Showing posts with label Brooklyn. Show all posts
Showing posts with label Brooklyn. Show all posts

Tuesday, August 16, 2011

EVERYONE LOVES JUDGE SCHACK!


Judge Schack Strikes Out Again For Justice

Supreme Court Justice Schack hits HSBC for ‘frivolous motion’ in foreclosure, asks boss to explain

BY JUAN GONZALEZ – NEWS
DAILY NEWS STAFF WRITER
Once again New York Judge Schack upholds the law and justice.
A Brooklyn judge has ordered the head of one of the nation’s biggest banks to appear in court and explain why it should not be penalized for submitting false documents in a foreclosure case.
In a scathing decision issued Friday, Supreme Court Justice Arthur Schack dismissed HSBC’s case against Bedford-Stuyvesant homeowner Ellen Tahrer as a “frivolous motion” and a “waste of judicial resources.”
A Brooklyn judge has ordered the head of one of the nation’s biggest banks to appear in court and explain why it should not be penalized for submitting false documents in a foreclosure case.
In a scathing decision issued Friday, Supreme Court Justice Arthur Schack dismissed HSBC’s case against Bedford-Stuyvesant homeowner Ellen Tahrer as a “frivolous motion” and a “waste of judicial resources.”
The bank failed to prove it even owned the $475,000 mortgage on Tahrer’s home, Schack ruled. Instead, its lawyers submitted documents from several notorious “robo-signers,” all of which claimed the original loan had been transferred to HSBC from Delta Funding Corp., the original lender, which declared bankruptcy in 2007.
Those documents were “replete with false statements,” Schack ruled. He ordered the British bank’s North American CEO, Irene Dorner, to appear July 15 to explain.
“Submitting false documents” is fraud upon the court.  It is a crime.  It is happening in almost every case in almost every court in the country.  Few, very few judges have the guts to call it what it is.  An illegal practice which makes a sham of our entire judicial system.  If judges (not Schack) can allow fraud and illegal practices to prevail in our courts then we do not truly have a court system that is fair.  This is not the type of system our Republic was meant to have.  These are kangaroo courts to say the least.
“Those documents were “replete with false statements,” Schack ruled” as he dismissed their case against the homeowner.   “He ordered the British bank’s North American CEO, Irene Dorner, to appear July 15 to explain.”
It will indeed be very interesting to hear how the CEO of HSBC explains his banks committing fraud, attempting to defraud the courts just to take a home away from someone, collect their losses from the U.S. Government, then sell the house they have NO investment in for any price which becomes pure profit on their books.
The banks stole America to cause this economic crisis and they all continue to steal from Americans for no other reason then greed, well perhaps to control the country and the population as well.
Thank you Justice Schack for your honesty and belief in our system.  For those that are not aware, Justice Schack has been ruling according to law against fraudulent foreclosures for nearly 4 years now.  He is a leader in the crusade for justice and the American way of life.
We will follow his rulings and cases closely.
Read the entire story in the New York Daily News…click here

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JUDGE SCHACK DOES NOT TOLERATE FRAUD ON THE COURT. OTHER DISTRICT COURT JUDGES COULD LEARN SO MUCH FROM HIM. IF ONLY THEY CARED ENOUGH TO DO SO.

With a 'Bah, humbug!', NY judge tosses foreclosure


* Brooklyn man saved from foreclosure

* Judge: Phone call with officer of defunct lender a fraud

By Jessica Dye and Jonathan Stempel

NEW YORK, Aug 15 (Reuters) - Shouting "Bah, humbug!," a New York judge threw out the planned foreclosure against a Brooklyn man based on an alleged fraudulent Christmas Eve phone call confirming the paperwork was in place to take his home away.

The judge, Arthur Schack, said US Bancorp's (USB.N) US Bank NA unit cannot foreclose on the Brooklyn home of Dario Trujillo, who faced foreclosure proceedings begun in July 2008 by Downey Savings and Loan. Downey failed four months later and was bought by Minneapolis-based US Bancorp.

Schack is a state Supreme Court justice in Brooklyn known for criticizing perceived abuses in mortgage servicing.

He was angered after lawyer Margaret Carucci said in a sworn affidavit that a Downey officer on Dec. 24, 2010 claimed to have personally reviewed and could vouch for the accuracy of the paperwork underlying Trujillo's foreclosure -- although Downey had long ceased to exist.

"Ms. Carucci affirmed under the penalties of perjury that she communicated on Christmas Eve 2010 with the officer of a defunct financial institution," Schack wrote. "This is a deceptive trick and fraud upon the court. It cannot be tolerated. This Christmas Eve conduct, in the words of Ebenezer Scrooge, is 'Bah, humbug!'"

Schack directed Carucci and her law firm at the time, Westbury, New York-based Druckman Law Group, to explain at a hearing on Sept. 12 why they should not be sanctioned.

Nicholas Perciballi, a lawyer for the Druckman firm, had no comment on the ruling. Carucci is no longer employed by the firm and efforts to reach her were unsuccessful. US Bancorp had no immediate comment. A lawyer for Trujillo could not immediately be located.

The sworn affirmation is a new requirement in all New York foreclosure cases, instituted last year to cut back on foreclosure fraud and abuse.

But during oral argument, Schack discovered the mortgage and note for Trujillo's property had been assigned to U.S. Bank NA, part of U.S. Bancorp.

Schack has previously come down hard on errors in residential foreclosure cases.

Last July, for example, he threw out a foreclosure action over improper documentation and threatened to sanction the head of HSBC Bank USA, part of HSBC Holdings Plc (HSBA.L), for "false statements" in a case against another Brooklyn homeowner.

The case is Downey Savings and Loan Association FA v. Trujillo et al, New York State Supreme Court, Kings County, No. 22260/2008. (Reporting by Jessica Dye and Jonathan Stempel; editing by Andre Grenon)


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