 2010 Response to Senator Brown's questions during US Senate Banking Committee Investigation into Foreclosure Fraud Arnold Response 111610 4. Partial Testimony of MERS William C Hultman here 5. William Hultman testimony to the AZ House in Feb2011 at min 44:20 on the video here FORECLOSURE MILL MINIONS 1. Ron Wolfe, managing partner of Florida Default Law Group (motion to compel and transcript of deposition) here 2. Tammy Kapusta, paralegal who once worked at FL mill Stern's office KAPUSTAtammie.pdf 3. Other Florida mill minions statements here. 4. Hollan Fintel, of Florida Default Law Group, then moved to Shapiro 5. 6. 7. 8. 9. Fishman http://goo.gl/fb/pBdE5 Francis Hallinan, PA foreclosure mill attorney PA Foreclosure Mill attorney explains fabrication of evidence (read page 24--pages 90-93) http://ning.it/hOgeci (missing pages 3-9) Shellie Hill, OH Deed Paralegal, of Lerner, Sampson & Rothfuss: http://wp.me/pFWnq-4ik Patricia Arango, attorney at Florida foreclosure mill Law Office of Marshall Watson Patricia Arango, Marshall Watson attorney (commentary here) Full Affidavit of paralegal Jose Portillo of Shapiro & Burson | Over 1,000 Deeds Were Recorded with False Signatures http://wp.me/pFWnq-5i5 Shapiro Network Jose Portillo Affidavit%20of%20Jose%20Portillo-3.pdf Lender Processing Services (LPS) 1. Bill Newland from Fidelity / Lender Processing Services, LPS Part II: http://wp.me/pFWnq-45O 2. Scott Walter from Lender Processing Services, LPS: http://wp.me/pFWnq- 45D 3. Scott Walter from Lender Processing Services, LPS Part II: http://w... 4. Christian Hymer, 1st VP Operations LPS Christian Hymer, 1st VP Operations LPS ROBOSIGNERS Depositions & Admissions Cheryl Samons: http://tinyurl.com/yansx5z Cheryl Samons: http://ning.it/d2Ra5s Cheryl Samons: here Cheryl Samons via David J Stern's notary Shannon Smith Erica Johnson Seck of Indymac/Onewest Erica Johnson-Seck http://tinyurl.com/yfe7565 6. Angela Nolan of JP Morgan Chase (endorsements in blank on notes) Angela Nolan: http://ning.it/9yz7Ne 7. Jeffrey Stephan of GMAC/Ally Jeffrey Stephan: http://tinyurl.com/yz6jgsj 8. Jeffrey Stephan of GMAC/Ally Jeffrey Stephan: http://tinyurl.com/2cm55pd 9. Beth Cottrell of Chase Home Finance, LLC Beth Cottrell notice of taking Depo ducus tecum 10. Beth Cottrell Depo: http://ning.it/df9EF2 11. Scott Anderson of Ocwen Admissions http://ning.it/dkQKjW 12. Tina Bado of Bank United: Tina Bado depo transcript.pdf 13. John Herman Kennerty of Wells Fargo: Herman John Kennerty of Wells Fargo.May20.2010.pdf 14. Renee Hertzler of Bank of America here 15. Xee Maou of Wells Fargo (exhibits Deposition Transcript Exhibits of Xee Moua-33945-KCH.pdf and transcript Deposition Transcript of Xee Moua33942-KCH.pdf 16. Krystal Hall of Bank of America : BoA Krystal Hall.pdf 17. Tamara Savery of Wells Fargo: here 18. Erica Lance (colleague of Brian Bly & Crystal Moore) of Nationwide Title here 19. Tam Doan, "I was a Bank of America robosigner" CNN news article here 20. Tamara Price of Citi Residential Lending 2008.04.21 Depo of Tamara Price(2).pdf 21. Denise Bailey of Litton Loans D__Bailey_Depo1_(3)[1]-1.pdf and D__Bailey_Depo2_(2)_(3)[1].pdf 1. 