Ashmeen Modikhan
94-22 Magnolia Court, Unit 1B,
Ozone Park, NY 11417.
April _______, 2023
New York Police Department
230 E 21st St Ste 1,
New York, NY 10010
RE: CRIME REPORT
Respectfully,
This letter serves as a formal report of fraud, which has subjected me to immense and/or continued suffering over the past twelve (12) years. Accordingly, I request you to investigate the culprits and ensure that justice is served.
I am the owner of two properties located at: property located at 87-10 149th Avenue, Unit 5N, Howard Beach, New York 11417 (hereinafter “Howard Beach property”); and 94-22 Magnolia Court, Unit 1B, Ozone Park, NY 11417 (hereinafter “Magnolia property”).
Having stated the foregoing, I will proceed to provide a chronological outline of the facts how the culprits committed property fraud on each of my property.
Facts Showing Fraud on the Magnolia Property
2005
My problems began on or about November 21, 2005, when I signed a Note and Mortgage with America’s Wholesale Lender, a New York Corporation, which purported to be licensed and legally allowed to conduct business in the State of New York as a mortgage lender. According to the records for New York’s Secretary of State, America’s Wholesale Lender was not registered as a corporation in New York on November 21, 2005.
On or about December 5, 2005, I received my first mortgage statement from Countrywide Home Loans located in Texas and not from America’s Wholesale Lender. The statement instructed me to “make check payable to Countrywide Home Loans at PO Box 660694, Dallas, TX 75266-0694.
2008
In 2008, Countrywide Financial Corporation, a Delaware corporation, and all its subsidiaries (including Countrywide Home Loans), merged with and into Red Oak Merger Corporation, a wholly own subsidiary of Bank of America, the surviving company.
According to Securities and Exchange Commission filings, upon the acquisition, Red Oak Merger Corporation, changed its name to Countrywide Financial Corporation, now a Bank of America wholly owned subsidiary. This means all the subsidiaries became Countrywide Financial Corporation, a Bank of America subsidiary.
The great financial collapse was from the years 2008 to 2011. After the collapse many industries suffered. In September of 2008 my full-time position at a travel agency was discontinued.
2009
On or about April 29, 2009, I received a mortgage statement from Bank of America, N.A. Home Loans. It states that BAC Home Loans Servicing, LP “services your home loan on behalf of the holder of your note.” The name of the holder of the note was not revealed.
I then immediately reached out to Bank of America, N.A. and spent most of 2009 applying for a loan modification. Bank of America, N.A. consistently lost my information, needed more information, or gave other excuses as to why my loan modification remained stalled in the processing stage. During this entire period Bank of America, N.A. acted in bad faith and they never gave me a loan modification. I was led to believe by Bank of America, N.A. that an agreement could be made on terms to modify the loan.
2012
Instead, on or about January 19, 2012, Bank of America, N.A. initiated the foreclosure process of the Magnolia property, and their counsel, Berkman, Henoch, Peterson & Peddy & Fenchel, filed a Summons and Complaint for Foreclosure. The complaint failed to provide a copy of the November 21, 2005 note in favor of America’s Wholesale Lender or proof of the succession from America’s Wholesale Lender, a New York corporation to Bank of America, N.A. Therefore, the presumption is Bank of America, N.A. did not possess the note at the time the complaint was filed.
On or about February 13, 2012, a document titled “Assignment of Mortgage” was executed assigning the mortgage from MERS, Inc. as nominee of America’s Wholesale Lender to Bank of America, N.A. and recorded under CFN#2012000059425. This document is executed three (3) weeks after the complaint was filed further proving Bank of America, N.A. did not have possession of the note. This document was presented by Berkman, Henoch, Peterson & Peddy & Fenchel, counsel for the plaintiff in the foreclosure case, who filed the complaint with this court.
It is notable that the said Assignment purported to assign the loan from Mortgage Electronic Registration Systems, Inc., as nominee for America’s Wholesale Lender to Bank of America, N.A.., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP on December 12, 2011, two (2) months before it was recorded.
In June 2012, I consulted with a New York licensed attorney who advised me to filed for bankruptcy protection. Accordingly, on or about June 28, 2012, I filed for Chapter 7 bankruptcy protection in the Eastern District of New York (Brooklyn) under case number 12- 44750-ess.
I stated in my filed Statement of Intention that it was my intention to retain and pay for the subject property. There were no objections by Bank of America, N.A.
On or about October 10, 2012, a Discharge of Debtor Order of Final Decree was entered in the bankruptcy case. This action is the court’s way to also approve the Statement of Intention as filed.
