P. 1
Win Against HSBC and Steven J Baum Foreclosure Mill

Win Against HSBC and Steven J Baum Foreclosure Mill

|Views: 1,980|Likes:
Published by DinSFLA
http://stopforeclosurefraud.com
Hat tip to Jeffrey Miller...
Attached are the three decisions in my case. It has taken a close to two years of fighting.

Although it is a small monetary win, HSBC BANK and the STEVEN J. BAUM LAW FIRM were both
SANCTIONED for filing a FRIVOLOUS law suit.

Hope this may help others, especially in NY. You can post as much as you like.
Jeffrey Miller
http://stopforeclosurefraud.com
Hat tip to Jeffrey Miller...
Attached are the three decisions in my case. It has taken a close to two years of fighting.

Although it is a small monetary win, HSBC BANK and the STEVEN J. BAUM LAW FIRM were both
SANCTIONED for filing a FRIVOLOUS law suit.

Hope this may help others, especially in NY. You can post as much as you like.
Jeffrey Miller

More info:

Published by: DinSFLA on Aug 26, 2010
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

01/09/2011

pdf

text

original

MARI< M.

MEDDAUGH
ActinR Supreme Court Justice Sullivan County Government Center 100 North Street Monticello, NY 12701 (845) 807-0654/ (845) 794-8300 fax
Law Clerk Sandra F. Heck, Esq. Confidential Secretary Evelyn D. Grese

July 26, 2010
Steven J. Baum, P.c. P.O. Box 1291 Buffalo, New York 14240-1291 Mr. Jeffrey Miller 108 Lakeshore Drive South Rock Hill, New York 12775 Re: HSBC Bank, etc. v. Miller, et al. Index No. 4786-2008 ~I No. 52-28816-09 and Mr. Miller:

Dear Counsel

Enclosed please find a copy of the signed Decision/Order and Order of Cancellation of Lis Pendens; relative to the above matter. PLEASE BE ADVISED THAT THIS IS NOT THE NOTICE OF ENTRY DATE. The original Orders, tcgetherwith the supporting to the Sullivan County Clerk's office for filing. papers, have been forwarded

The filing of these original documents by the Court does not relieve counsel from the obligation to serve a copy of the documents, together with Notice of Entry, pursuant to CPLR § 5513(a). Please contact the Sullivan County Clerk at 845-8070411 , to obtain the Notice of Entry date. Very truly yours,

EVELYN D. GRESE Confidential Secretary Encs. cc: Sullivan County C,eri<

,)

At a Special Term orthc Supremc Court orthc COUllty of Sullivan held in the County Courthousc in the of i'vlontieello, New York on the

-Jo
PRESENT:liON. I\lARK]\1. i\!E\)Di\UCII.
STATE OF NEW '{ORK SUPREivlE COURT: COUNTY OF SUI,UVi\N
000 o_uuou_uo ou_uuu_uuou u nn. u __ u

day01'-

'~

,20~

.

./.S.c.

X

I !SI3C BANK US!\. NATIONAL ASSOCIATION. TRUSTI:!: FOR WFf\LT 1007-1'/\02
PlaintitT. vs.

AS

7\-A=-tttr',~".

OR)) ER 0 F IttS{-;.{-)Nf.I-Nt.'. \ NeE ()+' CANCELLATION OF LIS PENDENS

INDEX NO.: 47SfilOH ivIORTGf\GED PREi\-lISES:

10~SOUTH Li\KESIIORI: DRIVE
JEITREY I;. 1\111.LER. nCMRD 01- ivli\Ni\CiEI{S 01Fivll:!Z;\ 1.1)G!U:EN PROPERTY O\\iNFICS ;\SSOCIATION, INC. .. IP:'vIORG:\N CHASI: BANK. ROCK I IILL. NY 12775 SUI.
!i:52.!-1-20

N.i\ ..
JOliN DOE(said
i mention

name being

lictitious. herein.

it being

tlw

or Plaint being

i rf

10 designate

any and all occupants and any parties. or claiming an premises.)

of premises corporations interest

foreclosed

or entities.

if any. having

or licn upon the mortgaged Ddendant(s).

uuuu

uu_uoo

• _0

O_u

0 __

u

ouu_u

__

X X. 2010.

UPON the re~lding and liling oj' tile Notice or i\/!otion dated ;\pril
.I. l~aUIn. P.t' .. :V!cgan 13. Szeliga.

by Plaintifl's

Counsel.

Stevcn

I:sq .. fiH' an Order ion () r \kgan

Diseominuing

this Action ;\pril

and Cancelling

Lis I\:mlcns.

AN D. upon

the i\rtinnal

B. Szcl iga. J7sq .. dated

:-\. 20 I () ,;cUing !c)rth the h:1Sis Ii)! I he

ORDERED. rcspects:

that the PI;\imil'l's

MOlion

10

E)i:;em.,l-itIlKwo\c1.ioll-~nd- Cmcel

Lis PL~ndens. is granted

ill all

and it is fUl111cr

ORDEIU:D. that the Counly Ckrk orSulliv:!n County is directed. upon paymenl or proper ICes. il"any.
cancd and discharge a ccrtain !\otiee or Pendency

10

likd in this action on the 15th day or December. 2008 against DRIVE. ROCK

properly knowu as Section 52.1. lilock I. I.nt 29 and alsn knOWI! as 10S SOUTH LAKESHORE