2. 3. 4. 5. 22. Alden Berner, Wells Fargo Verification Robosigner Berner-Depo- Verification-of-Complaints-Redacted1.pdf 23. Judy Faber, GMAC & Residential Funding Robosigner GMACDepostionFaber.pdf 24. Brian Bly, Nationwide Title Clearinghouse Robo-signer (a doc-shop) Brian Bly depo and Brian Bly Employment with Nationwide Title Clearinghouse verification here. 25. Full Deposition of Stanley Silva, Notice of Default Robo-Signer http://wp.me/pFWnq-4uA 26. Suzanne Johnstone of Select Portfolio Servicing Johnstone Suzanne Select Portfolio.txt 27. Ronaldo Reyes, Deutsche Bank VP securitization depo Depos of Deutsche Bank VP Ronaldo Reyes.pdf 28. Deposition Transcript of SELECT PORTFOLIO SERVICING (SPS) MINDY LEETHAM http://t.co/b5Rt16P 29. Deposition Transcript of Litton Loan Servicing Litigation Manager Christopher Spradling http://goo.gl/fb/hiXIX 30. Deposition of Cheryl Thomas of DocX & LPS 51885547-Deposition-ofCheryl-Thomas-March-23-2011.pdf 31. Deposition of Christine Odom, Nationstar, servicer for Plaintiff Citimortgage here OTHERS 1. Linda DeMartini, Bank of America document custodian here 2. Dale M Sugimoto, President of Sand Canyon f/k/a Option One Dale M Sugimoto • • • • • • • CLASS ACTIONS DEPOSITIONS Education » Foreclosure Laws by State » LPS 101 MERS 101 Securitization 101 Categorized | STOP FORECLOSURE FRAUD COMPILATION OF IMPORTANT FORECLOSURE DECISIONS and RULINGS Posted on11 March 2011. Tags: appeals court, bankruptcy, Decisions, foreclosure fraud, foreclosures, MERS, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., ORDERS, quiet title, remanded, reversals, reversed, Rulings, Supreme Court, trial court, victory MERS a Common Thread BREAKING NEWS: AFFIRMED MASSIVE VICTORY RULING FOR HOMEOWNERS “IBANEZ, LaRACE” MA BK Judge Vacates Own Ruling “MERS Assignment Fail, Securitization Fail, Deutsche Was NOT Owner of Mortgage” IN RE: SCHWARTZ Ka-B°oO°M!!! Alabama Judge Denies Securitization Trustee Standing To Foreclose HORACE v. LaSALLE BANK NA NY Judge Puts An End To Modification Game, Strikes Back With His Own Rules | U.S. BANK v. PADILLA BLOCKBUSTER FRAUD | LA BK Judge Grants Motion For Sanctions Against Lender Processing Services (LPS) Liability IN RE: WILSON CA BK Court Rejects MERS’ Offer Of An Alternative To The Public Recording System | IN RE: SALAZAR MERS, Endorsed Note Get SLAMMED by Kings County NY Supreme Court | BANK of NEW YORK v. ALDERAZI NEW JERSEY Superior Court Dismissal “Hole in the chain