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 – 2011-01-11 11:33:03-05
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, […]

Categorized | STOP FORECLOSURE FRAUD

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.

24 Responses

  1. […] see judge-schack-dismisses-case-with-prejudice-against-citibank-due-to-counsel-failure-to-comply […]

  2. no problem Withdrawn. Just keep in mind that “cash strapped” state’s are well aware of the MERS issue, along with County Clerks/Recorders and AG’s. That is why speaking to them is almost futile, especially when you go it alone.

    That is why asking your elected officials in a public forum what they plan to do about the lost revenue is help[full, they then can not plead ignorance to the fact.

    Sad thing is that so few people out there understand what is really going on. Educating them on the lost revenue will surprise all of them. Remember there is strength in numbers! Keep us posted!

  3. pj & ian:

    Thanks for the suggestions, I’ll get a game plan together.

  4. […] This post was mentioned on Twitter by USA Advocate. USA Advocate said: JUDGE SCHACK| Dismisses Case With Prejudice Against Citibank Due To Counsel Failure To Comply : http://t.co/lSnOafX […]

  5. Withdrawn, I might add that it is not your burden to bring a suit of any kind…however if you wish to do so that is your decision. Many times a letter of concern to the editor of your local paper will bring this to the attention of the broader base in your community, speak to neighbors that have the same concerns you do about spending cuts when so much has been stolen from your community.

    Like stated before broaching this subject at a public forum in-front of your entire legislative body is a powerful tool.

    Most county recorder’s are up for reelection this year… 2011 is a good time to start pounding them on this issue. You can also send your prepared statements to your elected county attorney, comptroller at both the local and state level, as well as your state AG… would suggest that you get as many people possible to sign it!

  6. @withdrawn, with you on this, what we need is average citizens in every county to start pressing this issue. It is futile to e-mail and complain, what people need to do is attend the legislative session of their county seat, and alert the local media that they will be posing this question/issue to their elected officials. Be prepared, have a factual sheet of issues, coverage etc. to hand to the press and the legislators.
    Once the average taxpayer gets wind of this the tides will change! There are plenty of people out there that feel safe, for now and have no idea that while their basic services are cut and their taxes go up,,,, billions of fee’s go unpaid by beneficiaries in off shore accounts.

  7. Ian:

    Thanks for the quick reply. I was aware of the “whistle blower” type suits in various parts of the country and there may be one that is still sealed here in CO. I discussed this with the attorney a couple months ago and we kind of were in the wait and see mode. What I was thinking was if there is a way to bring a suit outside of the Qui Tam perameters before I approach him again. At the time he was thinking that the county attorney would be the first choice but that doesn’t seem to be happening.

  8. withdrawn- that didn’t take long. Just enter TennesseeQuiTamMers and there it is. Also quitamfiled in Ca.&Nev,maybe more

  9. withdrawn- yes you can do this on your own. I believe it is called a Qui Tam lawsuit. There is one pending in Tennessee, I believe. I will look further and post again. Call your atty friend and tell him to get ready to go.

  10. This may be sightly off topic for this thread but I wanted to get it in front of the most current readers. I live in CO and have been trying to get the county recorder to file suit against MERS and / or the “lenders” who skipped out on millions of dollars in recording fee leaving the counties with empty pockets. I just learned that several of the school districts are eliminating bus service because they “can’t afford it”. This is insane! I’m sick of hearing that the counties and state are cutting normal and sometinmes vital services because they are out of money when it’s sitting right there on the table. Apparently the recorder in my county isn’t sufficiently motivated to do anything about it since I have sent several emails without any action. My question is, can a private citizen use a private attorney to bring this suit on behalf of the counties? With the money involved, I’m sure I could get a class action attorney friend of mine to handle it.

