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New York

Higher - Ever Upward

Quick Facts
 
Capital: Albany
 
Area: 49,576 square miles
 
Ranks 30th in size
 
Nickname: Empire State
 
State Slogan: I Love New York, The Empire State
 
Admission Date: 1788
 
State Flower: Rose
 
State Bird: Bluebird
Did you know?
  • The official fruit of New York is the apple.
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  • New York City was the first capital of the United States of America from 1785-1790.
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  • New York is the headquarters of the U.S. Military Academy West Point.
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  • New York is the headquarters of the United Nations.
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  • The New York city subway system has 722 miles of track.
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  • Taxi Cabs are yellow because the man who started the Yellow Cab Company read that yellow is the easiest color to spot.
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  • The tallest building in the United States is the One World Trade Center at 1,776 feet tall.
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  • In 1886, France donated the Statue of Liberty to the United States. Her fingers are around 8 feet long.
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  • In 1895, the first pizzeria in the United States opened in New York.
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  • Peter Minuit purchased the island of Manhattan from Native Americans for $24.00.

On July 26, 1788, New York became the 11th State to be admitted into the United States of America. Below are excerpts of the New York Constitution followed by what has and is happening in New York.


The Constitution of New York
WE THE PEOPLE of the State of New York, grateful to Almighty God for our Freedom, in order to secure its blessings, DO ESTABLISH THIS CONSTITUTION.
Preamble

Trial by jury in all cases in which it has heretofore been guaranteed by constitutional provision shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law.
Article 1, Section 2

The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this state to all humankind; and no person shall be rendered incompetent to be a witness on account of his or her opinions on matters of religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this state. (Amended by vote of the people November 6, 2001.)
Article 1, Section 3

No person shall be deprived of life, liberty or property without due process of law.
Article 1, Section 7


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It is happening in New York
If you love New York, help save New York.



Scams Push Foreclosure Fraud to Limit, Taking Victims' Home
Enough is enough. The justice train is coming in. Americans, get on board! If we all stand together, we can make America great again. If we do not stand together, America will fall. United we stand. Divided we fall. Choosing to do nothing is choosing to do something. Choose wisely.
Read more...

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Tags: New York
Source: https://www.usnews.com/news/best-states/new-york/articles/2017-04-22/scams-push-foreclosure-fraud-to-limit-taking-victims-homes
Article by Sedensky, April 23, 2017

 

New York & Florida Court awarded property deed to homeowner free and clear after PHH could not find deed

Read more...

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Tags: New York
Source: https://www.thestreet.com/story/12804579/1/new-way-fight-foreclosures.html
Article by Brian O'Connel, November 13, 2009

 

JPMorgan CHASE Lawsuit: New York Attorney General's Suit Is First For Task Force
New York Attorney General Eric Schneiderman sues JPMorgan Chase for their handling of mortgages. This article deals with the strength of mortgage bonds sold to investors. Attorney Generals across America need to start protecting their borders and their citizens from fraud, abuse, unlawful seizure, and property identity theft. Stand up and be counted worthy of the position and authority you hold.
Read more...

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Tags: New York
Source: http://www.huffingtonpost.com/2012/10/01/jpmorgan-chase-lawsuit-new-york-ag-white-house_n_1930678.html
Article by Ben Hallman, October 2, 2012

 

The Man the Banks Fear Most

Wall Street has gone largely unpunished for its role in wrecking the economy...until New York Attorney General Eric Schneiderman came along. We need Attorney Generals across America to stand up and do what is right for the citizens of their states. Every Attorney General should be feared by the big and little banks. No more politics. No more buyouts. No more deals. Do your jobs and help get the corruption under control.

The walls of Wall Street need to come tumbling down. Christians, pray! This is a fight that can be won through faith and prayer. The faithful prayers of a righteous man can and will make a difference..even on Wall Street.
Read more...