of title, Big enough to drive a truck through” U.S. BANK v. SPENCER Judge Schack SLAMS DEUTSCHE BANK w/ PREJUDICE “Unable To Demonstrate It Owns Mortgage & Note, Unrecorded MERS Assignment” DBNT v. FRANCIS MA BK COURT | MERS Purported Note “assignments” All Invalid. MERS Cannot Assign Mortgage AND Note IN RE: THOMAS WIS. APPEALS COURT REVERSED “FAILED MERS ASSIGNMENT, FAILED AFFIDAVIT, FAILED STANDING, FAILED CASE” AURORA v. CARLSEN MUST READ | VERMONT BK COURT DENIES SUMMARY JUDGMENT MOTION OF U.S. BANK NATIONAL ASSOCIATION In Re: PARKER FL 2nd DCA Reverses SJ, “Genuine Issues of Material FACT, Purported Assignment of Mortgage” SANDORO v. HSBC BANK IL Appeals Court Vacates Judgment, Quash Service of Summons ‘NO PROOF’ MERS assigned BOTH Mortgage and NOTE to HSBC MILLER v. HSBC OHIO JUDGMENT REVERSED FULL Payoff Rejected, Broken Entry (2), FDIC, as Receiver of WAMU v. TRAVERSARI WI Appeals Court Reverses SJ “Affidavit Submissions, Do Not Authenticate Assignment and Note” PHH MTG v. KOLODZIEJ CALIFORNIA Decisions Against MERS, NOT A CALIFORNIA CORPORATION, NOT A FOREIGN BANK MAKING MORTGAGES! CA IMPORTANT NOTICE: TRO & Order To Show Cause On DEUTSCHE, AURORA LOAN SERVICES GA Supreme Court Affirms | Quiet Title, Forged Deeds Cannot Vest Title AURORA LOAN SERVICES, LLC v. Veatch BREAKING NEWS | NY Appeals Court Allows Damages For Legal Malpractice Against Steven J. Baum, P.C. Interesting Appeals Court Reversal From 1950’s “Fourteenth Amendment, Due Process” Mullane v. Central Hanover Bank & Trust Co. KENTUCKY APPEALS COURT VACATES SJ “DEUTSCHE BANK DID NOT HAVE STANDING” AUGENSTEIN v. DEUTSCHE BANK TX Appeals Court “Raises Questions, Splitting of the Deed of Trust from the Note” MERS v. DiSANTI OHIO APPEALS COURT REVERSAL “Breach of Contract, Fraud, and Misrepresentation Arising From a Forbearance Agreement” CitiMortgage, Inc. v. Slack OHIO APPEALS COURT REVERSED “AFFIDAVIT = NO PROOF YOU OWN NOTE” DEUTSCHE BANK v. TRIPLETT NY Appeals Court “Nail and Mail, Referee’s Deed, Insufficent” HOME LOAN SERVS., INC. v. Moskowitz FL 2nd DCA Appeals Court Reverses Attorney Fees “NO STANDING, WRONG ASSOCIATION, IMPROPER FILINGS” Against WELLS FARGO and David J. Stern, P.A. MUST READ! NY Judge Vacates NOTE Over Confusion, LQQK And SEE WHY! JPMorgan Chase v. RAMIREZ FL 5thDCA Appeals Court Reversal “PURCHASERS’ DUE PROCESS VIOLATED” GIANTHONY HOMES, INC. v. US Bank National Association EXPLOSIVE | FL 4th DCA Sends Foreclosure Fraud Case To Florida Supreme Court PINO v. BANK OF NEW YORK BOO-YAA!! NJ Appeals Court Reversal “LPS, LAURA HESCOTT, Assignment Fail, Affidavit Fail” DEUTSCHE BANK NATIONAL TRUST COMPANY v. WILSON NJ Appeals Court Reverses SJ “Failed To Have Standing” WELLS FARGO v. SANDRA A. FORD CA APPEALS COURT REVERSAL “PROMISSORY ESTOPPEL, CAN SUE FOR FRAUD” ACEVES