Shapiro, Dicaro & Barak ARE being investigated in NY

submitted by WeThePeopleHaveRights

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

19 Responses

  1. OMG I am glad I check the internet. Now I am confident in joining those making a complaint against these questionable people. These guys are out of control. I telephoned their office requested a reinstatement letter after receiving intent to foreclose letter dated July 9, I was told NO. I wrote a formal letter fax and certified to their office the next day. They would not respond to the request and September 29 they sent me an account summary for the life of the mortgage. October 15 I received the reinstatement letter dated October 9 after they filed law suit in the foreclosure court, with over $4000 additional charges plus mortgage cost. They also mailed the law suit to everyone on the planet even people who no longer live at my home, stating the foreclosure. I hope they are properly investigated and they loose their license and kicked out of law.

    LAW does not mean Lie And Win and because Lawyers know the law they take poor citizens of this country and make the law look as it is not working for justice

  2. I read your stories and I’m still in this mess since 2008 PHH Mortgage aka Instamortgage and their Attorneys Shapiro, DiCaro & Barka, have provided false doucments to the courts, they were slapped in the wrist and back to work. Finally I decided to hire an attorney after 3 years of being given false hope that a HAMP Modification would take place, week after week, month after month, year after year, providing proof of finaces, employment paystubs, bank statements, hardship letter and proof of hardship, etc. In 2012, I was told to hand in the Deed in Lieu of Foreclosure I decliened. I’ve been fighting this battle on my own, finally contacted the BBB which provided me with detail information of their License number and their alias. I filed a compliant with BBB, FCC, FBI and the Congress Person in my county. With the information I recieved from each, I was able to hire an attorney and File a Litigation Case against PHH Mortgage. Also filing for a Chapter 13 can help you remain in your house. Good Luck to you all. I will keep you abreast of things.

  3. I just received foreclosure papers from Shapiro, Dicaro & Barak .

  4. In a letter to the New York State Attorney General Hon Eric Schneiderman, a consumer who is caught in the irrationality of the NY Foreclosure Courts, pleads for an investigation into yet another example of blatant securitization fraud.
    • Merrill Lynch Banker ‘sells’ the ARM refinance mortgage as a cash flow enhancement product to estranged spouse. Estranged spouse decides to be sole signor on Mortgage and Note. Mortgage closes on November 1, 2004.
    • Through information later obtained, this mortgage was securitized into the MERRILL LYNCH MORTGAGE INVESTORS TRUST SERIES MLCC 2004-G Pass-Through Certificates, CIK 1312848 under SEC file number 333-112231-36.
    • This Trust had a closing of December 29, 2004 pursuant to its Pooling and Servicing Agreement.
    • As of April 1, 2006, estranged spouse stops sending mortgage payments.
    • In October 2006 an officer of the servicer PHH, Marc J Hinkle, assigns the Mortgage from MLCC (the ‘Depositor’ in the Trust) to Wells Fargo Bank, N.A., as Trustee (Trustee of what? It didn’t say).
    • This begs the questions:

    o Why would a non-performing loan be transferred into a Trust nearly 16 months AFTER the Trust’s closing date?
    o How many other mortgages were not deposited in accordance to this Trust’s Pooling & Servicing Agreement?
    o And if it contained non performing loans, why weren’t the investors notified and paid a higher interest rate?

    • Sometime in late 2006, the firm Shapiro & DiCaro filed an Order of Reference to foreclose on this mortgage. Fortunately, some NY Judges ‘get it’ and the presiding Judge dismisses the motion as Plaintiffs do not submit evidence of standing and specifically had not submitted the requested Trust Agreement. One can speculate that if the Judge saw the closing date of the Trust Agreement, the Judge too would question why the mortgage was assigned AFTER it was in default and AFTER the Trust’s closing date by which all mortgages had to be transferred.
    • Plaintiffs file an Appeal in 2007
    • Plaintiffs withdraw the Appeal in 2008
    • Plaintiffs file another Summons and Compliant in early 2008, that’s nearly two years after the first date of default.
    • Suddenly, Plaintiffs motion to dismiss their complaint and it is dismissed.
    • A second mortgage assignment is filed in June 2008, that is 3.5 years after the closing date of the Trust AND essentially assigning a non performing loan into a Trust whose very Pooling & Servicing Agreement disallowed such transfers as the mortgages were pooled into 2 Senior tranches. Adherence to the PSA determines whether there was a transfer effected or not because under NY trust law (which governs most PSAs), a transfer not in compliance with a trust’s documents is void.

