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DEUTSCHE LOSES - CANNOT BACKDATE ASSIGNMENTS!!

DEUTSCHE LOSES - CANNOT BACKDATE ASSIGNMENTS!!

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Published by 83jjmack
Deutsche loses. Cannot write 'effective date xx-xx-xx' in attempt to backdate the assignment
Deutsche loses. Cannot write 'effective date xx-xx-xx' in attempt to backdate the assignment

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Published by: 83jjmack on Oct 07, 2010
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05/29/2013

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[*1] Decided on September 21, 2010
Supreme Court, Suffolk County
 7782-2008Fein, Such & Crane, LLP
Deutsche Bank Trust Ams. v McCoy
2010 NY Slip Op 51664(U)Decided on September 21, 2010Supreme Court, Suffolk CountyMayer, J.Published byNew York State Law Reporting Bureaupursuant to Judiciary Law§ 431.This opinion is uncorrected and will not be published in the printed OfficialReports. 
Deutsche Bank Trust Company Americas AS TRUSTEE,Plaintiff(s),againstDerek McCoy; EDYTA McCOY; MORTGAGEELECTRONIC REGISTRATION SYSTEMS, INC. asnominee for HOMECOMINGS FINANCIAL, LLC, (f/k/aHOMECOMINGS FINANCIAL NETWORK, INC.) BOARDOF MANAGERS OF THE SILVER CHASECONDOMINIUM; "JOHN DOE # 1-5 and "JANE DOE # 1-5"said names being fictitious, it being the intention of Plaintiff todesignate any and all occupants, tenants, persons orcorporations, if any, having or claiming an interest in or lienupon the premises being foreclosed herein, Defendant(s).
 
Page 1of 9Deutsche Bank Trust Ams. v McCoy (2010 NY Slip Op 51664(U))10/6/2010http://www.nycourts.gov/reporter/3dseries/2010/2010_51664.htm
 
Attorneys for Plaintiff 747 Chestnut Ridge RoadChestnut Ridge, New York 10977-6216Derek McCoyEdyta McCoyDefendants Pro Se35 Gibbs RoadCoram, New York 11727Peter H. Mayer, J.UPON DUE DELIBERATION AND CONSIDERATION BY THE COURT of theforegoing papers, the motion is decided as follows: it is
ORDERED
that plaintiff's resubmitted application (seq. #002) for an order of reference in this foreclosure action is considered under 2009 NY Laws,Ch. 507, enacted December 15, 2009, and 2008 NY Laws, Ch. 472, enacted August 5, 2008(as amended), as well as the related statutes and case law, and is hereby denied withoutprejudice, and with leave to resubmit upon proper papers, for the reasons set forth herein;and it is further
ORDERED
that, inasmuch as the plaintiff has failed to properly show that thehomeowner-defendants are not entitled to a foreclosure settlement conference, pursuant toCPLR 3408 such conference is hereby scheduled for
November 17, 2010, 9:30 a.m.
, in thecourtroom of the undersigned, located at Room A-259, Part 17, One Court Street,Riverhead, NY 11901 (631-852-1760), for the purpose of holding settlement discussionspertaining to the rights and obligations of the parties under the mortgage loan documents,including but not limited to, determining whether the parties can reach a mutually agreeableresolution to help the defendant avoid losing their home, and evaluating the potential for a
Page 2of 9Deutsche Bank Trust Ams. v McCoy (2010 NY Slip Op 51664(U))10/6/2010http://www.nycourts.gov/reporter/3dseries/2010/2010_51664.htm
 
resolution in which payment schedules or amounts may be modified or other workoutoptions may be agreed to, and for whatever other purposes the Court deems appropriate; andit is further
ORDERED
 
that "Sherry Hall," who purports, in this particular case, to be the Vice Presidentof Homecomings Financial Network, Inc., the purported attorney-in-fact for the plaintiff,shall appear at the November 17, 2010 Foreclosure Settlement Conference; and it is further
ORDERED
that "Nikole Shelton," the individual who purportedly notarized Ms. Hall'ssignature in this particular action, as well as in the action entitled
GMAC Mortgage, LLC v Ingoglia
, under Suffolk County Index Number 3463-2009, shall appear at the November 17,2010 Conference; and it is further
ORDERED
that any attorney appearing at the conference on behalf of the plaintiff (including a per diem attorney) shall, pursuant to CPLR 3408, be fully authorized to disposeof the case; and it is further
ORDERED
that the plaintiff shall bring to all future conferences all documentsnecessary for evaluating the potential settlement, modification, or other workout optionswhich may be[*2]appropriate, including but not limited to the payment history, anitemization of the amounts needed to cure the default and satisfy the loan, and the mortgageand note; if the plaintiff is not the owner of the mortgage and note, the plaintiff shall providethe name, address and telephone number of the legal owner of the mortgage and note; and itis further
ORDERED
that the plaintiff shall promptly serve, via first class mail, a copy of thisOrder upon the homeowner-defendants at all known addresses (or upon their attorney if represented by counsel), as well as upon all other appearing parties, and shall provide the
affidavit(s)
of such service to the Court at the time of the scheduled conference, and annex acopy of this Order and the affidavit(s) of service as exhibits to any future applicationssubmitted to the Court; and it is further
ORDERED
that in the event any scheduled court conference is adjourned for anyreason, the plaintiff shall promptly send, via first class mail, written notice of the adjourndate to the homeowner-defendants at all known addresses (or upon their attorney if 
Page 3of 9Deutsche Bank Trust Ams. v McCoy (2010 NY Slip Op 51664(U))10/6/2010http://www.nycourts.gov/reporter/3dseries/2010/2010_51664.htm

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