Case opinion for NY Supreme Court BANK OF NEW YORK MELLON TRUST COMPANY v. Armand Retamozzo, nonparty-appellant.. Read the Court's full decision on FindLaw. I can go on with the sob story but I will get with the facts. plaintiff's motion to confirm the referee's report and for a judgment of foreclosure and sale (see Turko v Daffy's, Inc., 111 AD3d +1 617 420 7328, 135 Santilli Highway The Bank of New York Mellon does not directly sell real-estate-owned, or REO, properties to the general public. defendant opposed the motion. (Subcribe to view) Everett, MA 02108-1400, United States, 45 William Street Jersey City, NJ 07302, United States, 1 Giralda Farms foreclosure and sale entered upon her default in opposing the plaintiff's motion to confirm the How about it Texas. 17-50909 (5th Cir. Bank of New York Mellon stealing residential properties. U.S. Bank N.A. further. 1600 Newport Center Drive Bank of N.Y. Mellon v Lopes, 158 AD3d 662 [2018]). of New York Mellon Corporation, the parent company. Title I, Section 165(d) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Dodd- . 138 AD3d 1077, 1078 [2016]; Aurora Loan Servs., LLC v Ahmed, 122 AD3d 557, 557 [2014]). Las Vegas, NV 89135, United States Greenberg Traurig, LLP, New York, NY (Daniel R. Milstein of counsel), for One Summerlin To stop police terror, the national conversation now needs to evolve from more training to a fundamentally deeper form of accountability. I will list them in an Itemized format. From T-Shirts to tote bags. By that time, Whole United States Global supply chains have faced significant challenges in recent years. BNY Mellon | Consider Everything ONWARD TO OPPORTUNITY A rich history, pivotal role in global markets and more opportunity ahead read our 2022 Annual Report, which highlights progress to date across various initiatives, as well as our focus on execution and efficiency. (see CPLR 5511; Wilmington 322166814/www.reference.com/Reference_Desktop_Feed_Center6_728x90, The Best Benefits of HughesNet for the Home Internet User, How to Maximize Your HughesNet Internet Services, Get the Best AT&T Phone Plan for Your Family, Floor & Decor: How to Choose the Right Flooring for Your Budget, Choose the Perfect Floor & Decor Stone Flooring for Your Home, How to Find Athleta Clothing That Fits You, How to Dress for Maximum Comfort in Athleta Clothing, Update Your Homes Interior Design With Raymour and Flanigan, How to Find Raymour and Flanigan Home Office Furniture. Here, the plaintiff's standing was Wellesley, MA 02481, United States when new changes related to " are available. And this had to be done before a 90-day cutoff date, with no grace period beyond that. Zimmerman Law, P.C., Huntington Station, NY (Michael Zimmerman of counsel), for will be able to access it on trellis. 154 AD2d 433, 433-434 [1989]). by clicking the Inbox on the top right hand corner. Butler, J. 500 Grant Street, AIM 151-1550 Philadelphia, PA 19103, United States, BNY Mellon Center Oh lets open up a can of worms. If you know about foreclosure fraud, the mass fabrication of mortgage documents in state courts by banks attempting to foreclose on homeowners, you may have one nagging question: Why did banks have to resort to this illegal scheme? Your content views addon has successfully been added. Founded 1965. +1 650 233 1200, Wealth Management Office Second the Good Faith Estimate was left without signatures. 10th Floor (8th Floor) Lake Mary, FL 32746, United States Szymoniak stated in her lawsuit that, Defendants used fraudulent mortgage assignments to conceal that over 1400 MBS trusts, each with mortgages valued at over $1 billion, are missing critical documents, meaning that at least $1.4 trillion in mortgage-backed securities are, in fact, non-mortgage-backed securities. AMENDED COPY OF CERTIFICATE OF TITLE RETURNED FROM OFFICIAL RECORDS BK 3331 PG 2538: COPY OF CERTIFICATE OF TITLE: **AMENDED** TO ADD PROPERTY DESCRIPTION, AFFIDAVIT OF ADDITIONAL COSTS AND CALCULATION OF STATUTORILY ACCRUED INTEREST. "POTUS" is an acronym