NEW YORK CLASS ACTION FILED AGAINST BANKS AND THEIR FORECLOSURE MILL ATTORNEYS

NEW YORK CLASS ACTION FILED AGAINST BANKS AND THEIR FORECLOSURE MILL ATTORNEYS

Today, August 20, 2010, 24 minutes ago | ForeclosurebluesGo to full article
Class action suit filed in New York against “foreclosure mill” attorneys and banks
Fri, 2010-08-20 10:19 — NationalMortgag…
New York-based attorney Susan Chana Lask has filed a federal class action complaint on behalf of tens of thousands of New York State homeowners who lost their homes to an alleged foreclosure fraud orchestrated for years by a New York “foreclosure mill” attorney and major mortgage companies. The case is filed in the US District Court, Eastern District of New York, entitled “Connie Campbell against Steven Baum, MERSCORP Inc., et al.”, Case #10CV3800. It alleges violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), Real Estate Settlement Procedures Act (RESPA) and the Fair Debt Collection Practices Act, and that homeowners paid inflated foreclosure and other fees fictionalized by Baum who profited from the scheme since 2005.
The action seeks to return tens of thousands of foreclosed homes to their owners or the values thereof and hundreds of millions in punitive damages against Baum, MERSCORP and HSBC.
Attorney Susan Chana Lask discovered the alleged foreclosure scheme after her client lost her $1.7 million Brooklyn Caroll Gardens Brownstone home to a $190,000 mortgage foreclosure filed by attorney Steven Baum for HSBC. The foreclosure court filings were false as filed in HSBC v. Concepcion Campbell, et al, New York Supreme Court, Kings County, Index #20393/07. Steven Baum’s foreclosure complaint he filed was for HSBC against Campbell. It admits the loan was never assigned to HSBC, yet he sued for HSBC. A later Satisfaction of Mortgage was not filed for HSBC, but for a company named MERS, admitting HSBC never owned the loan and the foreclosure complaint should have never been filed in the first place.
Also, in the original foreclosure case of HSBC, they file documents by an alleged officer of MERS named Rebecca A. Cosgrove by a notary in Erie County. But MERS is located in Virginia and Erie County is in Buffalo, N.Y. where Baum’s office is based. It is suspect that Cosgrove is not even an officer of MERS, no less that she flew to Buffalo, N.Y. for the day just to sign a document before a notary. In fact, other courts recently discovered these same false notaries and “officer” claims in other cases involving Baum and MERS.
“Mr. Baum is an attorney who knows better, yet his foreclosure filings for parties who have no standing to sue confuse the courts and homeowners while he and his banking clients profit tremendously by throwing people on the streets after their bad loans sold by the very same banks become unaffordable to innocent people,” said Lask.
The aforementioned false foreclosure filings potentially hit tens of thousands of New Yorkers who were foreclosed upon.
“Courts have rules and laws are made to be followed. Corporate America needs to follow the rules and be accountable just like the rest of us, else we’re all victims to one big Bernie Madoff scam,” said Lask.
Courts blast Baum for his sloppy filings claimed to be deliberate to hasten foreclosures on unwitting homeowners and courts. On July 29, New York County Supreme court Judge Alice Schlessinger summed up a MERS foreclosure as “I am unable to say with any confidence that this was an honest transaction.”
The Manhattan U.S. Trustees office started an investigation of Baum months ago.

16 Responses

  1. Shapiro, Dicaro & Barak ARE being investigated in NY, and just as with Baum, Judges aren’t likely to continue compromising their careers in the face of blatant fraud. Foreclosure Part is a court of equity, and the Shapiro & Dicaro mill network stand in front of many courts with fraudulent documents and unclean hands seeking monies for their clients over loans that have produced their face value multiple times by the various rounds of securitization. This is not equitable.

    Even though Judges are elected officials funded by the likes of Shapiro & Dicaro, there is a continuing emergence of overwhelming evidence that in securitized loan cases there is fraud.