  11. IL attorney’s who share this sites views…WHERE R U????

  12. OVER 1 MILLION HOMES SEIZED IN 2010 BY THE BANKS- AN ALL TIME RECORD – WHEN WILL IT END?

    Foreclosure Record: Banks Seize 1.05 Million Homes In 2010
    First Posted: 01/13/11 04:27 AM Updated: 01/13/11 04:27 AM

    In this Jan. 6, 2011 photo, Laverl Nicholson looks through a window at his former property in Thompson Falls, Mont. Nicholson had $220,000 left on his mortgage when the bank foreclosed on his house and the eight acres where two of his daughters are buried. The asking price for the northwestern Montana home has now dropped to $87,000 after nobody was willing to bid more. Nicholson, a sawmill maintenance contractor until a debilitating car wreck left him unable to work, says he can afford the paym
    Get Business Alerts


    Email

    WASHINGTON (Reuters) – Banks seized more than a million U.S. homes in one year for the first time last year, despite a slowdown in the last few months as questions around foreclosure processing arose, a leading firm said on Thursday.
    Banks foreclosed on 69,847 properties in December, bringing the year’s total to 1.05 million, topping the prior record of 918,000 homes seized in 2009, real estate data firm RealtyTrac said.
    The number of foreclosure filings, which includes default notices, auctions and repossessions, was a record 2.9 million last year, including 257,747 filings in December.
    “Total properties receiving foreclosure filings would have easily exceeded 3 million in 2010 had it not been for the fourth-quarter drop in foreclosure activity — triggered primarily by the continuing controversy surrounding foreclosure documentation and procedures that prompted many major lenders to temporarily halt some foreclosure proceedings,” said James J. Saccacio, chief executive officer of RealtyTrac.
    “Even so, 2010 foreclosure activity still hit a record high for our report, and many of the foreclosure proceedings that were stopped in late 2010,-which we estimate may be as high as a quarter million, will likely be re-started and add to the numbers in early 2011,” Saccacio said.
    December filings were 2 percent lower than November and 26 percent lower than December 2009.
    Advertisement
    The firm said Nevada, Arizona and Florida continued to post the highest foreclosure rates in the country.
    And just five states — California, Florida, Arizona, Illinois and Michigan — accounted for more than half of all foreclosure activity.
    One in every 11 housing units in Nevada received at least one foreclosure filing in 2010, more than four times the national average.
    In 2005, before the housing bust, banks took over just about 100,000 houses, according to the Irvine, California-based company.
    (Reporting by Corbett B. Daly; Editing by Jan Paschal)
    Copyright 2011 Thomson Reuters.

  13. Wow

  14. Had Judge Shack ever been appealed by the banks? ?

  15. […] See the article here: JUDGE SCHACK| Dismisses Case With Prejudice Against Citibank Due To Counsel Failure To Comply […]

  16. http://sites.google.com/site/cfd20043melloroosspecialtax/the-full-990-page-2004-3cfd-offering

    Here is my homeowners association website. There was so much fraud that a $26.3 million 30 yrs bond offering was placed on the homeowners. It is a mello roos tax as it is a special tax. Did the work and found that the developer was paid many millions more than allowed. Was able to reduce the tax by $3.7 million. Also fought to collect $230,000 for the homeowners from surety bonds. This website link details those fights. Good interesting stuff.

  17. Judge Schack – George the attorney from the great state of RI. help me hear with the judges decsison

    BRING IT DOWN- NEVER STAND ! Fellow judges not happy.

    MSoliman
    expert.witness@live.com

  18. Yes, I agree, Judge Schack and Judge Long are setting examples of what is to become “common place” in the next few months into years. we are winning, and thank You Neil and others for all of your help and support.

  19. I love this guy! The picture is quite appropriate for his court.

    Live long and prosper, Judge!

  20. I’ telling you folks, just when “THEY” think that no one is watching and their hand goes into the cookie’s jar, there he is Judge SCHACK!!!!!, the new american hero, Judge Schack has been hitting the pretenders hard for quiet some time now, no fear of “big” attorneys and a very clear understanding of what the law is for and how it should be applied is what drives him, God Bless Judge Schack!!!!

  21. Another Schack attack–fantastic! They should make a 3-part TV movie about him, Tuesday, Wednesday and Thursday night. You know–his early years as a teacher. Then, how he became a lawyer, and now his time on the bench fighting for the American homeowner. I think it would be great. Oliver Stone where are you? http://www.challengingforeclosure.com Sirak@challengingforeclosure.com

  22. Judge Schack is my hero. LOVE that this was dismissed WITH PREJUDICE. Like Matt Weidner says though, why is it considered “heroic” when a judge follows the law. It should be the norm.

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