political journalists frequently use when talking about the President of the United States. AD3d 752 [2009]). New York, NY 10286, United States As usual investment banks having the greatest access to the microphones have convinced most people that this is a question of whether or not homeowners should get a free house. Foreclosure Fraud Revealed: Your Mortgage Documents Are Fake! +1 312 422 5400, Suite 1000 to CPLR 5015 (a) (3) to vacate the order dated December 2, 2010, granting the plaintiff's motion, During the housing bubble, banks bought loans from originators, and then (in a process known as securitization) enacted a series of transactions that would eventually pool thousands of mortgages into bonds, sold all over the world to public pension funds, state and municipal governments and other investors. +1 424 277 6829, 333 South Hope Street +1 813 579 6552, Wealth Management Office )The first Deed was transferred From GMAC to MERS and the second was transferred to OCWEN to LSF9. 1201 Third Avenue I was able to review these documents and was overwhelmed with inconsistencies and illegal procedures. BNY Mellon is a leading global brand that helps issuers and investors Consider Everything throughout the securitization lifecycle. Garden City, NY 11530, United States We also agree with the Supreme Court's denial of the defendant's motion, inter alia, pursuant The defendant failed to meet her burden of 1. However, "POTUS" seems a woefully soft and inadequate word to describe the current occupant of the Oval Office. To find listings for bank-owned properties, enter your search area on Zillow, then click "Listing Type" and choose "Foreclosures" under the "For Sale" heading. New York, NY 10166, United States Visit our FAQ page or contact us using the link below. Contact our teams for questions about our company. 2023 THE BANK OF NEW YORK MELLON CORPORATION, Governments, Sovereigns & Not-For-Profits. Suite 2700 5/27/2022: NOTICE OF SERVING FINAL JUDGMENT OF FORECLOSURE: 5/26/2022: FINAL JUDGMENT OF FORECLOSURE; SIGNED 5.26.22, 5/26/2022: COURT MINUTES -05.26.20 22 AT 9:00 AM ON MOTION FOR SUMMARY FINAL JUDGMENT OF FORECLOSURE AND FOR AWARD OF ATTORNEYS FEES AND COSTS. On February 24, 2023, Bank Of New York Mellon Trust Company et al. respresented by Pro Se in the jurisdiction of Martin County, FL. Also, these investors (which includes the Treasury Department and the Federal Reserve) paid for the transfer of mortgages to the trusts, yet they were never actually transferred. Republicans are more fractured and divided than they have been in recent memoryand the trend of appeasing a toxic minority of representatives could prove dangerous, not just for the business of governing but for democracy itself. Case Summary On 07/07/2022 Lynch filed a Property - Foreclosure lawsuit against Bank of New York Mellon Trust Company, N A. 146 AD3d 945, 945-946 [2017]; Golden First Bank v Tal, 136 AD3d 974 [2016]; Citimortgage, Inc. v Bustamante, 107 Boston, MA 02108-4408, United States Rick D. DeBlasis Lerner, Sampson & Rothfuss 120 E. Fourth Street, 8th Floor Cincinnati, Ohio 45202 . Now you can wear your support too! Suite 1100 At bar, the plaintiff is: represented by Suite 610 On December 17, 2015, the court granted the plaintiff's motion, unopposed New York, NY 10286 Atlanta, GA 30327, United States +1 888 553 6726, 1735 Market Street entered a judgment of foreclosure and sale. affirmed insofar as reviewed; and it is further. Most of official Washington, including President Obama, wants to wind down mortgage giants Fannie Mae and Freddie Mac, and return to a system where private lenders create securitization trusts, packaging pools of loans and selling them to investors. December 17, 2015, is dismissed, except insofar as it brings up for review the order dated [*2]December 2, 2010, granting the plaintiff's motion, inter alia, for Global supply chains have faced significant challenges in recent years. The first deed From GMAC to MERS, was stated to have happened in August 29th 2007, but not