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Tags: New York
Source: http://prospect.org/article/man-banks-fear-most
Article by Harold Meyerson, April 23, 2012

 

Business Insider Solicits, Then Refuses to Publish, Story on Suspicious Foreclosure-Related Death of Sunny Sheu
Mortgage fraud abuse is lethal. This is a story about a homeowner who started an investigation on a judge in New York. He was allegedly killed because of his investigation.
Read more...

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Tags: New York
Source: http://www.nakedcapitalism.com/2012/09/business-insider-solicits-then-refuses-to-publish-story-on-suspicious-foreclosure-related-death-of-sunny-sheu.html
Article by Yves Smith, September 7, 2012

 

Will Galison and Milton Allimadi: The Death of Sunny Sheu

The complete story of Sunny Sheu, a man who lived and died trying to save his home. The right to own property is dying in our streets...literally. If we do not do something, there will be nothing left to do anything about.
Read more...

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Tags: New York
Source: http://www.nakedcapitalism.com/2012/09/will-galison-and-milton-allimadi-the-death-of-sunny-sheu.html
Article by Lambert Strether, September 2, 2012

 

New York State Department of Financial Services Fines PHH Mortgage $119,000 for Violation of New York Vacant and Abandoned Property Law
Excellent strategy, New York! American communities need to uphold laws such as this to combat the mortgage fraud crisis. The banksters received hundreds of millions to help homeowners stay in their homes and protect the housing market. Where are all the helped homeowners and how is it working out for foreclosed communities across our nation? Our situation was not a money issue. Our family did not need, want, or ask for a loan modification. We had the money. We just needed Wells Fargo to accept our payments. We repeatedly told Wells Fargo, This is our home. We want to keep it. We have and have always had the financial wherewithal to keep it. We will fight to keep it. Wells Fargo refused our payments and prevented our performance. Prevention of performance excuses the debtor. If State Departments across America would enforce the laws in place to regulate the banking industry, the mortgage crisis would be over. Banks follow the money.
Read more...

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Mortgage Claim Thrown Out in New York Chapter 13 Bankruptcy Case
Foreclosure forcing you into bankruptcy? It is possible your mortgage company’s actions have nullified their rights to foreclose on your property. Read how a bankruptcy court dismissed a note because the lender failed to provide correct loan documentation. Beware! We are reading a lot about forged and altered documents. We are victims personally. Do not be a victim of falsified documentation. Check every detail closely. Verify signatures, dates, notaries, contract verbiage, every dotted i and crossed t, everything.
Read more...

Below are a few other links that tell the story of a homeowner successfully holding JP Morgan Chase Bank and US Bank accountable for their sloppy records.

Read more...#1 View article as PDFView as PDF


New York Bankruptcy Lawyer Triumphs Over Shoddy Mortgage Lender Practices
Read more...

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Read more...#3 View article as PDFView as PDF



If Lenders Say 'The Dog Ate Your Mortgage'
Read more...

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Tags: New York
Source: http://www.cullenanddykman.com/news-advisories-180.html
Article by Joseph D. Simon, December 19, 2017
http://www.shaevlaw.com/mortgage-claim-new-york-chapter-13-bankruptcy-case-phh/
http://4closurefraud.org/2010/03/05/new-york-bankruptcy-lawyer-triumphs-over-shoddy-mortgage-lender-practices/
http://www.prweb.com/releases/2010/03/prweb3685964.htm
Article by Vocus, Inc.
https://www.scribd.com/document/27878985/In-Re-Minbatiwalla-Chapter-13-Case-No-09-15693-MG-Y-2009
http://www.nytimes.com/2009/10/25/business/economy/25gret.html
Article by Gretchen Morgenson, October 24, 2009

 

NY Attorney General Eric Schneiderman on holding bankers accountable
Last year, the big banks offered the states a settlement deal. Schneiderman says he found it to be inadequate, and refused to accept it. The banks, he said, in exchange for their money wanted a broad release for all their previous wrongdoing...The reckless deregulation and irresponsible conduct that brought down the American economy must be systematically investigated. Fight for the right, Eric Schneiderman! Make them do the right thing.
Read more...

