Colli Real Estate

How to beat HSBC: a case study

HSBC Bank v. Valentin Ruiz, al. al.
859 NYS 2d 895
Agreed, 08 November 2008

This case is an application for an order of dismissal ¹ certain properties located in Brooklyn, New York. Originally, this application has already been refused by the Court of Justice in its order of January 30, 2008, but permission to renew the performance of the preamble to the same thing.

The factual background is as follows: the accused Valentin and Ruiz borrowed $ 340,000 from Delta Funding Corporation, mortgage and the note was duly registered with the registrar's office, NY in 2005. Delta candidate, Mortgage Electronic Registration Systems, Inc. (MERS) has assigned and recorded the mortgage and notes to the applicant at HSBC in 2007.

The applicant has submitted as documentary evidence of an affidavit of J. Dybas on this basis it is the exclusion of the host OCWEN Loan Servicing, LLC. In addition, OCWEN is claimed that the service agent and attorney in fact the holder of the note and mortgage. Dybas, not being an official OCWEN is not the part concerning the scope of the declaration made by the party "in Civil Practice and Rules law (CPLR) § 3215 (f).

An affidavit from Scott Anderson as Vice President of MERS transfer admission of the note and mortgage was also presented. However, the Court also heard that Anderson in an affidavit that he represented himself as Vice President of OCWEN and exact location of the Office. This case involves the parties themselves, HSBC, SEAS, and OCWEN. However, in other cases of exclusion participation Deutsche Bank and Goldman Sachs, the same direction as Goldman Sachs and appeared in the task assignee. So I led the Court to believe that appears to be a risk of fraud or misconduct by HSBC.

The court refused, without giving the plaintiff, the court approval to renew application within forty-five (45) days after filing the following documents:

a) an affidavit of facts either by an HSBC employee or someone who has a valid power of HSBC, who has personal knowledge of facts as required (CPLR) § 3215 (f).

b) An affidavit from Scott Anderson describing their employment history over the last three years;

c) an affidavit of an officer HSBC HSBC why buy a system of non-performing loans from Delta Funding.

Under the Ordinance, has been New application filed for an order of dismissal. Anderson, OCWEN submitted an affidavit stating that OCWEN has actually been granted limited power of attorney for execute an affidavit of merit on seizures in the capital of Renaissance Home Loan Trust, even a single copy of the proxy is attached to him and subject to Court, counsel for the plaintiff could not prove it.

And the most important issue on the reasons behind a loan has been redeemed HSBC, Anderson said that the loan was transferred in 2005 from Delta to HSBC as trustee, they are made with MERS as a candidate in the title.

The Court stated that Anderson was lying because it was based on the award loan by HSBC Anderson MERS registration has been made to the Registry Office, NY, in 2005, and the transfer of property by him as Vice President of MERS to HSBC OCWEN office in 2007 as an administrator. Obviously, Anderson was both the transferor and service representative.

¹ The application of an order of reference is a preliminary step in obtaining a conviction in absentia and exclusion (Sale Home Sav. the amendment. Gkanios FA V, 230 DA2D 770 [2d Dept 1996]). In an order of dismissal, which allows the Court to appoint an arbitrator to calculate the amount owed to the plaintiff when the defendant fails to appear or when he admits that the arrears on mortgages. See shares of property and procedures Act (RPAPL) § 1321

For more information on how to change services "> Stop Foreclosure please visit our site dedicated to helping homeowners, where you will find links to all the resolutions mentioned in the article as well as links to definitions of legal terms used.

About the Author

Kevin Levonas operates a website designed to help homeowners stop foreclosure. The site offers free resources such as articles, news and case law studies published for the benefit of home owners fighting to save their homes.

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