Brooklyn Beatdown - Onewest Bank, F.S.B. v Drayton - Judge Arthur Schack Decision Casts Light on Robo-Signers and Foreclosure Fraud

4closureFraud's picture


Onewest Bank, F.S.B. v Drayton
2010 NY Slip Op 20429
Decided on October 21, 2010
Supreme Court, Kings County
Schack, J.


this foreclosure action, plaintiff ONEWEST BANK, F.S.B. (ONEWEST),
moved for an order of reference and related relief for the premises
located at 962 Hemlock Street, Brooklyn, New York (Block 4529, Lot 116,
County of Kings), upon the default of all defendants. The Kings County
Supreme Court Foreclosure Department forwarded the motion papers to me
on August 30, 2010. While drafting this decision and order, I received
on October 14, 2010, in the midst of the present national media
attention about "robo-signers," an October 13,
2010-letter from plaintiff's counsel, by which "[i]t is respectfully
requested that plaintiff's application be withdrawn at this time." There
was no explanation or reason given by plaintiff's counsel for his
request to withdraw the motion for an order of reference other than
"[i]t is our intention that a new application containing updated
information will be re-submitted shortly."

The Court grants the
request of plaintiff's counsel to withdraw the instant motion for an
order of reference. However, to prevent the waste of judicial
resources, the instant foreclosure action is dismissed without
prejudice, with leave to renew the instant motion for an order of
[*2]reference within sixty (60) days of this decision and order, by
providing the Court with necessary and additional documentation.

the Court requires proof of the grant of authority from the original
mortgagee, CAMBRIDGE HOME CAPITAL, LLC (CAMBRIDGE), to its nominee,
subject mortgage and note on March 16, 2009 to INDYMAC FEDERAL BANK, FSB
(INDYMAC). INDYMAC subsequently assigned the subject mortgage and note
to its successor, ONEWEST, on May 14, 2009.

Second, the Court requires an affidavit from Erica A. Johnson-Seck, a conflicted "robosigner," explaining her employment status. A "robo-signer"
is a person who quickly signs hundreds or thousands of foreclosure
documents in a month, despite swearing that he or she has personally
reviewed the mortgage documents and has not done so. Ms. Johnson-Seck,
in a July 9, 2010 deposition taken in a Palm Beach County, Florida
foreclosure case, admitted that she: is a "robo-signer"
who executes about 750 mortgage documents a week, without a notary
public present; does not spend more than 30 seconds signing each
document; does not read the documents before signing them; and, did
not provide me with affidavits about her employment in two prior cases.
(See Stephanie Armour, "Mistakes Widespread on Foreclosures, Lawyers
Say," USA Today, Sept. 27, 2010; Ariana Eunjung Cha, "OneWest Bank
Employee: Not More Than 30 Seconds' to Sign Each Foreclosure Document,"
Washington Post, Sept. 30, 2010).

In the instant action, Ms.
Johnson-Seck claims to be: a Vice President of MERS in the March 16,
2009 MERS to INDYMAC assignment; a Vice President of INDYMAC in the May
14, 2009 INDYMAC to ONEWEST assignment; and, a Vice President of
ONEWEST in her June 30, 2009-affidavit of merit. Ms. Johnson-Seck must
explain to the Court, in her affidavit: her employment history for the
past three years; and, why a conflict of interest does not exist in the
instant action with her acting as a Vice President of assignor MERS, a
Vice President of assignee/assignor INDYMAC, and a Vice President of
assignee/plaintiff ONEWEST. Further, Ms. Johnson-Seck must explain: why
she was a Vice President of both assignor MERS and assignee DEUTSCHE
BANK in a second case before me, Deutsche Bank v Maraj, 18 Misc 3d 1123
(A) (Sup Ct, Kings County 2008); why she was a Vice President of both
assignor MERS and assignee INDYMAC in a third case before me, Indymac
Bank, FSB, v Bethley, 22 Misc 3d 1119 (A) (Sup Ct, Kings County 2009);
and, why she executed an affidavit of merit as a Vice President of
DEUTSCHE BANK in a fourth case before me, Deutsche Bank v Harris (Sup
Ct, Kings County, Feb. 5, 2008, Index No. 35549/07).


COVAN DRAYTON (DRAYTON) executed the subject [*3] mortgage and note on
January 12, 2007, borrowing $492,000.00 from CAMBRIDGE. MERS "acting
solely as a nominee for Lender [CAMBRIDGE]" and "FOR PURPOSES OF
instant mortgage and note on March 19, 2007, in the Office of the City
Register of the City of New York, at City Register File Number (CRFN)
2007000143961. Plaintiff DRAYTON allegedly defaulted in his mortgage
loan payment on September 1, 2008. Then, MERS, as nominee for CAMBRIDGE,
assigned the instant nonperforming mortgage and note to INDYMAC, on
March 16, 2009. Erica A. Johnson-Seck executed the assignment as a Vice
President of MERS, as nominee for CAMBRIDGE. This assignment was
recorded in the Office of the City Register of the City of New York, on
March 24, 2009, at CRFN 200900084809. However, as will be discussed
below, there is an issue whether MERS, as CAMBRIDGE's nominee, was
authorized by CAMBRIDGE, its principal, to assign the subject DRAYTON
mortgage and note to plaintiff INDYMAC. Subsequently, almost two months
later, Ms. Johnson-Seck, now as a Vice President of INDYMAC, on May 14,
2009, assigned the subject mortgage and note to ONEWEST. This
assignment was recorded in the Office of the City Register of the City
of New York, on May 22, 2009, at CRFN 2009000155018.

