1. I receive A Notice of Acceleration from Litton Loan Servicing as a servicer who is servicing the mortgage for some owner. Accerlertate0908.pdf
[Note in mid and late December 2008 I have at least 2 phoneconversations with Litton Loan Servicing with a woman whose last name begins with "Z" who says she is handling my account. Whe I ask her who owns the mortgage she says she cannot tell me this information. I ask her if it is Litton and she says again that she cannot say. What she sends me, and was never requested by me, is an application and limited time offer for a new mortgage by Litton that as I recalled reduced the mortgage by about $100,000.00, which I might have signed if I thought I would qualify. This occured before HAMP or this was widely being done and seemed curious to me even then. What I do know from a form letter sent by Avelo Mortgage which serviced my account from June 2006 to June/July 2008 is that all the accounts that Avelo previously servied have been turned over to Litton Loan Servicing, and this may still be information posted on the Avelo web site. In the Spring of 2008 Goldman Sachs bought Litton Loan Servicing]
3. On February 2, 2009, unbeknownst to me, Attorney Jordan Katz goes to the Clerk of the Court of Suffolk County and uses a fraudulent Assignment of Mortgage to Litton Loan Servicing LP from Equity Now and a MERS VP named Marti Noriega (who actually works as an Assistant VP for Litton Loan Servicing, not MERS or Equity Now). This Assignment of Mortgage supposedly originates from the offices of Equity Now in Manhattan, but is signed in Harris county (Houston) Texas, where Litton Loan Servicing is loacted. It is notarized by a signature and stamp of a Texas notary: "Melissa Bell with a Commisssion that expires March 2011", [who we have absolute and unassailable proof from the Secretary of the State of Texas herself that date and never was such a notary: sosTexascolor.pdf.] Chose from two different PDF formats - Page by page: Suffolk County Recording Page , Suffolk County Clerk Endorsement & Fees , Assignment of Mortgage body , Notarization. or all the pages of the Assignment as one PDF document: Assignment of Mortgage The Assignment of Mortgage is backdated and supposd to be effective as of November 30, 2008, however the next page is signed by Noriega and notarized by Bell on January 5, 2009. At no time was I informed that the mortgage was sold to Litton until I am served with the following:
3. On January 29, 2009, I was served a SUMMONS Index No O9-02077 and VERIFIED COMPLAINT by a Greg Nelson (pages in PDF) : Summons Verified Complaint [Note that I was not sent an Notice of Accelleration 90 days prior to being served with this summons by the new owner of the Mortgage Litton, as the letter I received previously was on behalf of the previous, still undisclosed owner]
4. Following that the information on the summons led me to Catherine Casey who works in an NYS official capacity as Assistant Director for the Town of East Hampton, Office of Housing and Community Development and in that capacity has the job of officially helping and representing people in foreclosure initially. She sent a letter to Jordan Katz, which the courts accept as a "casual reply" to a foreclosure summons. I had to sign papers authorizing her to legally represent me. Casey letter When Casey brings up the wet ink idea to me ((which she includes in her letter) I know that Litton does not have a wet ink copy of my note or mortgage based on what Christina Poole from Equity Now had told me. I also understood why Litton was so eager to get me to sign a greatly reduced mortgage, they really did not have a mortgage signed by me.
5. Litton Loan Servicing LP continues to call me on my home phone, but following Catherine Casey's advice I do not speak to them, as now they are supposed to deal with her as she is like my lawyer. According to her she was never contacted or answered by Jordan Katz or Litton. In addition, Katz sends me 2 more copies of the summons and verified complaint as above, one I believe in April and one in August by mail. Other than the copies of the summons papers I was never sent any paperwork or notice about anything to do with the case by either the court or Jordan Katz or any of his attorneys until:
6. At the end of March 2009 I got 2 envellopes to my mailbox at 207 Sebonac Road, Southampton, NY 11968, which is the address of the property in question. One is addressed to me and the other to "John or Jane Doe". Inside each is a one page pgotocopy giving notice that the same propert is to be auctioned for sale on April 1, 2009, which is a few days more than one month away. I believe the word "foreclosuere" was used on this. Along with the envelopes thses are the only papers I threw away, thinking they were not needed as evidence after the first Order to Show Cause. After making phone calls, I learned that I could discover if the property was foreclosed upon.
A day after finding out where the Suffolk County Court records can be seen, I went to the Cromarty Records for the Suffolk County Courts I was able to see my case file in the second week in March of 2010.
7. The above is where and whenI discovered the true JUDGEMENT OF FORECLOSURE AND SALE signed by Judge William J. Kent III on January 21, 2010. True copy of the Original Judgement of Foreclosure and Sale OrigForeclosure.pdf
8. There were more papers in this file also that I did not copy at the time but included here in the timeline. I was never sent any of these documents, I did not copy or pay much attention to them, but went back at a later date after the Plaintiff had filed their Affirmation in Opposition and copied them. Later, in August I discovered more as the records office is known to be woefully behind in their filing.