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Tags: New York
Source: http://markmaynard.com/2012/06/schneiderman-on-the-need-for-a-second-new-deal/

 

Eric Schneiderman Mortgage task force sues JPMorgan CHASE
New York Attorney General Eric Schneiderman has filed a law suit against JP Morgan CHASE over allegedly faulty mortgages that were packaged and sold to investors during the housing bubble. POP! John O'Brien said it best, You may be too big to fall, but you are not too big to go to jail. CHASE, what are you going to do when they come for you? PHH, what are you going to do when they come for you? ACCOMPLICES, we will not stop until they come for you. Mr. Schneiderman, thank you for fighting for justice for the American homeowner. We pray that you are the real deal, that you will stay in the fight, and that your passion will inspire others to join the fight.

Note to all Attorney Generals: Please stand and fight for homeowners. You have the power to make a difference. Help reclaim the homes of the Americans you protect. Put these mobsters behind bars.

Note to Eric Schneiderman from the Nickerson Family:
Dear Mr. Schneiderman, if there is any information, testimony, documents or proof of fraudulent practices from our case that might help you prosecute JP Morgan CHASE, contact us. Our family and legal team are available and willing to help you fight all the way for the American homeowner.

We are not sure whether or not you knew New York Assistant Attorney General Erik N. Larson before his passing in 2003, but Erik was our brother-in-law. Erik was a true superhero that fought injustice. The legal system lost an honest attorney. We were blessed and honored at the outpouring of love that was showered upon his wife Melissa and their kids from the State of New York. Therefore, Mr. Schneiderman and New York, if we can help your case in any way, count us in.
Read more...

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Tags: New York
Source: http://www.politico.com/story/2012/10/schneiderman-sues-jpmorgan-081889
Article by Jon Prior, October 1, 2012

 


Case Excerpts

Below are excerpts from legal cases that we have found during our research. Please note that we are not necessarily recommending or endorsing any of the cases or their outcomes. However, we have found the parts below to be helpful and informative in our battle.



Thief Conveys No Title
“Throughout the course of human history, the perpetration of evil has inevitably resulted in the suffering of the innocent, and those who act in good faith. And the principle has been basic in the law that a thief conveys no title as against the true owner. … The law stands as a bulwark against the handiwork of evil, to guard to the rightful owners the fruits of their labors.”
Menzel v. List, 267 N.Y.S. 804, 49 Misc. 2d 300, 267 N.Y.S.2.d 804 (NY: Supreme Court, New York 1966)

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Tags: New York
Source: Menzel v. List, 267 N.Y.S. 804, 49 Misc. 2d 300, 267 N.Y.S.2.d 804 (NY: Supreme Court, New York 1966)
 

Christianity is the Religion of the People
“Christianity…is in fact, and ever has been, the religion of the people. This fact is everywhere prominent in all our civil and political history, and has been, from the first, recognized and acted upon by the people, as well as by constitutional conventions, by legislatures and by courts of justice.”
Lindenmuller v. The People, 33 Barbour, 561, Supreme Court of New York

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Tags: New York
Source: Lindenmuller v. The People, 33 Barbour, 561, Supreme Court of New York

 

Church and State
“Much has been written in recent years concerning Thomas Jefferson’s reference in 1802 to ‘a wall of separation between church and State.’…Jefferson’s figure of speech has received so much attention that one would almost think at times that it is to be found somewhere in our Constitution.”
Baer v. Kolmorgen, 181 N.Y.S. 2d. 230,237 (Sup. Ct. N. Y. 19580

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Tags: New York
Source: Baer v. Kolmorgen, 181 N.Y.S. 2d. 230,237 (Sup. Ct. N. Y. 19580

 

Moving for Summary Judgment
“It is also well settled that in moving for summary judgment in an action to foreclose a mortgage, a plaintiff establishes its case as a matter of law through the production of the mortgage, the unpaid note, and the evidence of default (citations omitted).”
Republic National Bank of New York v. Zito, 280 A.D.2d 657, 721 N.Y.S.2d 244, App. Div.  2001 (2001)