After the discharge, I contacted Bank of America, N.A. to discuss payments for me to retain the property per the bankruptcy discharge. Bank of America, N.A. failed to respond. During this time, I was also receiving multiple mailings from different entities confusing me as to who I was to negotiate a repayment plan since Bank of America, N.A. was refusing any contact. This went on for nearly eighteen months.
2013
On or about September 19, 2013, another alleged assignment of mortgage (CFRN 2013000385654) created and presented by Berkman, Henoch, Peterson, Peddy & Fenchel, PC purported to assign the note from Bank of America, N.A. to Nationstar Mortgage, LLC. As stated above, this is impossible because Bank of America, N.A. was servicer of the loan for Fannie Mae.
2014
On June 11, 2014, Bank of America’s counsel filed a Consent to Change Attorneys dated April 28, 2014, changing counsel from Berkman, Henoch, Peterson, Peddy & Fenchel, P.C. to Gross Polowy Orlans, LLC.
In June of 2014, I was seriously and permanently injured at work. Due to the serious injuries while employed by American Airlines, Ashmeen Modikhan had to retain a Worker’s Compensation attorney, a disability attorney and a personal injury attorney, the personal injury matter is still pending.
In July of 2014, I retained an attorney for the foreclosure defense. The attorney’s focus for the case was to modify the loan.
On or about August 26, 2014, Melissa M. Bundt, Esq. of Gross Polowy, LLC (successor to Gross Polowy Orlans, LLC) counsel for the “Plaintiff” in the foreclosure case filed a Certificate of Merit. In the certificate, the counsel failed to state that her client had possession of the note. Melissa M. Bundt, Esq. alluded to being counsel for the plaintiff, Bank of America, N.A. while the pleading is entered on behalf of Nationstar Mortgage, LLC.
Melissa M. Bundt, Esq. attested as to having “consulted about the facts of this case with the following representatives of the unnamed “Plaintiff” – Meldin Rhodes an Assistant Secretary” and Melissa Bundt, Esq. “…reviewed the facts of the case and reviewed pertinent documents, including the mortgages, security agreement and note…” and “Pertinent documents reviewed are attached hereto…” but never stated who was in possession of the note, thereby giving the illusion that Nationstar Mortgages claims to have possession of the note.
Meldin Rhodes stated she is an Assistant Secretary for the “Plaintiff”. The Plaintiff was Bank of America, N.A. at this time. Meldin Rhodes was an employee of Nationstar Mortgage, LLC not the named plaintiff, Bank of America, N.A. Neither Bank of America, N.A. nor Nationstar Mortgage, LLC stated they were in possession of the note. Meldin Rhodes must be an officer of the corporation and attested she had the original Note in her possession, otherwise her statements were merely hearsay. A Meldin Rhodes’ affidavit as assistant secretary of Nationstar Mortgage, LLC was the subject of a July 5, 2017, article in the New York Appellate Digest[1].
2015
In February 2015, my Worker’s Compensation payments were disrupted for three months resulting in court action to reinstate the payments. During these three months, my counsel advised me without an income the loan modification cannot proceed. The counsel tehn withdrew from the case. I hired a new counsel.
It is crucial at this point to note that during the years of 2014 to 2019, I suffered from severe and debilitating pain from my injuries resulting in multiple surgeries (one involved a spinal cord stimulator). I was placed on a pain management regime that included strong narcotics and sleep medicine that left me in a stupor throughout these years. I could not focus on anything but my medical crisis. It was during this time that I relied on the integrity of my counsel to act in my best interest.
2016
On or about January 25, 2016, Antonietta D. Mucelli, Esq. of Gross Polowy, LLC’s, filed a “Notice of Motion and Affirmation of Regularity”, and provided a copy of the alleged original Note as evidence. The copy of the alleged Note displayed one blank and undated endorsement by David A. Spector as Managing Director of Countrywide Home Loans, Inc., a New York Corporation doing business as America’s Wholesale Lender. On its face, the November 21, 2005, note stated the lender was America’s Wholesale Lender. The alleged endorsement stated the “owner” was “Countrywide Home Loans, Inc., a New York Corporation doing business as America’s Wholesale Lender”.
There did not appear to be an endorsement from the original lender, America’s Wholesale Lender, a New York corporation to Countrywide Home Loans, a New York Corporation. This copy of the alleged note presented showed that David A. Spector allegedly executed the endorsement. David A. Spector provided his biographies online which state he was employed by Countrywide Financial Corporation (the parent company of Countrywide Home Loans) until at least September 2006. Notably, according to Morgan Stanley’s mini-biography of David Spector dated August 8, 2006, Spector was appointed as Managing Director and Head of the Pan-European Residential Mortgage Business (totally unrelated to any Countrywide entity) was effective September 2006[2]. Also, David A. Spector did not state he ever worked for America’s Wholesale Lender, a New York corporation.