v. U.S. BANK NY 2nd Appellate Div. “NO STANDING” US Bank Natl. Assn. v Madero Arizona Bankruptcy Court Denies BAC “No Docs To Show Ownership Of Loan Or Standing” In re: ZITTA WISCONSIN ‘Flawed Affidavits, SJ Reversed” BANK OF NEW YORK (BONY) v. CANO OHIO WELLS FARGO QUIET TITLE FAIL | GROVE COURT CONDOMINIUM UNIT OWNERS’ASSN. v. Hartman U.S. 3rd Circuit Court Of Appeals “FDCPA, CLASS ACTION” ALLEN v. LASALLE, FEIN, SUCH, KAHN AND SHEPARD, PC 2nd DCA- SMACKDOWN! Florida’s Court DENIES BAC Petition for Writ! OHIO APPEALS COURT AFFIRMS “NO STANDING TO FORECLOSE” U.S. BANK v. DUVALL FL APPEALS 2nd DCA “Unsupportable Claim, Lost Note Affidavit” COUNTRY PLACE COMM v. JPMORGAN FL APPEALS 5th DCA REVERSAL “Race-Notice, Unrecorded Instrument” ARGENT v. WACHOVIA FL APPEALS 4th DCA “FINDS NO ABUSE, AFFIRMS TRIAL COURT DECISION IN CLASS CERTIFICATION”: DAVID J. STERN V. BANNER, WELLS FARGO NYSC APPELLANTE DIV. “A DEED BASED ON FORGERY IS VOID, MORTGAGE BASED ON SUCH DEED IS INVALID” GMAC v. CHAN NYSC APPELLANTE DIV. REVERSAL “MORTGAGE MAY BE INVALID PENDING FRAUDULENT TRANSFER, FORGERY RESULTS” WARGO v. AIG OHIO APPEALS COURT GIVE HSBC A BEAT DOWN! “AG CORDRAY AMICUS”, “MERS ISSUE”, “AFFIDAVIT ISSUES”, “UNATTACHED ALLONGE TO NOTE”: HSBC Bank USA v. Thompson PA: Homeowners Appeal to Third Circuit in Foreclosure Fraud Class Action Against Countrywide, Wells Fargo and Phelan Hallinan & Schmieg OK CIV. APPEALS COURT REVERSAL “CONFLICTS IN NOTE OWNERSHIP”, “MERS BIFURCATION” BAC HOME LOANS fka COUNTRYWIDE v. White OHIO 2nd APPELLATE DIST. REVERSES SUMMARY JUDGMENT; BANK OF AMERICA v. LITTERAL INDIANA APPEALS COURT “Abusive Debt Collection Practices”; LUCAS v. US BANK N.A, LITTON D.C. Appeals Court REVERSAL: “TENANT AT WILL VICTORY” Banks v. Eastern Savings Bank FL 4th DCA APPEALS COURT: “ATTORNEY FEES AWARDED” VALCARCEL v. CHASE BANK IL 7th Circuit Appeals Court: “WHERE’S THE NOTE” COGSWELL v. CITIFINANCIAL MORTGAGE FL 3rd DCA Appeals Court: “Process Service” OPELLA vs. Bayview Loan Servicing, LLC Indiana Appeals Court Reversal: LACY-McKINNEY v. TAYLOR, BEAN& WHITAKER MORTGAGE CORPORATION IA APPEALS COURT |”Sheriff’s Sale Null and Void, Returning Legal Title to Owner” BANK OF NEW YORK v SMITH CA APPEALS COURT REVERSES BK STAY ORDER FOR BAC HOME LOANS FOR LACK OF STANDING ANOTHER FL WIN! FLORIDA 4th DCA APPEALS COURT SERVEDIO v. US BANK Kluge v. Fugazy, 145 AD 2d 537 – NY: Appellate Div., 2nd Dept. 1988 FL 4th DCA COURT OF APPEALS REVERSES SUMMARY JUDGMENT: ALEJANDRE v. DEUTSCHE BANK TRUST COMPANY ‘MERS’ HAS NO STANDING: A Judge Who sees the TRUTH “FLORIDA REVERSAL” Ruscalleda vs Hsbc Bank NY BK Court SHREDS MERS “NO RIGHT TO TRANSFER MORTGAGES” In Re: FERREL L. AGARD MERS is NOT in FACT a “MORTGAGEE”| MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. v. SAUNDERS “Cat Out Of the