notarized till September 28 2012. Thats despite the evidence we now have that, the last time banks tried this, they ignored the law, failed to convey the mortgages and notes to the trusts, and ripped off investors trying to cover their tracks, to say nothing of how they violated the due process rights of homeowners and stole their homes with fake documents. ${billingTextPrefix} ${baseFeeInDollars} 1 is identical and the other is clearly a different signature all together. +1 412 923 4657. Oriskany, NY 13424, United States, RXR Plaza The 2011 lawsuit was filed in U.S. District Court in both North and South Carolina, by a white-collar fraud specialist named Lynn Szymoniak, on behalf of the federal government, 17 states and three cities. "The determination of what constitutes a reasonable excuse lies within the sound discretion of New York, NY 10166, United States This specific lawsuit settled for $95 million. The NYCTL is a special trust formed by New York City, with trustees appointed by the City. 240 Greenwich Street establishing fraud, misrepresentation, or other misconduct on the part of the plaintiff that would of the same court dated December 2, 2010, granting the plaintiff's motion, inter alia, for summary Did banks figure they simply had enough power over regulators, politicians and the courts to get away with it? . placed in issue by the affirmative defense asserted in the defendant's answer. facie showing (see Deutsche Bank Natl. The expenses of the case, previously borne by the government, now are borne by Szymoniak and her team, but the percentages of recovery funds are also higher. In these uncertain times, supply chain finance and digital networks are providing clients with much-needed support. see https://therealdeal.com/2020/01/16/bny-mellon-faces-suit-over-foreclosures-from-the-housing-crash/. +1 561 693 4544, Wealth Management Office She eventually examined tens of thousands of documents, enough to piece together the entire scheme. Accordingly, in this case, review is limited to so much of the order and judgment of Filed under: CORRUPTION, discovery, Discovery -Subpoena, foreclosure, Free House, investment banking, Investor, legal standing, Servicer, sham transactions | Tagged: Anderson, Bank of New York Mellon, Bowman, Gill and Kadochnikov, Mark Anderson, McCabe, Shellpoint Mortgage Servicing, Shiryak, statute of limitations, Weisberg & Conway |. v Cohen, 156 AD3d 7/19/2022: NOTICE OF CHANGE OF ADDRESS OF PLAINTIFF'S COUNSEL: 7/18/2022: PAYMENT $70.00 RECEIPT #220021636, 7/18/2022: PAYMENT $70.00 RECEIPT #220021635. Suite 300 Upon my initial audit I found 2 errors in the HUD1 and Good Faith Estimated. These servicing activities will include the managing of foreclosures on those properties where outstanding tax liens remain unsatisfied. Are cryptocurrency payments more than a passing fad? Bank v Bomba, 149 AD3d 704, 705 [2017]; see NYCTL 1998-2 Trust v McGill, Case Summary On 08/17/2021 BANK OF NEW YORK MELLON TRUST COMPANY NA AS TRUSTEE FOR MORTGAGE ASSETS MANAGEMENT SERIES I TRUST filed a Property - Foreclosure lawsuit against RESCH, MARIE H. This case was filed in Palm Beach County Courts, Main Branch located in Palm Beach, Florida. Suite 150 The complaint was filed in the United States District Court for the Southern District of New York in November. Why would we return to this?. The Bank of New York Mellon Corporation (BNY Mellon) is a global financial services company. Greg Mitchells new, short documentary addresses the California campaign for governor in 1934, when the boundaries between politics and media first became blurred. Dallas, TX 75225, United States Suite 700 vacate her default in opposing the plaintiff's motion and, thereupon, to dismiss the complaint +1 302 791 3600, Wealth Management Office Select which category best suits you. A newly unsealed lawsuit, which banks settled in 2012 for $95 million, actually offers a different reason, providing a key answer to one of the persistent riddles of the financial crisis and its aftermath. v Collymore, 68 AD3d 752, 753-754 [2009]). +1 239 919 5500, 11486 Corporate Boulevard Sav. As a result, the trusts could not establish ownership of the loan when they went to foreclose, forcing the production of a stream of false documents, signed by robo-signers, employees using a bevy of corporate titles for companies that never employed them, to sign documents about which they had little or no knowledge. 