At this point, Nationstar Mortgage, LLC’s counsel, Gross Polowy, LLC, withheld the complete recorded chain of possession. The counsel withheld the one of two recorded documents both purporting to “assign” the mortgage from America’s Wholesale Lender to Bank of America, N.A.., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP.
The recorded document withheld by Gross Polowy, LLC, was presented to the Queen’s County recorder’s office by Corelogic on or about February 23, 2012. The document titled “Assignment of Mortgage” dated February 3, 2012 (CRFN #2012000072254), purported to assign the mortgage from Mortgage Electronic Registration Systems, Inc., as nominee for America’s Wholesale Lender to Bank of America, N.A.., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP executed by Talisha Wallace.
It is notable that on page 1 of the Mortgage dated November 21, 2005 in favor of America’s Wholesale Lender, a New York Corporation there is a MIN (MERS identification number). The number is 1000157-0005860385-9. According to the MERS ID® online look up tool, the number 1000157- 0005860385-9 is attached to a note dated November 21, 2005, which became inactive with Bank of America, N.A., NA as the servicer and Fannie Mae as the investor. Therefore, Bank of America, N.A. did not own the note, Fannie Mae owns the note. Fannie Mae has never been listed as owner in either the chain of possession or this case. Fannie Mae should have been the plaintiff of the foreclosure case.
Further, there are two documents recorded in the Queens County Recorder’s records relating to the subject property titled “Assignment of Mortgage”. In the bottom left-hand corner of one document is “2428458 FNMA NPL5 3380352 [loan # – Fannie Mae – Non-performing loans 5 – pooling number] and on the other document is “2428458 FNMA NPL5 3983004 [loan # – Fannie Mae – Non-performing loans 5 – pooling number]. Accordingly, Fannie Mae is in possession of the note.
According to Fannie Mae’s October 11, 2016, “Fact Sheet – Non-Performing Loan Sale FNMA 2016-NPL5”, the sale of these pools closed mid-to late December 2016. Loans in Pool 5 were still covered by mortgage insurance at the time of the sale.
On or about November 10, 2016, Fannie Mae stated in a press release that on November 3, 2016, they selected MTGLQ Investors, L.P. (Goldman Sachs), wich won the bid and were expected to close on December 23, 2016.[3]
On or about September 9, 2016, the Honorable Judge Leslie J. Purificacion executed an Order of Reference in response to the Notice of Motion dated January 25, 2016. The Order of Reference, in part, substituted the plaintiff’s name from Bank of America, N.A. to Nationstar Mortgage, LLC based on misrepresentation of the facts.
2017
On or about January 20, 2017, my attorney received a “Notice of Assignment, Sale or Transfer of Ownership of the Mortgage Loan” from MTGLQ Investors, L.P. stating that it was now the “Covered Person” that owned her “loan”. This document was found in the copy of my attorney’s file after I terminated him in 2020. The attorney had failed to present this document in court as evidence that Nationstar Mortgage, LLC was a servicer. Therefore, the presumption was Nationstar Mortgage, LLC, the Plaintiff in the foreclosure case, was not in possession of the note.
On or about February 16, 2017, Gross Polowy, LLC, as counsel for Nationstar Mortgage, LLC, presented to Queen’s county recorder’s office a document titled, “Corporate Assignment of Mortgage” dated February 6, 2017, (CRFN 2017000065778) purporting to assign the note & mortgage from Nationstar Mortgage, LLC to MTGLQ Investors, LP. This is irrefutable evidence that Gross Polowy was knowledgeable that its client, Nationstar Mortgage, LLC, was no longer the alleged owner of the note and failed to notify the court at any time before the default judgment was entered two (2) years later. As stated above, Nationstar Mortgage, the plaintiff in the foreclosure case, could not have legally obtained a default judgment in 2019, because MGTLQ Investors, LP had already purchased the “loan” in pools from Fannie Mae. Nationstar Mortgage, LLC was named the servicer of that “loan” for MTGLQ Investors, LP. Nationstar Mortgage, LLC had lost standing in the foreclosure case and Gross Polowy, LLC withheld evidence and failed to inform the court properly.
2019
On or about May 2, 2019, a Default Judgment of Foreclosure and Sale was entered in favor of Nationstar Mortgage, LLC. In the default foreclosure judgment, the court stated that the court based its decision on the Notice of Motion filed by Antonietta D. Mucelli, Esq. of Gross Polowy, LLC on January 25, 2016. The motion withheld evidence from the court creating a prejudice against me.