Bag” (Trade Secrets) in CAPITAL ONE, NA v. Forbes, Fla: Dist. Court of Appeal, 2nd Dist. 2010 TILA ‘VIOLATION’ TIMELY FILED REVERSAL & REMAND: Luce Frazile v. EMC Mortgage Corporation, 09-15560 MASSIVE RULING TO PROTECT CALIFORNIA HOMEOWNERS FROM NON JUDICIAL FORECLOSURE: MABRY v. THE SUPERIOR COURT OF ORANGE COUNTY CODE 2923.5 REJECTED, REVERSED, LACK OF STANDING, ASSIGNMENT ERROR: Bank of New York v. GINDELE, 2010 Ohio 542 – Ohio: Court of Appeals, 1st Dist., Hamilton “Fla. 3rd DCA REVERSED” Mortgage Electronic Registration Systems, Inc., Appellant, vs. Oscar Revoredo, et al., Appellees. 2007 *REVERSED* Patricia A. Arango of the Law Offices of Marshall C. Watson, P.A., Fort Lauderdale, for Appellee-Aurora Loan Services, LLC., MERS “FINAL JUDGMENT REVERSED”!! GMAC v Visicaro Case No 07013084CI: florida judge reverses himself: applies basic rules of evidence and overturns his own order granting motion for summary judgment EXCLUSIVE | NYSC COMMERCIAL (CMBS), MERS and a $65 MILLION NOTE NO EXCUSE | Why MERS Should’ve Been Stopped Long Time Ago! WHOA!! NYSC Order To Show Cause “EXPUNGE SAID MORTGAGE & IT’S ASSIGNMENT” Alfred Lewis Enerprises. v. U.S. BANK Judge Schack Rips Into “Debt Collector” Steven J. Baum P.C., Cancels Notice of Pendency WELLS FARGO v. ZELOUF Judge SCHACK Dismisses Case W/ PREJUDICE, Cancels Notice of Pendency Due To Counsel Failure to Comply NYCTL 2008-A Trust, BONY v. HOLAS NYSC Gives EMC The Boot For Not Having Standing, Vacates Judgment of Foreclosure, Sale Due To Retroactive Assignment [NYSC] Judge Spinner “Plaintiff’s Papers Raises Disturbing Issues”, “Appears To Run Counter To New York’s Statute of Frauds” BENEFICIAL HOMEOWNER SERV. CORP v. STEELE NY 2nd Appellate Div. “NO STANDING” US Bank Natl. Assn. v Madero NY Judge Markey Uses Recent MA SJC “U.S. Bank v. Ibanez” in DEUTSCHE BANK v. RAMOTAR OUTRAGEOUS |NYSC Judge Suspends 30 Cases From Steven J. Baum PC for Intentional Failure of Improper and Inadequate Submissions Mind Blowing | Judge Schack Names Robo-Signers In Many Foreclosure Cases [GREATEST HITS] SANCTIONS! STEVEN J. BAUM PC For Practice of Fraud, Deception, and Misrepresentation Upon the Court NY Law Offices of Steven J. Baum P.C. may get sanctions for False Representations [NYSC] STEVEN J BAUM PC UNABLE TO LOCATE WELLS FARGO AUTHORITY TO EXECUTE TRANSFER OF ANY LOAN DOCUMENTS STEVEN J. BAUM PC, HSBC Mtg Corp “EX PARTE”, “MILITARY DEFENDANT” While Defending Nation JUDGE SCHACK| Dismisses Case With Prejudice Against Citibank Due To Counsel Failure To Comply [NYSC] JUDGE SCHACK Tears up WaMU’s Counsel For “Defective Verification, Phony NY House Counsel” WAMU v. PHILLP [NYSC] JUDGE SPINNER LETS U.S. BANK HAVE IT “HAMP FAIL” U.S. Bank Natl. Assn. v Mathon [NYSC] Judge Orders JPMorgan Chase “TO SHOW CAUSE”: JPMORGAN CHASE v. SCISSURA