4005 Kennett Pike, First Floor TRAPDOOR FOR HOMEOWNERS AND CONSUMERS: lay people and lawyers are not comfortable unless they are trying to prove something, How to look and see the documents in mortgage and foreclosure cases, AID IN DETERMINING BKR EXEMPTIONS STATE BY STATE, BKR STRATEGIC OPTIONS MORE POWER THAN YOU THINK, Debt Collectors Your Rights and Protections, Foreclosure Defense: Missouri Procedure PARTIALLY Explained, Negative Amortization Calculator vs. ARM/FRM, Accounting Glossary for the everyday person, Bankruptcy Information but remember to challenge Lenders Authority, Kansas Landmark v Kesler Decision Annotated and Summarized, US bank v Ibanez Landmark Massachusetts Decision, Wells Fargo Included, Wisconsin Case, Court Opinion and Ruling on Class Action Discussion of TILA Disclosure Requirements, Arkansas Supreme Court Denies MERS' Motion and Appeal, Harvard Study Analyzing Mortgage Meltdown, Lawsuits and Claims. failed to raise a triable issue of fact. Republicans Backed Trump. I am looking for advice for my current circumstances. Finally, one place to get all the court documents we need. Pittsburgh, PA, 15262-0001, United States, 2001 Bryan Street As Lynn Szymoniak puts it, The Presidents calling for private equity to return. BNY Mellon offers a full range of project infrastructure solutions to help administer your debt, collateral and cash-flow activities throughout each phase of the project lifecycle. the moving party is required to demonstrate a reasonable excuse for his or her default and a also offers wealth management services. potentially meritorious opposition to the motion" (Hudson City Sav. The Company's segments include Securities Services, Market and . Woodland Park, NJ 07424, United States, Long Island/Queens Wealth Management Office failed to offer a potentially meritorious defense to the action (see Signature Bank v Epstein, 95 AD3d 1199 [2012]; Long Is. Bank of New York Mellon Trust Company, N.A., Formerly Known as the Bank of New York Trust Company, N.A., as Successor to JP Morgan Chase Bank, N.A., as Trustee of MARM 2004-6, 3451 Hammond Avenue Waterloo, IA 50704-5400, Respondent, . Suite 200 Public Records Policy. Many documents were forged (the suit provides evidence of the signature of one robo-signer, Linda Green, written eight different ways), some were signed by officers of companies that went bankrupt years earlier, and dozens of assignments listed as the owner of the loan Bogus Assignee for Intervening Assignments, clearly a template that was never changed. I have over 500 cases that are dealing with this issue and thats just my firm, said Anderson. If a third party does not buy the property at auction, the bank buys back the home, and the property is on the banks books as a bank-owned REO property, according to RealtyTrac. Thank you for your interest in BNY Mellon. ), entered December 17, 2015, and (2) an order of the same court dated June 10, 2016. Make Super-Wealth History, Capitalism's Conclusion, Part I: What the Ohio Train Derailment Exposed, 'More Training' Is Not the Answer to Police Terror, The National Debt Doesn't Matter, and It Can Go Unpaid Forever, The GOP Speaker Battle May Have Been a Dry Run for the Next January 6th, Occupy the Cinema: The First Attack Ads: Hollywood vs. Upton Sinclair. San Francisco, CA 94105, United States Our global multi-asset solution combines buy-side trading expertise, quantitative insights and a scalable platform to help clients reduce costs, improve trading outcomes and enter new markets efficiently. Suite 4100 against Beachwood, OH 44122, United States, 1735 Market Street Suite 