I was advised by my counsel to file for bankruptcy protection after the default judgment was entered. I was unable to retain bankruptcy counsel and filed MY Chapter 7 in the Eastern District of New York (Brooklyn) under case number 19-44172-ess pro se on July 9, 2019.
Due to the “fog” caused by her intense pain management regime because of my severe pain and inability to obtain counsel, I was unable to complete the bankruptcy process and the case was dismissed on August 26, 2019.
On or about October 31, 2019, I filed for protection under Chapter 13 bankruptcy under case number 19-46591. I filed a skeleton petition as a pro se debtor. The case is still active.
In November 2019, I retained bankruptcy counsel, Aronow Law Firm. P.C. Accordingly, on or about November 21, 2019, Hanin R. Shadood, Esq. of Aronow Law, PC electronically signed my name and filed my schedules. Rushmore Loan Management Services was listed as the creditor for the subject loan for this matter. I was not given the opportunity to review the documents before filing, and did not sign the documents. It was therefore clear that Rushmore Loan Management Services must have an interest in the note.
On or about December 2, 2019, Courtney Williams, Esq., of Gross Polowy filed her Notice of Appearance as counsel for Rushmore Loan Management Services, LLC.
On or about December 24, 2019, Courtney Williams, Esq., of Gross Polowy now as counsel for Rushmore Loan Management Services, LLC as servicing agent for MTGLQ Investors, LP filed an Objection to Confirmation in the Chapter 13 bankruptcy case. It is clear on MGTLQ Investor’s January 20, 2017 “Notice” Nationstar Mortgage, LLC was the servicer of the “loan” that they now owned. MTGLQ Investors, LP inferred it had possession of the note by the assignment of the loan they produced.
Interestingly, there was no appearance filed by counsel for MTGLQ Investors, LP or Nationstar Mortgage, LLC in the bankruptcy case.
2020
Still at the bankruptcy case, on or about January 9, 2020, Courtney Williams, Esq. filed a Proof of Claim (6-1) on behalf of the creditor, Tiki Series IV Trust. Tiki Series IV Trust purported to be in possession of the note.
2021
On or about February 24, 2021, Katherine Heidbrink, Esq of Friedman Vartolo, LLP filed a Notice of Appearance in the Chapter 13 bankruptcy case #19-46591-jmm, stating to represent Rushmore Loan Management Services, LLC, as servicer for U.S. Bank Trust National Association, as Trustee for Dwelling Series IV Trust. U.S. Bank Trust, N.A. purported to be in possession of the note.
On or about March 11, 2021, Katherine Heidbrink, Esq. filed an assignment in the case #19-46591 (ECF Doc #115) purporting to transfer the lien from MTGLQ Investors, L.P. to U.S. Bank Trust National Association, as Trustee for Tiki Series IV Trust (CFRN 2020000174325). Tiki Series IV Trust did not have ownership of the note on January 9, 2020, as stated in the Proof of Claim (6-1) filed by Courtney Williams, Esq on behalf of the entity. It is evident that counsel, Gross Polowy, LLC had consistently been privy to a different chain of possession then what they were presenting to the court.
Also, Katherine Heidbrink, Esq. filed another assignment in the bankruptcy case, which assignment was dated October 30, 2020 (CRFN 2020000322466), purporting to transfer the lien from U.S. Bank Trust National Association, as Trustee for Tiki Series IV Trust to U.S. Bank Trust National Association, as Trustee for Dwelling Series IV Trust. Dwelling Trust IV Trust purported to be in possession of the note.
The documents recorded that are titled “Assignment of Mortgage” listing Tiki Series IV Trust and Dwelling Series IV Trust as assignee and/or assignor state that both entities are located at 7114 E. Stetson Dr., Suite 250, Scottsdale, Arizona 85251. The address 7114 E. Stetson Dr., Suite 250, Scottsdale, Arizona 85251 belongs to Balbec Capital, LP. In the bottom left-hand corner of the assignment dated October 30, 2020 showed “3241860 GS_Oct 19 12891395” ([Account #] Goldman Sachs_ Oct 19 [pooling #]). It appears that Goldman Sachs sold the loan in pools and Balbec Capital, L.P, a company based in Nice, France, won the bid. Tiki Series IV Trust and Dwelling Series IV Trust are both Delaware Statutory rusts with no visible relation to Balbec Capital, LP. Therefore, Balbec Capital, LP purported to have an interest in the note.
It follows, there were multiple entities claiming ownership at the same time in two different cases (the foreclosure case and the bankruptcy case), with the alleged original Note and Mortgage having never being physically presented in court.
Facts Showing Fraud on the Howard Beach Property
2007
I was already a current customer of Countrywide Home Loans, Inc. on my Magnolia Property, as described above.