    Again, the questions raised are:
    o Why did a non performing loan get transferred into a Trust belonging to an almost bankrupt holding company, Merrill Lynch? In June 2008, Merrill Lynch’s widely publicized financial problems due to the losses from its RMBS business led to the subsequent acquisition of ML by Bank of America.
    o Was this untransferred and non performing loan and its losses, and I speculate many others due to the reason in the point above, included in Merrill’s calculation of operational losses and the adequate Basel and regulatory capital reserves set aside and reported?
    o This assignment is from Wells Fargo Bank, NA, as Trustee to the securitized Trust. The assignment was again done by Marc J Hinkle, an officer of PHH, not the Trustee. There was no Power of Attorney attached to the assignment. So an agent assigns the ownership interest as agent for the owner before the owner is actually established established? Cart before the horse ?
    • A THIRD foreclosure complaint is filed in mid 2008. The presiding Judge agrees with Shapiro, DiCaro & Barak’s reply to one of the Defendants’ Motions which stated that the many securitization issues raised above were not relevant to the Foreclosure Court proceeding. Consumer is dumbfounded by this decision–ie Plaintiff is not a ‘Person’, therefore, the means by which Plaintiff can claim standing has to be reviewed.

    Again, this is just one mortgage marred with irregularities but it begs the question of how many others may have been fraudulently transferred into this and other toxic Trusts and whose investors knew nothing about this endemic toxicity?

    The consumer is in communication with the SEC, the OCC and the NY AG’s Office,

    Indeed, ‘unsophisticated consumers’ in foreclosure proceedings are not the foreclosuregate principals, it is the investors who are demanding answers and visibility into the lack of transparency these transactions were performed under.

    Merrill Lynch is a vertically integrated firm and has a private label agreement with PHH since about 1997. ML created the mortgages (PHH created them under the MLCC name), underwrote the securitization, sold the bonds and resold them time and time again. In 2008 AIG held several toxic MLMI bonds and was bailed out by the FRB in what was called the Maiden Lane portfolios. Interestingly enough, in the example above, one of the bonds is part of Maiden Lane II. When the FRB auctioned these non-agency RMBS in April-June 2011, guess who bought the largest chunk? It’s Merrill Lynch all over again, along with JPM Chase. Guess it’s hard to resist the bargain they themselves created.

    It’s getting more challenging for firms like Shapiro, DiCaro & Barak and the rest of the Shapiro mill to cover up their and their client’s ‘unclean hands’. Investors are demanding answers and it is the recent lawsuits like to AIG vs BoA on Monday Aug 8th and the Allstate vs BoA back in March that continue to pressure regulators to uncover and publicize these fraudulent transactions.

  5. I usually would not believe posts like this but what you are saying is 100% true. My attorney just filed a class action against Shapiro Dicaro. They were caught red-handed. They fabricated an assignment between a no longer extant mortgage company and chase in 2010. When their lawyer was shown that the supposed grantor of assignment went out of business in 2009, his face starter turning all sorts of colors!

  6. For all you NY posters,
    We are drastically leveling the playing field for NY homeowners. Specifically, as for Shapiro & DiCaro, follow a case we have against them, I am sure it will make the papers quite soon: Deutsche Bank V. Precise Fuel, Suffolk County Supreme Court, Index No.:12894/2008. Contact us for foreclosure defense/offense!

  7. Its about time, Gerald Shapiro takes one person ambulance chasing law firms nation wide and turns them into Foreclosure Mills via the LOGS network… aka Law Offices of Gerald Shapiro, with the promise of millions in taxpayer money via his sweetheart deal with the GSE’s. Look what he did for his now fallen spawn David Stern!

    It is amazing that it took this long for Shapiro to get investigated after the land mark case in NY that ruled against him in 2009.

    As well Mr Shapiro is a know “strategic defaulter” on a $ 6 million dollar loan taken out on a Illinois office building that housed his ” Home Loan Modification Subsidiary” Heart Financial.

    Shapiro is a gonif that has worked the system coming and going for decades.

  8. I just filed Request for Judicial Notice of my amended answers and affirmative defenses, complaint, pleadings, exhibits and filings along with an cease and desist order issued against New Century, in 2007.

