Wednesday, October 27, 2010

Brooklyn judge Arthur Schack is a local hero, decision casts light on fraudulent mortgage paperwork

Brooklyn judge Arthur Schack is a local hero, decision casts light on fraudulent mortgage paperwork:
Brooklyn State Supreme Court Judge Arthur Schack has done it again.

The self-described 'little judge from Brooklyn' has dismissed another foreclosure case, this time in favor of an East New York homeowner who did not even have a lawyer.

Schack ruled Thursday that California's OneWest, the last of several banks that relied on an admitted 'robo-signer' to transfer the $492,000 mortgage on Covan Drayton's Hemlock St. home among them, failed to prove it even owns the property in question.

'To prevent the waste of judicial resources, the instant foreclosure is dismissed without prejudice,' Schack wrote.

His startling, 37-page decision is the latest of several that have turned him into a hero of troubled homeowners across the nation"

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1 comment:

Barbara Ann Jackson said...

Lenders are not required to know laws –ATTORNEYS are! Often, attorneys are the ones who are making severe errors, and committing the very frauds that provide basis, defenses, and reasons to attempt negotiating mortgage contracts. Attorneys / foreclosure mills are often why foreclosures take so long to conclude.

People who scorn ‘deadbeats’, don’t know everybody’s story. Incredibly, they assume everybody in default is unwilling to PAY rent. While spewing anger about living 'rent free', scoffers absurdly acquiesce to ‘White Collar foreclosure fraud’ –which includes confiscation of distressed properties via falsified court bankruptcy and state court pleadings, criminal extortion, appalling privacy invasion; and scorners seem delighted about law credentials being utilized for dishonest, criminal, enrichment against people who are already in distressed circumstances –some of them innocently. AMAZING.

Lawyers should be held accountable for foreclosure improprieties and concealing malpractice against their lender-clients, as well as for committing Unfair Debt Collection Practices, extortion, and fraud against borrowers. Some attorney conduct is appallingly egregious –and some irreparably harmful!

Discovery of their misconduct can begin by comparing blighted neighborhoods and foreclosure conveyances to non-existent lender companies; bankruptcy "Lift Stay" motions that "lack standing," "proof of claims" different from 'lift stays' “movers”; and illegal property deeds. And, lawyer are wrong for injurious frauds, failing to “effect service” or failing at any substantive Civil Procedure requirement –not homeowners for refusing to cooperate with erroneous, fraudulent confiscation.