In 2007, a representative from Countrywide Home Loans, Inc. contacted me, and informed me that they had equity in the Howard Beach property, and they could refinance me loan to take advantage of the equity available.
The original paperwork signed on April 24, 2007, was with Countrywide Home Loans, Inc. who purported to be licensed and legally allowed to conduct business in the State of New York as a mortgage lender. I executed a Note and Mortgage under these beliefs.
On page one of the Mortgage is a MIN (MERS identification number). The number is 1000157-0007930723-3. According to the MERS ID® online look up tool, the number 1000157-0007930723-3 is attached to a note dated April 24, 2007, which became inactive with Bank of America, NA as the servicer and Bank of America, NA as the investor. There is there is confusion as to is in possession of the note.
According to New York’s Secretary of State’s, Paramount Land, Inc. registered on October 20, 2009, and remains active. The principal executive office address mirrors the address on the “assignment.” The Chief Executive Officer is listed as Thomas Rosicki located at 51 East Bethpage Road, Plainview, New York 11803. In United States ex rel. Grubea v. Rosicki, Rosicki & Assocs., 12-cv-7199, the Defendants were found guilty of multiple fraudulent crimes committed between 2009 through 2018 and fined several million dollars. It is stated that Rosicki was approved to perform legal work for the entity in foreclosures by and for Fannie Mae[4]
2008
In 2008, Countrywide Financial Corporation, a Delaware corporation, and all its subsidiaries (including Countrywide Home Loans), merged with and into Red Oak Merger Corporation, a wholly own subsidiary of Bank of America, the surviving company.
According to Securities and Exchange Commission filings, upon the acquisition, Red Oak Merger Corporation, changed its name to Countrywide Financial Corporation, now a Bank of America wholly owned subsidiary. This means all the subsidiaries became Countrywide Financial Corporation, a Bank of America subsidiary.
The great financial collapse was from the years 2008 to 2011. After the collapse many industries suffered. In September of 2008 my full-time position at a travel agency was discontinued.
2009
On or about April 29, 2009, I received a mortgage statement from Bank of America, N.A. Home Loans. It states that BAC Home Loans Servicing, LP “services your home loan on behalf of the holder of your note.” The name of the holder of the note was not revealed.
I then immediately reached out to Bank of America, N.A. and spent most of 2009 applying for a loan modification. Bank of America, N.A. consistently lost my information, needed more information, or gave other excuses as to why my loan modification remained stalled in the processing stage. During this entire period Bank of America, N.A. acted in bad faith and they never gave me a loan modification. I was led to believe by Bank of America, N.A. that an agreement could be made on terms to modify the loan.
2010
On or about January 6, 2010, BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP initiated a foreclosure and its counsel, Rosicki, Rosicki & Counsel filed the foreclosure complaint. This gave the illusion that BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP had possession of the note. The complaint was filed without any evidence that the Plaintiff had possession of the note. It is further notable that Rosicki filed the complaint within the period of their admitted fraudulent activity between 2009 through 2018.
On or about January 29, 2010, Paramount Land, Inc. created and presented a document titled “Assignment of Mortgage” for recording in the Queens’ Recorder’s office under CRFN#2010000034349. The document purported to assign the mortgage from MERS, Inc. as nominee of Countrywide Home Loans, Inc. to BAC Home Loans Servicing LP fka Countrywide Home Loans Servicing, LP dated October 29, 2009, but effective November 7, 2008.On page five of the document was the instructions to return the document to Bank of America f/k/a Countrywide Home Loans, Inc., c/o Rosicki, Rosicki and Associates.
The said assignment was created and recorded by Paramount Land, Inc. weeks after Rosicki filed the foreclosure Complaint, stating the “effective date” of the assignment being November 7, 2008. It is therefore presumed that the assignment is a fraudulent document, and that BAC Home Loans Servicing LP fka Countrywide Home Loans Servicing, LP did not have possession of the note on January 6, 2010.
On or about March 12, 2010, I received a “flyer” type document in the mailbox at 8710 149th Avenue, Apt 5N, Howard Beach, NY 11414 instructing the “Queens homeowner” to appear at the “Settlement Conference” on 04/28/2010. I was never personally served a summons and complaint as this was not my residence. This was an insufficient service of process. Pursuant to CPLR §308, personal service one must make genuine attempts at personal of substituted service (as defined in the rules) before the “nail and mail” option can be employed. I was therefore denied my due process.
The foregoing notwithstanding, I appeared in court on the designated time and date. The court then directed me to the foreclosure prevention court clinic. I received a copy of the foreclosure complaint in the court clinic.