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Tags: New York
Source: Republic National Bank of New York v. Zito, 280 A.D.2d 657, 721 N.Y.S.2d 244, App. Div.  2001 (2001)

 

Court Takes Judicial Notice

“Thus, where a court takes judicial notice of a public record that is integral to a fraud complaint, “it does so in order ‘to determine what statements [they] contained’ --…but ‘again not for the truth of the matters asserted’.”
City of Austin Police Ret. Sys. v. Kinross Gold Corp. 957 F Supp. 2d 277 (S.D.N.Y. 2013) (quoting Roth v. Jennings, 489 F.3d 499, 509 (2d Cir. 2007)

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Tags: New York
Source: City of Austin Police Ret. Sys. v. Kinross Gold Corp., 957 F Supp. 2d 277 (S.D.N.Y. 2013) (quoting Roth v. Jennings, 489 F.3d 499, 509 (2d Cir. 2007)

 

People v. Ruggles

Prosecuting Attorney:

“While the constitution of the State has saved the rights of conscience, and allowed a free and fair discussion of all points of controversy among religious sects, it has left the principal engrafted on the body of our common law, that Christianity is part of the laws of the State, untouched and unimpaired.”

Supreme Court Decision:
“Such words uttered with such a disposition were an offense at common law. In Taylor’s case the defendant was convicted upon information of speaking similar words, and the Court…said that Christianity was parcel of the law, and to cast contumelious reproaches upon it, tended to waken the foundation of moral obligation, and the efficacy of oaths.
            And in the case of Rex v. Woolston, on a like conviction, the Court said…that whatever strikes at the root of Christianity tends manifestly to the dissolution of civil government….the authorities show that blasphemy against God and…profane ridicule of Christ or the Holy Scriptures (which are equally treated as blasphemy), are offenses punishable at common law, whether uttered by words or writings…because it tends to corrupt the morals of the people, and to destroy good order.
            Such offenses have always been considered independent of any religious establishment or the rights of the Church. They are treated as affecting the essential interests of civil society….
            We stand equally in need, now as formerly, of all the moral discipline, and of those principles of virtue, which help to bind society together.
            The people of this State, in common with the people of this country, profess the general doctrines of Christianity, as the rule of their faith and practice; and to scandalize the author of these doctrines is not only, in a religious point of view, extremely impious, but, even in respect to the obligations due to society, is a gross violation of decency and good order.
            Nothing could be more injurious to the tender morals of the young, than to declare such profanity lawful….
            The free, equal, and undisturbed enjoyment of religious opinion, whatever it may be, and free and decent discussions on any religious subject, is granted and secured; but to revile….the religion professed by almost the whole community, is an abuse of that right….
            We are a Christian people, and the morality of the country is deeply engrafted upon Christianity, and not upon the doctrines or worship of those impostors [other religions]….
            [We are] people whose manners are refined and whose morals have been elevated and inspired with a more enlarged benevolence, by means of the Christian religion. Though the constitution has discarded religious establishments, it does not forbid judicial cognizance of those offenses against religion and morality which have no reference to any such establishment….[offenses which] strike at the root of moral obligation, and weaken the security of the social ties….
            This [constitutional] declaration (noble and magnanimous as it is, when duly understood) never meant to withdraw religion in general, and with it the best sanction of moral and social obligation from all consideration and notice of the law….
            To construe it as breaking down the common law barriers against licentious, wanton, and impious attacks upon Christianity itself, would be an enormous perversion of its meaning….
            Christianity, in its enlarged sense, as a religion revealed and taught in the Bible, is not unknown to our law….
            The Court are accordingly of opinion that the judgement….must be affirmed.”
People v. Ruggles, 8 Johns 545-547, Supreme Court of New York, 1811

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Tags:New York
Source: People v. Ruggles, 8 Johns 545-547, Supreme Court of New York, 1811