A. Melissa Sposato of Jordan Katz's office requests & gets Conference Denied subsequent to the Casey Letter. Conf. Denied
B. Order of Reference and Affirmation AFFIDAVIT of Christopher Spradling [Note: this is another notarization by the Melissa Bell whose "Commission expires March 28, 2011" only the signature and first name signed differs from the one on the Assignment of Mortgage]
C. Notice of Pendancy of Action This was not a part of the summons & verified complaint, it was never sent or served to me and even now Plaintiff is unaware I have a copy.
9. As a Pro Se Defendant I submitted an Order to Show Cause on March 29, 2010 and Affirmation of Order to Show Cause of March 29, 2010 and Verified Amended Answer and Complaint
EXHIBITS to Initial Order to Show Cause March 2010 [ Note an * indicates the files were included for download in information above this mention.
NOTE: 2 days before she had to file her Affirmation directly below Sabita Hajaree called me and offered me to drop the foreclosure entirely if I would sign a new mortgage with Litton Loan Servicing LP, and I was offered a reduced rate. She was open to negotiate even a reverse mortgage, which I was interested in, but I knew to qualify I needed sonme money for the taxes and insurance. She balked at any "cash out" as she called it. Since I did not believe I could qualify (I did not tell her that!) we left it that I would call her back if I changed my mind. She called again when I was not home, but the message was just to let her know if I would sign a new mortgage as she had outlined.
10. Sabita Hajaree-Ramsanan, attorney for Law Office of Jordan Katz (for Plaintiff Litton Loan Servicing LP) AFFIRMATION IN OPPOSITION TO ORDER TO SHOW CAUSE
EXHIBITS of AFFIRMATION IN OPPOSITION TO ORDER TO SHOW CAUSE April 2010
EXHIBITS of AFFIRMATION IN SUPPORT TO ORDER TO SHOW CAUSE May 20, 2010
12. Sabita FAXES Darlene (Judge Kent's Secretary and emails me) asking for more time and pages to file a sur-reply based on Fraud Upon the Court has been alleged. Via a 3-way phone conversation she is granted the right to submit a sur reply in two weeks. Sabita Letter requesting time and longer sur-reply
13. Judge Kent issues a non-final order basically denying the requests of the Order to Show Cause and ignoring the fraud, but assigning us to a Foreclosure Settlement Conference. June09NonFinal
14. During the Settlement Conference Mr. Matthew Deedy breezily dismisses my concerns over the fraud and added attorney's fees in the Judgement of Foreclosure and Sale, stating, "We're using the right one now." I ask for a full accounting of the monies owed and paid in and although Sabita is supposed to have this, my request is brushed aside. As I continue to protest fraud he continues to dismiss my claims until I show him the original Certification from the Texas Secretary of State. He seems amazed at it, although I had submitted a copy as an exhibit. He tells me there is fraud and that I should get a "Federal Lawyer" who can "vitiate" the fraud. I ask what he means by vitiate and he motions with his hands and says "make it go away".Deedy tells me to agree to fill out Sabita Harjaree-Ramsaran (Plaintiff's attorney who works for Katz) HAMP paperwork as this will give us a reason to set up another conference in a month and give me time to find a "Federal Lawyer". Because I am thirsty and he knows I want to tell David, Deedy sends me out of his office but Sabita remains and they have an ex parte meeting that lasts at least 5 to 10 minutes (we leave the courtroom, so it could have been longer). At the time I had no idea what an ex parte meeting was or that it is not OK.
I make many phone calls and we vist with Stuart Young and also Cynthia Kouril. No one knows what a "Federal Lawyer" is, or how such a lawyer would vitiate my case, even based on fraud. However, Cynthia considers taking the case and calls the Court to speak t Deedy to ask what he means by a Federal Lawyer will vitiate the case. The female who Cynthia assumes is the Judges Secretary tells Cynthia that they are very aware of my case as Fraud upon the Court is alleged. Deedy refuses to speak to Cynthia and explain what he meant without Sabita also on the line. So Cynthia sends him, me and Sabita a copy of this letter: Kouril letter
15. We reconvene with me not having found a "Federal Lawyer" nor anyone who understands what Deedy meant, and I am told that no fraud will be discussed and since I did not fill out Sabita's forms the conference is over. I ask to go before the judge and to have a court reporter present. Transcript of Settlement Conference from Court Reporter Transcript
16. The order of Judge Kent upholding the Foreclosure as based on the Conference, also non-final: KentAug2010
17. I prepare another Order to Show Cause based on new evidence, including a newly found in the case files Deposition from Christopher Spradling that is this time notarized by someone other that the non-existant Melissa Bell who signs her name variously and illegally according to the Texas Cose for notaries. This signature is from a notary that exists, but who I am unable to reach, which also goes against the notary code, plus her signature is not as she well knows to sign it according to the notary code of Texas, as she has been a notary for a long time. This was not previously found in the files, despite the date, as they are notoriously behind. Deposition of Christopeher Spradling Deposition of Christopher Sprading.