The foreclosure complaint failed to provide a copy of the April 24, 2007, note in favor of Countrywide Home Loans, Inc. or proof of the succession from Countrywide Home Loans, Inc. to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP. Therefore, the presumption was that BAC Home Loans Servicing, LP did not possess the note at the time the complaint was filed. The foreclosure Plaintiff’s counsel was Rosicki, Rosicki and Associates.
I sought free legal consultation after leaving the court hearing on April 28, 2010, and was advised that I needed to answer the compliant. I therefore answered the complaint as a pro se defendant and filed it with the court.
Unable to obtain an attorney, I remained pro se in the case throughout the case and until the Order of Dismissal Pre-note was entered July 23, 2014.
2012
On or about February 6, 2012, the mortgage “loan” was transferred to Bank of America, N.A. per a Notice of Assignment, Sale, or Transfer of ownership of Mortgage Loan provided by Bank of America, N.A on February 14, 2012. The previous creditor is not named.
On or about June 28, 2012, I filed for Chapter 7 bankruptcy protection in the Eastern District of New York (Brooklyn) under case number 12- 44750-ess. BAC Home Loans Servicing was listed.
On or about October 1, 2012, Bank of America, N.A. transferred the servicing rights to Ocwen Loan Servicing, LLC in correspondence from Bank of America dated September 12, 2012.
On or about October 10, 2012, a Discharge of Debtor Order of Final Decree was entered in the bankruptcy case.
2013
On or about June 14, 2013, the mortgage “loan” was transferred to BofA Merrill Lynch Asset Holdings, Inc. naming Ocwen Loan Servicing, LLC as its servicer in correspondence from Ocwen dated July 11, 2013. Thereby BofA Merrill Lynch Asset Holdings, Inc. claimed to have possession of the note.
2014
On or about January 28, 2014, a document titled “Assignment of Mortgage” was executed assigning the mortgage from Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP to Christiana Trust, a division of Wilmington Savings Fund Society, FSB, not in its individual capacity but as Trustee of ARLP Trust 3 and recorded under CFN#2014000203670 on June 13, 2014 (6 months after its creation). The document was created, executed and presented by Indecomm Global Services, Bank of America’s attorney in fact.
On or about May 8, 2014, a document titled “Assignment of Mortgage” was executed assigning the mortgage from Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP to Christiana Trust, a division of Wilmington Savings Fund Society, FSB, not in its individual capacity but as Trustee of ARLP Trust 3 and recorded under CRFN#2014000254316 on August 1, 2014 (3 months after creation. This document was executed by Ocwen Loan Servicing, LLC as Bank of America’s attorney in fact. This would be impossible since Christiana Trust, a division of Wilmington Savings Fund Society, FSB, not in its individual capacity but as Trustee of ARLP Trust 3 already had the loan according to the January 28, 2014 “assignment.”
On or about June 4, 2014, the court ordered a status conference to be held on July 23, 2014. The Court ordered the plaintiff to file a Foreclosure Affirmation/Certificate of Merit.
In June 2014, as already stated in the facts outline for the Magnolia property, while employed by American Airlines, I sustained injuries at work, and had to retain a Worker’s Compensation attorney, a disability attorney and a personal injury attorney. Accordingly, during the years of 2014 to 2019, I suffered from severe and debilitating pain from my injuries resulting in multiple surgeries (one involved a spine stimulator). I was placed on a pain management regime that included strong narcotics and sleep medicine that left me in a stupor throughout these years. I could not focus on anything but my medical crisis. It was during this time that I relied on the integrity of mt counsel to act in her best interest.
On or about July 23, 2014, the foreclosure case was Dismissed Pre-Note due to Plaintiff, BAC Home Loans Servicing LP, failing to present the Note and complying with the Status Conference Order.
On or about August 6, 2014, Consent to Change Attorney was filed by the plaintiff’s counsel, Rosicki, Rosicki and Associates. Plaintiff’s new counsel was Leopold & Associates. Rosicki, Rosicki and Associates purported to execute the document on July 22, 2014, the day before the status conference on July 23, 2014. Jon King, a contract management coordinator for Ocwen Loan Servicing, LLC as servicer for BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP, purported to execute the document on July 23, 2014. However, Leopold & Associates did not execute the document until July 28, 2014, after the status hearing held on July 23, 2014.
Rosicki, Rosicki and Associates were fully aware and had ample time to provide the court with a Certificate of Merit attaching a copy of the note but failed to do so. Therefore, the presumption is BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP did not have possession of the note at the time the complaint was filed. BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP never produced evidence of being in possession of the Note and Mortgage prior to allegedly assigning the Note and Mortgage to Christiana Trust, a division of Wilmington Savings Fund Society, FSB, not in its individual capacity but as Trustee of ARLP Trust 3. Therefore, the presumption is that Christiana Trust, a division of Wilmington Savings Fund Society, FSB, not in its individual capacity but as Trustee of ARLP Trust 3 did not possess the note.