    There has been no documented evidence, just hearsay, that this pretender lender bought my note and mortgage prior to originator filing for bk in 07. The assignment dated in 09, made by servicer as mers vp for nominee NC. No poa, or any form of authority granted. Alleged original note filed 12/10.

    No perfected chain of title, everything in record hearsay and not even verified. Now Pl wants my depos and overly broad, vague documents, and any and all contacts, writings, etc. So I just filed a Motion for Protective Order, they have no right to my information if they haven’t even legally and equitably proven standing, capacity, jurisdiction and cause. Now I wait for judge.

    It is seems so crazy, that these judges are not reading and ruling properly. What the heck is going on?

    I just keep on filing and covering my a** for future, should this judge not want to wake up and smell the coffee.

  9. We have proof that Shapiro & Fishman in Florida were using clerks to file documents pretending they were the firms attornys.

    This came to light when one of the motions became grounds for sanctions and the defense attorney attempted to contact the S&F attorney in question.

    At that time we found the attorney in question from S&F had not worked there in more than 6 months.

    THEN the attorney in question wrote a letter to the clerk of court telling the clerk that all the filings in a number of cases that were signed by her WERE not by her, AND she copied in the key staff at S&F to tell them to stop using her name and signature on documents because she no longer worked there and had not in many months.


    MO could of stopped the crisis years ago if it wasn’t for the CORRUPTION OF ALL OF THESE GROUPS! HERE’S more evidence of their fraud! Don’t forget the National Director for Fannie Mae has put FRAUD INTO THE COURTS AS WELL! Told everyone I wasn’t CRAZY!!

  11. Routh & Crabtree did the paperwork to lift my BK stay. They submitted paperwork to the BK Court signed by a well known bank robo-signer. Seems like they fabricated the paperwork to complete the file. Should this be sent in to AG’s office?

  12. Yes, the tsunami of lawsuits that will be filed to get the house back after illegal foreclosure is going to be enormous. Attorneys should start waking up and help homeowners. They can make money on this. Not only judges are worrying about the fraud in the courts coming to bite them in the butt–same thing for the attorneys. Fraud is fraud. You can’t just erase it and hope it goes away.

  13. Question??? We have had trouble with robo signers, companies that produce false paperwork, foreclosure mills, law firms, and anyone else involved in the foreclosure process. Last year a great deal of the shady practices that these in-human entities has come to light. Judges are still ignoring the obvious–not all I will add. For every one piece of fraud fraud found there must be hundreds that have gone undetected or unchallenged and the foreclosures have gone through. What happens to all the fraudulent foreclosures done in the years past? Do these people get forgotten? Do these people end up with no recourse? The sins of these foreclosure business should be dealt with no matter if they are in the past, present or future. I know this mess could cause all sorts of problems with the court, but we as Americans deserve better than being treated like we don’t exist. Justice for all the foreclosure victims!!!!!!!!! Anyone agree?

  14. Just finished my taxes….can’t see how I could save money if I didn’t have this mortgage. It helped move me from a 33% tax bracket to a 8% bracket. I paid my property taxes and I’m still ahead. My teenagers are growing up in a nice house and school district sooo I don’t get it. I used the appreciation of my last house (tax free) to buy this house. Happy in Sunny California!

  15. Good post Neil- do you have any updates regarding the unauthorized practice of law by Goldbeck,McCafferty,McKeever of Philadelphia? I have scoured the internet, there is a defense mounted to rebut the accusations,but that is all I have found. Can you post any info that you have? Perhaps you can expound on the potential consequences of mill attorney conduct when it crosses the line. To us non-attorneys, it would be a good resource. Which portions of documents filed,signed,witnessed etc. would be struck from the record,which would be void,which would be actionable.etcetera. Thanks,keep up the great work.

  16. Neil,

    Once a homeowner gets to the point where settlement conference or settlement offer to modify happens what should we do?

    To modify with an entity that has no standing on a securitized loan seems confusing.

    Needless to say homeowners want to stay in their homes and if the numbers allow them to do so then great. Question is do we ask for quiet title at that point in the settlement conference to protect us in the future from claims by another or no settlement?

    I am just trying to understand.

  17. RCO are being investigated. WA state AG is after them.

  18. When is someone going to investigate Routh & Crabtree.

    Talk about illegal activity….and the stupidest young lawyers for the first go-round. They can’t identify malfeasance, let alone spell it. How do some people get their through the bar??

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