MIND-BLOWING!! NY JUDGE DENIES 127 FORECLOSURES PURSUANT TO ADMINISTRATIVE ORDERS FROM CHIEF JUDGE, ROBO SIGNING [NYSC] JUDGE SCHACK SLAMS CITI FOR NOT COMPLYING WITH NEW RULE “COURT DOES NOT WORK FOR CITI” CitiMortgage, Inc. v Nunez [NYSC] Judge Finds Issues With “NOTE AMOUNTS”, Robo Signer “ROGER STOTTS” Affidavit: ONEWEST v. GARCIA [NYSC] DISMISSED “NO EVIDENCE MERS TRANFERRED INTEREST IN NOTE” LNV CORP v. MADISON REAL ESTATE LLC FIVE (5) NYSC CASES INVOLVING ROBO-SIGNER TAMARA PRICE JUDGE SCHACK BLOWS ‘MERS’ & Bank Of New York (BNY) OUT THE DOOR! FORECLOSURE FRAUD Personally CAUGHT by JUDGE SCHACK! Dismissed with PREJUDICE! NYSC Judge Karen V. Murphy Calls Out Robo-Signer Margaret Dalton, EMC, MERS [NYSC] JUDGE SCHACK TAKES ON ROBO-SIGNER ERICA JOHNSON SECK: DEUTSCHE BANK v. MARAJ (1) (64.591) [NYSC] JUDGE SCHACK TAKES ON ROBO-SIGNER ERICA JOHNSON SECK: DEUTSCHE BANK v. HARRIS (2) (70.24) [NYSC] JUDGE SCHACK TAKES ON ROBO-SIGNER ERICA JOHNSON SECK: ONEWEST BANK v. DRAYTON (3) VICTOR PARISI ROBO-SIGNER CALLED OUT BY [NYSC] JUDGE LAURA JACOBSON: Equity One v. James 2006 (1) VICTOR PARISI ROBO-SIGNER CALLED OUT BY [NYSC] JUDGE ARTHUR SCHACK: HSBC Bank USA v. Perboo 2008 (2) VICTOR PARISI ROBO-SIGNER CALLED OUT BY [NYSC] JUDGE JEFFREY ARLEN SPINNER: JPMORGAN v. MUNOZ 2009 (3) VICTOR PARISI ROBO-SIGNER CALLED OUT BY [NBKDC] JUDGE LINDA B. RIEGLE: MITCHELL v. MERS 2009 (4) [NYBKC] WELLS FARGO ASSIGNMENT, STEVEN J. BAUM P.C. COUNSEL UNABLE TO ANSWER QUESTIONS IN SUPPORT NYSC FINDS BNY FAILED TO SUBMIT ADMISSIBLE EVIDENCE: Bank of New York v. Elserafy 2010 NYSC AGREES TO SUBPOENA OF CUSTODIAL RECORDS FOR PENDING CA CASE: MBIA INSURANCE CORPORATION v. INDYMAC ABS et al. “indorsement” on a separate page ‘I DON’T THINK SO’! IndyMAC BANK FSB v. Garcia, 2010 NY Slip Op 51127 – NY: Supreme Court, Suffolk 2010 [NYSC] Standing is a threshold issue, pathway to the courthouse is blocked: WELLS FARGO v. CAMPBELL NO MENTION OF DEBT OR NOTE ON ASSIGNMENT, DISMISSED WITH PREJUDICE: WACHOVIA v. VARGAS NYSC Judge ARTHUR SCHACK’s COLASSAL Steven J. BAUM “MiLL” SMACK DOWN!! MERS TWILIGHT ZONE! NEW YORK COURT DISMISSES FORECLOSURE WITH PREJUDICE ON ILLEGAL MERS ASSIGNMENT EXECUTED BY COUNSEL FOR THE FORECLOSING PLAINTIFF ONEWEST BANK GETS THE BOOT, MERS ASSIGNMENT MAKES NO REFERENCE TO NOTE CASE EVERYONE SHOULD READ: DEUTSCHE BANK TRUST AMS. AS TRUSTEE v. McCoy, 2010 NY Slip Op 51664 – NY: Supreme Court, Suffolk Lasalle Bank N.A. v Smith 2010: NY Slip Judge Schack does it again! Slams BAUM Law Firm! NY JUDGE SPINNER DENIES Deutsche & MERS for NOT Recording Mortgage, Make up Affidavit and Assignment! NYSC LPS FORECLOSURE AFFIDAVIT ‘NO PERSONAL KNOWLEDGE’ & ‘FAILURE IN SUPPORT’ Deutsche Bank National Trust Co. YOU HAVE NO STANDING: YOUR DISMISSED! Deutsche v. Stevens NY SLIP OP 50909(U) 