2015
On or about June 25, 2015, the servicing of the loan transferred from Ocwen Loan Servicing, LLC to Fay Servicing, LLC per Ocwen’s June 4, 2015, letter.
2016
On or about August 23, 2016, Clarfield, Salomone & Pincus, P.L. filed a Notice of Appearance representing the Plaintiff, BAC Home Loans Servicing LP.
On or about November 22, 2016, Plaintiff counsel, Gross Polowy, LLC filed a Motion to Restore the Action. The basis for an “excusable default” for not filing the said motion within the one (1) year limitation as provided in CPLR 5015 was counsel for the plaintiff did not appear at the status conference hearing on July 23, 2014. It should be noted that the motion was based on hearsay and it lacked full disclosure that their client was no longer the party in possession of the note.
On or about December 9, 2016, the Honorable Kevin J. Kerrigan’s Memorandum referring the Motion to Restore the Action back to the presiding judge, the Honorable Martin J. Schulman was filed on December 19, 2016, 10 days later.
2017
On or about January 5, 2017, the court issued a short order vacating the July 23, 2014 order to dismiss the case. The execution and format of this order was not consistent with the July 23, 2014, Order Dismissing the Action. On the preceding order the judge’s full printed name was below and the paragraph format was single spaced.
On February 1, 2017, some unidentified person/entity presented three random documents to the foreclosure court, which were filed as “received papers”. In this filing was the exact same memorandum without the “Filed Dec 19, 2016, County Clerk Queens County” stamp. There was no indication on the docket or on the document who entered these “received papers” to the court or provide a reason to file the unfiled but executed memorandum along with a proposed short form order.
On or about May 19, 2017, the mortgage loan was assigned, sold or transferred to U.S. Bank N.A., as Legal Title Trustee for Truman 2016 SC6 Title Trust with Fay Servicing, LLC as the named servicer as stated in correspondence from Fay Servicing dated May 26, 2017. Thereby US Bank National Association as Legal Title Trust for Truman 2016 SC6 Title Trust claims to have possession of the note. When in fact they may have only bought the loan without any security interest in the collateral.
On or about June 30, 2017, a document titled “Assignment of Mortgage” was executed assigning the mortgage from Christiana Trust, a division of Wilmington Savings Fund Society, FSB, not in its individual capacity but as Trustee of ARLP Trust 3 to US Bank, NA as Legal Title Trustee for Truman 2016 SC6 Title Trust and recorded under CRFN#2017000278213 on July 28, 2017. This document was executed by Meridian Asset Services, Inc., the assignor’s attorney in fact. There was no power of attorney or evidence Meridian Asset Services, Inc. had the authority to execute this document.
On or about October 3, 2017, Gross Polowy, LLC filed a Consent to Change Attorney from Pincus Law Group, PLLC.
On or about December 11, 2017, foreclosure plaintiff’s counsel, Gross Polowy, LLC, filed a Notice of Motion, Affirmation, Memorandum of Law in Support. A copy of the alleged original note was presented for the first time in the foreclosure matter seven (7) years after the original complaint was filed. Gross Polowy, LLC, requested in their motion “that the caption be amended to reflect the plaintiff as US Bank National Association as Legal Title Trustee for Truman 2016 SC6 Title Trust.” However, Gross Polowy, LLC, did not provide and chain of possession evidence supporting ownership of the note by US Bank National Association as Legal Title Trustee for Truman 2016 SC6 Title Trust.
Further, the alleged Note displayed one blank and undated endorsement by Michele Sjolander as Executive Vice President of Countrywide Home Loans, Inc. According to Michele Sjolander’s testimony on January 25, 2012, in Kirby vs Bank of America, N.A. US Southern District of Mississippi, Hattiesburg case number 09-CV-00182-DCB-JMR, she worked for Recontrust and not Countrywide Home Loans, Inc. in 2007. She further testified there were multiple stamps with her signature on them. She testified that while she had some sort of power of attorney to allow others to use her stamps, she didn’t know who the people using her stamp were, she was never in the same room where the stamps were being used and didn’t have the security clearance to be in the room where her multiple stamps were being used to endorsed notes. Therefore, she had no control of stamps with her signature or personal knowledge to endorse alleged original notes for a company she wasn’t even employed by.