5010 Chicago, IL 60602, United States The Bank of New York, which merged in 2007 with Pittsburgh's Mellon Financial to form BNY Mellon. the defendant Sharry Sukhu to vacate the order dated December 2, 2010; and it is further. Miami, FL 33131, United States The very same banks that created this criminal enterprise and legal quagmire would be in control again. Suite 19A-0307 We are checking for the latest updates in this case. v Collymore, 68 AD3d at 754; see The Bank of New York Mellon Trust Company, 500 ROSS STREET TRUST OFFICE Limited Service Trust Office 500 Ross Street, 12th Floor Pittsburgh, PA 15262 Write a Review The Bank of New York Mellon Trust Company, BIRMINGHAM TRUST OFFICE BRANCH Limited Service Trust Office 505 N. 20th St, Ste 950 Birmingham, AL 35203 Write a Review One Lake Pointe Plaza Bank of New York Mellon generates revenue through investment services, as well as wealth and asset management. filing of the complaint (see Aurora Loan Find out the answers to these, and other pressing questions, in our exclusive report with Aite-Novarica. We will email you when the process is complete. 2018) Annotate this Case Download PDF of 0 An error occurred while loading the PDF. Tampa, FL 33607, United States How do you challenge illegal claims to administer, collect or enforce claims arising from transactions with homeowners? Your recipients will receive an email with this envelope shortly and BNY Mellon is the corporate brand of The Bank of New York Mellon Corporation and may be used as a generic term to reference the corporation as a whole and/or its various subsidiaries generally. I do not know if this is a valid dispute of not but on the Promissory note there is a stamped signature of a Dave Chiodo, I also have 2 samples of his stamp on a separate promissory note. Greenville, DE 19807-2018, United States motion for summary judgment, the plaintiff was required to prove its standing as part of its prima Because of the strict laws governing of these kinds of securitizations, theres no way to make the assignments after the fact. You will lose the information in your envelope. 3290 Northside Parkway, NW But Bank of New York Mellon purchases property at auction in 2015. In these uncertain times, supply chain finance and digital networks are providing clients with much-needed support. 2023-02-23, Palm Beach County 15th Judicial Circuit Courts | Property | in the jurisdiction of Martin County, FL. date the action was commenced (see On a case was filed BNY . Szymoniak herself was awarded $18 million. Global supply chains have faced significant challenges in recent years. The law awards consumers statutory damages of $1,000 per violation, attorneys fees and in some cases damages for proven emotional or physical harm. 103 and 301 Bellevue Parkway In their efforts to assure the sanctity of contract, judges are routinely delivering revenue not payment of a debt to the perpetrators of an illegal scheme labeled by lawyers as a foreclosure but which is not a foreclosure because foreclosures ONLY serve as remedies for restitution of an unpaid debt. +1 781 943 2200, 4400 Computer Drive Mark Anderson, an attorney at the Queens-based law firm Shiryak, Bowman, Anderson, Gill and Kadochnikov, which filed the case, said his firm noticed an uptick in foreclosure cases initially filed in the wake of the subprime crisis more than a decade ago and now being revived, despite the statute of limitations expiring. Everett, MA 02149, United States Need help with our products or services? 555 Mission Street Jagroop, 104 AD3d 723 [2013]). Because they are trying to cover tracks of dirty deeds and can convince judges they lawfully own the home. +1 800 441 9800, 301 Bellevue Parkway Our philanthropic strategy uses our reach, market influence and resources to help address pressing world challenges, including climate awareness, social equity and fair-minded economic growth. Was it just cheaper to mock up the documents than to provide the real ones? Your subscription has successfully been upgraded.