HILL. NY 12775. and said Clerk is hereby din.:cted to cuter upon the margin orthe record orlhe same a )\;otiee or Canedlat ion referring OI{DERED.
10

this Order: ami it is fUrlher

that the Ckrk nflhe County of Sullivan he servcd a copy or this Order with Notice of Entry_

ivl:\RK ivl. j\·IEDD1\lKill. J.s~ ·VJ~·"..{ /1/7 /f"'dd:~

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SULLIVAN
----------------------------------------------------------------------------}(

HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WF AL T 2007-P A02 3451 Hammond Avenue Waterloo, La 50704-5400, Plaintiffs, -againstJEFFREY F. MILLER, BCAi.RD OF MANAGERS, EMERALD GREEN PROPERTY OWNER'S ASSOCIATION, INC., JP MORGAN CHASE BANK, N.A., JOHN DOE, (said names being fictitious, it being the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, and any parties, corporations or entities, if any, having or claiming an interest or lien UpODthe mortgaged premises, Defendants.
_______________________________ a~' ••• _ •• _,. )(

DECISION/ORDER

Motion Return Date: May 26. 2010 RJI No. 52-28816 2009 Index No. 4786 2008 Acting Justice Mark M. Medd~}tIgh,presiding Appearances: Steven J. Baum, P.c. Allorneysfor Plaintiff 220 Northpointe Parkway, Suite G Amherst, New York 14228 By Megan B. Szeliga, Esq. Jeffrey Miller Defendant, Pro se 108 Lakeshore Drive South Rock Hill, New York 12775

Meddaugh, J.: In this action to foreclose on a mortgage, previously dismissed by Decision IOrder dated May 6,2009 for lack of standing of the Plaintiff to foreclose on the mortgage (motion to reargue denied by Decision/Order dated October 28, 2009), Plaintiff seeks an order discontinuing the action and cancelling the lis pendens. Defendant, Emerald Green Property Owners Association. Inc., was duly served with the motion and did not respond. Defendant, J.P. Morgan Chase Bank, N.A., defaulted in the action and was not served \-viththis motion. Defendant Miller, does not oppose the motion and cross-moves for sanctions against Plaintiff for his litigation expenses incurred in defending the lawsuit and for punitive sanctions. Plaintiff did not oppose reasonable attorney's fees and

disbursements or otherwise respond to the cross-motion. Plaintiff s motion to discontinue is denied as moot, as the action was dismissed in its entirety by Decision Order dated May 6, 2009. The motion to cancel the lis pendens is granted. Defendant's cross-motion was incomplete when served on Plaintiff. In response to Plaintiff s letter dated May 25, 20 10, stating that it did not understand the relief requested, Defendant submitted a supplemental affidavit. Piaintiff responded by letter dated May 26, 201 0, without opposing

payment of reasonable attorney's fees and disbursements. The Court finds that b0th Plaintiff and its attorney engaged in frivolous conduct as defined by 22 NYCRR 130-1.1(c)(!) i'1iila!the commencement of the lawsuit was completely without merit in law, as set forth in the May 6, 2009 and October 28, 2009 Decision/Orders of the Court, and cannot be supported by a reasonable argument for an extension, modification or reversal of existing law.

2

Accordingly, the cross-motion for sanctions is granted to the extent that Defendant is awarded costs pursuant to 22 NYCRR 130-1. 1(a), in the form ofreimbursement for his attorney's

fees and disbursements in the total sum of $1,640.00, as demonstrated by a copy of Defendant's attorney's bill for services rendered herein. While no affidavit of services from the attorney was provided, the Court finds that the fee billed for preparation, service and filing of an answer and a successful motion to dismiss is reasonable for the services provided (see Matter of Freeman, 34 NY2d 1; Matter o.f Potts, 231 App Div 59, aff'd 241 NY 593); the disbursement of $140.00 is likewise appropriate. This award of costs is hereby imposed one-half against Plaintiff and one-half against Plaintiff's attorney, Sleven J. Baum, P.C. Payment of the award to Defendant Miller is to be made within thirty (30) d~ys ofthe date of this Decision/Order. Defendant has failed
LO

establish that punitive sanctions should be imposed and the cross-

motion is denied to that extcm. Therefore, it is ORDERED that the l'IioHonto cancel the lis pendens is granted and the motion is denied as moot in all other respects as above set forth, without costs, and it is further ORDERED that the cross-motion is granted as to reasonable attorney's disbursements and is denied in all other respects as above set forth. This shall constitute the d~cision and order of the Court. The original Decision & Order and all papers are being filed by thi~ Court with the Sullivan County Clerk's Office. The signing of this order shall not constitute entry tmder CPLR 2220. Counsel are not relieved from the provisions of that section regarding notice of entry. fees and

3

o

i\

separatc Order ofCanccllation

of Lis Pendcns is signcd contemporaneollsly

herewith for

tiling with the Sulli\'<ln County Ckrk. SO ORDERED. Dated: July~. 2010 Monticello. New York ENTER

•. -" 'f .. . ~ d

d. Cu...

HO~. MARK M. MEDDAlilal
Acting SUpl"CIllC COIII·t .Justicc

Papers considered: Notice ofiVlotion and Affirmation of iVkgan B. Szeliga. !:sq., dated April X. 20] 0: Notice of Crossl\·lotion and A ffiduvit oLklTn:y rviilkr dated iVlay 19.2010. Supph:mcntal i\flidavit aLlef/j·cy Ivlil kr dated j\'lay 20. 20] 0: letters of \ L.:gan B. Szeliga. Esq .. dakd rvlay 25.201 () and ivlay 2(). 2010: letter dated j\,Jav 26. 20 I 0 0 f.le Ilre\ :\.'I lieI'. i

..

4

()

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->