    In NY, foreclosure cases must have settlement conferences, Defendants fill court rooms at these conferences where the only discussion revolves around loan modification. Thus far, only Queens and Orange Counties have implemented legal representation for pro se Defendants, the rest of the state aims to do so by year end.

    The pressure on the courts and their judges is reaching significant levels and again, judges are realizing their careers are at stake. Never mind who got them elected, the question now is who can get them ‘un-elected’. The significant number of dismissed cases is increasing and in some Counties, staggering.

    In case you missed the post elsewhere on this site and may be involved in a foreclosure case involving any of these attorneys, the Shapiro, DiCaro & Barak network is the LOGS Network (logs dot com) and they provide legal services for the mortgage and credit card industries. LOGS’ management is
    Gerald Shapiro
    David S. Kreisman
    Gerald B. Alt
    David Van Ess
    Kay Schinker
    Daniel C. Schmidt
    Lawrence R. Rosenbaum
    Jamie Zelvin
    Janet W. Bennett
    Thomas M. Bradham
    Steven R. Rubenstein
    Lori L. Bricking

  2. I have been scammed like many others by Wells Fargo
    Months ago I told my cousin that Wells Fargo stole my home and he told me you can not bring Wells Fargo down! Now we found out that just what I was saying (what I have been saying all this time – that they stole my home – has been correct!!!!) Even if if get a dollar from a class action suit I would be happy! Please help me get this dollar! If you know a lawyer in North Carolina please let me know. dorothymorse@bellsouth,net THANK YOU!

  3. We are in Virginia Raja

  4. We are aggregating data for Class Action law firms. Neil, please encourage your readers to go to http://www.BankClassActions.com and provide information to class action attorneys seeking to file class action suits against predatory lenders. We are adding an upload section for homeowners to upload their mortgage documents -or- forensic audits they have had performed. There is a significant section for comment on the homeowner intake form for the homeowner to describe issues related to modification hell. Lets talk this week.

    Jeff Greenberg

  5. Is there a version of Susan Chana Lask in Illinois???

    Would she like another Class Action? I can be a lead plaintiff. How do we get this rolling????

    Should I just give her office a call?

  6. Steven J Baum Foreclosure Mill

    http://www.youtube.com/user/LaskTV

  7. I have 2 general questions:

    1) What might be the total reward to the lead plaintiff in a class action like this? Is it limited?

    2) I have the EXACT same situation, but I have hard proof of even more violations. How can I find a “class action” attorney like Ms. Lask in Illinois? (We are Fighting HSBC, MERS and the Pierce law firm)

  8. Hi Neil, I propose a $10,000 ten thousand dollar reward to any individual who will testify under oath that they helped prepare false and fraudulent documents for the foreclosure mills. My $1,000 is on the table. Where are they prepared and who prepares them? Who owns the company? Let those who know speak now.

  9. Jose Fighter
    Please call me or leave your contact, so that we can plan something in Virginia. (540) 687-0004

  10. Jose… you know that the FL Attorney general is investigating the affiliate Shapiro & Fishman for fraud on the courts. What needs to happen is a petition to Fannie Mae and Freddie Mac to stop aiding and abetting these Foreclosure Mill’s with tax payer money by granting them POA and listing them as approved “council” regardless …if the GSE owns your loan or not.

    These Foreclousure Mill’s are the ones with financial interest’s if not outright ownership of “affiliates” that out-source “document preparation” and assignments, property titles etc. to validate their fraud on the courts all with the blessing of the GSE’s and the members of goverment that continue to support them.

  11. can we get a copy of the filing????????

  12. Shapiro and Burston, Samuel White, Nectar Properties and other players in VA, DC and MD are doing the same. Taking advantage of the fact that few people fight back and most are financially broken.

    There is no chance of a class action in VA since it is not permitted in state courts, however, it can surely be done in Federal courts.

    I just wish we had at least a hand full of “honest” lawyers out here.

  13. Why stop with Baum… Shapiro & DiCaro need to be investigated by the trustee.. they are committing fraud on the court’s all over America with their affiliate law firms.. how many times do they have to be thrown out of court to get an investigation!

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