2018
On or about June 4, 2018, an order was entered amending the caption to read US Bank National Association as Legal Title Trustee for Truman 2016 SC6 Title Trust as the new foreclosure plaintiff and awarded same its summary judgment. The signature only referred to a “Justice of the Supreme Court” and the “signature” was illegible. Further, it is notable that the said order was based on hearsay and evidence withheld by counsel, Clarfield, Okon, Salmone & Pincus, PL, for the plaintiff, BAC Home Loans Servicing, LP.
2019
On or about April 5, 2019, a Default Judgment was entered in favor of US Bank National Association as Legal Title Trustee for Truman 2016 SC6 Title Trust.
2022
On January 19, 2022, I was served with a complaint from the Bank of America, N.A., NA, Successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans, LP as the alleged lender[5].
On or about March 17, 2022, I filed a Jurisdictional Challenge. In the said filing, I challenged the jurisdiction of the instant court over the case.
On March 21, 2022, Bank of America, N.A., through counsel Friedman Vartolo LLP, filed a Notice of Return and Rejection, where it denied my jurisdictional challenge as a response to the complaint.
On or about September 15, 2022, Bank of America, N.A filed a Notice of Sale, which sale was scheduled for October 14, 2022.
On or about September 20, 2022, I filed a motion to vacate the default foreclosure judgment. On or about September 28, 2022, Bank of America, N.A. filed an opposition to my motion to vacate the default foreclosure judgment.
On or about October 4, 2022, I filed an objection to the Notice of Sale. On or about October 5, 2022, Bank of America, N.A., filed a Notice of Return and Rejection of the objection to the Notice of Sale. On or about October 11, 2022, I filed an opposition to the Notice of Return and Rejection of the objection to the Notice of Sale.
On or about October 13, 2022, the Bankruptcy Court in case number 19-46591 issued an order terminating the automatic stay pursuant to Bankruptcy Code Section 362(d) to allow the “Secured Creditor to pursue its rights under applicable laws with respect to the property located property.”
Consequently, on or about October 13, 2022, I filed an Order to Show Cause why an order should not be issued preventing the Appellee from selling the property. On the same day, I filed an Emergency Affidavit, seeking the Court to urgently consider my Order to Show Cause before the scheduled sale on October 14th. On or about October 13, 2022, Bank of America, N.A. drafted a letter to the Judge in Opposition to the Order to Show Cause.
The Court then entered an Order Confirming Referee Report and Judgment of Foreclosure and Sale on October 13, 2022. I have appealed the decision at the Appellate Division, Second Department.
CONCLUSION
The foregoing has subjected my children and I to much harm and/or suffering. My properties have been foreclosed, and cases have been filed to effect the sale of the properties. I have also been forced to file three bankruptcy cases, to protect me from further financial harm, caused by the fraudulent foreclosure cases. Next, I have incurred cost and expenses in defending my rights and seeking redress for the fraud on my properties. Accordingly, I have suffered serious undue financial, mental, emotional and physical stress since 2012. It would therefore be in the interest of justice to institute an investigation on the foregoing, and hold the culprits liable for property fraud.
Thank you for your prompt consideration of this matter.
Sincerely,
__________________
Ashmeen Modikhan
Cc:
William K. Harrington
United States Trustee (Region 2)
Office of the United States Trustee
Alexander Hamilton Custom House
One Bowling Green, Suite 739
New York, NY 10004-1408
Phone: 212-510-0550 212-510-0550
Fax: 212-668-2256 212-668-2256
Linda Riffkin, Assistant U.S. Trustee
Office of the United States Trustee
Alexander Hamilton Custom House
One Bowling Green, suite 534
New York, NY 10004-1408
Phone: 212-510-0500 212-510-0500
Fax: 212-668-2361 212-668-2361
Marylou Martin, Assistant U.S. Trustee
Office of the United States Trustee
Alexander Hamilton Custom House
One Bowling Green, Suite 510
New York, NY 10004-1408
Phone: 212-206-2580 212-206-2580
Fax: 212-668-2255 212-668-2255
[1] https://www.newyorkappellatedigest.com/2017/07/05/business-records-exception-to-the-hearsay-rule-not-met-in-this-foreclosure-action-banks-summary-judgment-motion-should-not-have-been-granted-2nd-dept/
[2] http://www.morganstanley.com/pub/content/msdotcom/en/press-releases/david-spector-to-join-morgan-stanley_85.html
[3] https://www.fanniemae.com/newsroom/fannie-mae-news/fannie-mae-announces-winner-its-latest-non-performing-loan-sale-4
[4] https://www.justice.gov/usao-sdny/pr/manhattan-us-attorney-announces-settlement-civil-fraud-claims-against-law-firm-rosicki
[5] US Bank, NA, as Legal Title Trustee for Truman 2016 SC6 Title Trust v. Ashmeen Modikhan, et al., Case No. 705854/2021.
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