18 ORDER TO SHOW CAUSE with Temporary Restraning Order of September 9, 2010 OSC0910 my original The docs following show the revisions and the signature made by Judge William Kent, OSC. (Kent did not approve TRO) .
IMPORTANT: Because I took the first Order to Show Cause to Riverhead to file it and get it signed as I did not know that it had to be signed by Judge Kent, I did the same again since I till lacked the info on the proper proceedure. So, I eneded up in Judge Peter Mayer's Court in Riverhead asking him to sign my OSC & RTO. Peter Mayer happens to be one of the first Judges to spot some of the fraud re other foreclosures and fine in favor of the homeowners, this was before it hit the news. his Clerk understood what was going on and personally came out and spoke to me explaining that Judge Mayer could not legally accept it, but that he was "signing off" on it. By doing this he put pressure on Judge Kent who could not just dismisss my OSC. I was told I had to take it back to judge Kent on the next day and give notice that I was doing this to opposing counsel (which I did by both phone & FAX to Sabita). So here follows the Honorable Peter Mayer's signed pages: Mayer
AFFIRMATION IN SUPPORT TO ORDER TO SHOW CAUSE SEPT 8, 2010 (Above) Some of the information/arguments here point to more fraud & discrepancies, especially in relation to the Assignment of Mortgage dates and addresses.) AFFINSUPPORTOSC0910
EXHIBITS to above motion
19. AFFIRMATION IN OPPOSITION TO ORDER TO SHOW CAUSE filed September 23, 2010, AFFIRMATION IN OPPOSITION TO 2nd OSC
EXHIBITS of Affirmation of Opposition of Order to Show Cause September 23, 2010 bt Sabita Haajaree-Ramsaran
A. * Copy of Note MERS
B* Copy of mortgage easily copied from MERS
C* Assignment of Mortgage pages
D. * Judgement of Foreclosure and Sale version with the 3 altered and forged papers as was previously submitted by this attorney (not the one entered with the court—again shows changes made by counsel Judgement of Foreclosure and Sale all the pages are identical to the ones I found in the courthose EXCEPT except that pages* Page 6, Page 7, and Expenses are altered as included here and give more money to the Plaintiff's attorneys. It is really easy to compare them and see the differences!
E* Non Final disposition made June 11, 2011 and* Foreclosure conference notice.
G Affidavit of mailing (show mailed on Sept. 22, 2010 in but postage stamp shows September 23, 2010 AFFIRMATION IN OPPOSITION TO 2nd OSC page 7
20. Affirmation in Support of Order to Show Cause AFFOSC10132010
EXHIBITS of Affirmation is Support of Order to Show Cause of October 13, 2010
A. * Casey letter
B. * Assignment of Mortgage :
C. * Certificate of Amendment of a Limited Liability Company in MA . Goldman/Litton Certificate
D. * Marti Noriega Exhibits showing she works for Litton, not MERS or Equity Now -- and that she robo signs documents posing as a VP for Litton client banks, MN1, MN2 MN3, MN4, MN5.
E.* Certificate from Secretary of State of Texas stating there is no such notary as Melissa Bell with a commission that expires on March 28, 2011 from the date prior to the assignment of Mortgage until signature of this Certificate.
G * Affidavit of Christopher Spradling - Foreclosure Manager for Litton Loan Servicing showing yet another different signature from the Melissa Bell notary.
H. * Deposition of Christopeher Spradling
I. * Notary Office TX- Una Jacob's email re Brenda McKinzy
J. * Avelo Pays Insurance on Property through 2011 -- not Litton.
L. * True copy of the Original Judgement of Foreclosure and Sale
M. * Three altered pages of Judgement of Foreclosure of Foreclosure and Sale. Page 6, Page 7, Expenses
21. Judge William J. Kent ORDER of the Court Dated December 20, Non Final Order Dec 2010
22. Notice of Removal to Federal Court filed by me based on Constitutional question of Due Process, plus this also contains allegaions of eleven points of RICO infractions. Last Page showing notarization of motion. [ Note: Basically this outlines eleven points of RICO fraud after citing info re Constitutional denial of Due Process. ]
EXHIBITS to above motion
20. Order of Federal Court re Motion to Remove:
EXHIBITS to Affirmation in Support of Motion to Recuse
23 . Judge Kent's non-final Order re Motion to Recuse Recusal Order July 13, 2011