5/18/2010 JUDGE QUESTIONS “DUAL ROLE” OF COUNSEL FOR MERS & CHASE HOME FINANCE NY Judge Hammers “Foreclosure Mill” STEVEN J. BAUM For Failing To Comply Don’t mess with Judge Spinner…he will read you like a book! Emigrant Mtge. Co., Inc. v Fitzpatrick “TRO” ISSUED ON MERS, MERRILL & STEVEN J. BAUM HEY NY TIMES…’NO PROOF’ JEFFREY STEPHAN HAS AUTHORITY TO EXECUTE AFFIDAVIT FOR WELLS FARGO IN ‘DEED’ | ROBO-SIGNER JEFFREY STEPHAN & MERS HAVE “PATTERN OF CONDUCT” HISTORY TOGETHER GMAC, MERS & STEVEN J. BAUM PC…THE COURT IS AT LOSS ON A PURPORTED “CORRECTIVE ASSIGNMENT” NY SUPREME COURT DENIES ‘MERS’| NO CRYSTAL CLEAR INVOVEMENT AS “NOMINEE” NY SUPREME COURT JUDGE BASHES ‘MERS’ FOR SUING ITSELF…OWNS NOTHING! NY SUPREME COURT: MERS “DEVOID OF PROOF” AS NOMINEE MERS FAILS AS NOMINEE, AUTHORITY TO TRANSFER OWNERSHIP OF NOTE! FINAL DISPOSITION| NO Evidence ‘MERS’ Owned The NOTE, Could NOT ASSIGN IT INDYMAC, ONEWEST DENIED|’Lost Assignment’ ‘Break In Chain of Title’ RESTRAINED |’MERS’ and any of its attorneys, agents, successors and assignees by NY SUPREME COURT NY SUPREME COURT finds RECORDING DEFECTS |Mortgage Electronic Registration Systems Inc., v. Lisser IN RE MATTER OF THE FORECLOSURE OF TAX LIENS, 2010 NY Slip Op 30628 – NY: Supreme Court, Wayne 2010 MERS MERS ‘AGENT’ PREVIOUS MTG FRAUD SCHEME| Mortgage Electronic Registration Systems, Inc. v. Folkes, 2010 NY Slip Op 32007 – NY: Supreme Court WM SPECIALTY MORTGAGE v. JORGE RAMIREZ NO PROOF MERS OWNED THE MORTGAGE AND NOTE MERS v. MAHENDRA RAMDOOLAR MERS IN NOT THE OWNER OF SUBJECT MORTGAGE AND NOTE BANK OF NEW YORK V. JOSEPH CERULLO MERS NOT OWNER AND HOLDER OF NOTE MORTGAGE THE BANK OF NY MELLON V. RICHARD BUSTRUC MERS IS NOT OWNER HOLDER OF MORTGAGE AND NOTE NY SUPREME COURT: WELLS FARGO, MERS & STEVEN J. BAUM “FATAL DEFECT” [NYSC] MERS HAS NO INTEREST, STANDING, OFFICER AFFIDAVIT HAS NO PROVATIVE VALUE New York Judges Slam Baum Law Firm and JP Morgan Chase Citing Questionable Legal Work! NYSC QUESTIONS MERS MOTIVE: MERS SATISFIED MORTGAGE, YET NO RECORDED ASSIGNMENT AZ Bankruptcy Judge Eileen W. Hollowell Sanctions Tiffany & Bosco, Saxon Mortgage Another ARIZONA BEAT DOWN from U.S. BK Judge EILEEN W. HOLLOWELL! In RE: JULIA V. VASQUEZ DEUTSCHE GETS AN ARIZONA BEAT DOWN! In RE: Tarantola WEISBAND Case No. 4:09-bk-05175-EWH. BKR Tucson Judge HOLLOWELL Denies MLS for Lack of Standing WASHINGTON STATE: QUIET TITLE & DAMAGES VICTORY FLORIDA VICTORY: DAVID J. STERN FIRM SANCTIONS GRANTED! US BANK v. GARNER Victory in Arizona Federal Court *BREAKING* Florida judge denies Law Office of David J. Stern motion to quash subpoena CALIFORNIA ‘QUIET TITLE’ VICTORY: PAUL NGUYEN V. CHASE et al VICTORY IN MONTANA: PRELIMINARY INJUNCTION ISSUED AGAINST MERS, RECONTRUST, AND COUNTRYWIDE
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