ONEWEST commenced the instant foreclosure action on June 18, 2009 with
the filing of the summons, complaint and notice of pendency. On August
6, 2009, plaintiff ONEWEST filed the instant motion for an order of
reference. Attached to plaintiff ONEWEST's moving papers is an affidavit
of merit by Erica A. Johnson-Seck, dated June 30, 2009, in which she
claims to be a Vice President of plaintiff ONEWEST. She states, in 1,
that "[t]he facts recited herein are from my own knowledge and from
review of the documents and records kept in the ordinary course of
business with respect to the servicing of this mortgage." There
are outstanding questions about Ms. Johnson-Seck's employment, whether
she executed sworn documents without a notary public present and
whether she actually read and personally reviewed the information in
the documents that she executed.

July 9, 2010 deposition of Erica A. Johnson-Seck in the Machado case

July 9, 2010, nine days after executing the affidavit of merit in the
instant action, Ms. Johnson-Seck was deposed in a Florida foreclosure
action, Indymac Federal Bank, FSB, v Machado (Fifteenth Circuit Court in
and for Palm Beach County, Florida, Case No. 50 2008 CA 037322XXXX MB
AW), by defendant Machado's counsel, Thomas E. Ice, Esq. Ms.
Johnson-Seck admitted to being a "robo-signer,"
executing sworn documents outside the presence of a notary public, not
reading the documents before signing them and not complying with my
prior orders in the Maraj and Bethley decisions.

Johnson-Seck admitted in her Machado deposition testimony that she was
not employed by INDYMAC on May 14, 2009, the day she assigned the
subject mortgage and note to ONEWEST, even though she stated in the May
14, 2009 assignment that she was a Vice President of INDYMAC. According
to her testimony she was employed on May 14, 2010 by assignee ONEWEST.

Then the Schack goes on to say later in the decision...

Then, plaintiff ONEWEST must address the tangled employment situation of "robosigner"
Erica A. Johnson-Seck. She admitted in her July 9, 2010 deposition in
the Machado case that she never provided me with affidavits of her
employment for the prior three years and an explanation of why she wore
so-many corporate hats in Maraj and Bethley. Further, in Deutsche Bank
v Harris, Ms. Johnson-Seck executed an affidavit of merit as Vice
President of Deutsche Bank. If plaintiff renews its motion for an order
of reference, the Court must get to the bottom of Ms. Johnson-Seck's
employment status and her "robo-signing." The Court reminds plaintiff ONEWEST's counsel that Ms. Johnson-Seck, at p. 161 of
the Machado deposition, volunteered, at lines 4 - 5 to "gladly show up
in his court and provide him everything he wants."

Lastly, if
plaintiff ONEWEST'S counsel moves to renew its application for an order
of reference, plaintiff's counsel must comply with the new filing
requirement to submit, under penalties of perjury, an affirmation that
he has taken reasonable steps, including inquiring of plaintiff ONEWEST,
the lender, and reviewing all papers, to verify the accuracy of the
submitted documents in support of the instant foreclosure action.


Accordingly, it is

that the request of plaintiff ONEWEST BANK, F.S.B., to withdraw its
motion for an order of reference, for the premises located at 962
Hemlock Street, Brooklyn, New York (Block 4529, Lot 116, County of
Kings), is granted; and it is further

ORDERED, that the instant action, Index Number 15183/09, is dismissed without prejudice; and it is further

that the notice of pendency in the instant action, filed with the
Kings County Clerk on June 18, 2009, by plaintiff ONEWEST BANK, F.S.B.,
to foreclose a mortgage for real property located at 962 Hemlock
Street, Brooklyn, New York (Block 4529, Lot 116, County of Kings), is
cancelled; and it is further

leave is granted to plaintiff, ONEWEST BANK, F.S.B., to renew, within
sixty (60) days of this decision and order, its motion for an order of
reference for the premises located at 962 Hemlock Street, Brooklyn, New
York (Block 4529, Lot 116, County of Kings), provided that plaintiff, ONEWEST
BANK, F.S.B., submits to the Court: (1) proof of the grant of
authority from the original mortgagee, CAMBRIDGE CAPITAL, LLC, to its
subject mortgage and note to INDYMAC FEDERAL BANK, FSB; and (2) an
affidavit by Erica A. Johnson-Seck, Vice President of plaintiff ONEWEST
BANK, F.S.B., explaining: her employment history for the past three
years; why a conflict of interest does not exist in how she acted as a
INC., a Vice President of assignee/ assignor INDYMAC FEDERAL BANK, FSB,
and a Vice President of assignee/plaintiff ONEWEST BANK, F.S.B. in
this action; why she was a Vice President of both assignor MORTGAGE
Deutsche Bank v Maraj, 18 Misc 3d 1123 (A) (Sup Ct, Kings County 2008);
why she was a Vice President of both assignor MORTGAGE ELECTRONIC
Bank, FSB, v Bethley, 22 Misc 3d 1119 (A) (Sup Ct, Kings County 2009);
and, why she executed an affidavit of merit as a Vice President of
DEUTSCHE BANK in Deutsche Bank v Harris (Sup Ct, Kings County, Feb. 5,
2008, Index No. 35549/07); and (3) counsel for plaintiff ONEWEST BANK,
F.S.B. must comply with the new Court filing requirement, announced by
Chief Judge [*17] Jonathan Lippman on October 20, 2010, by submitting
an affirmation,using the new standard Court form, pursuant to CPLR Rule
2106 and under the penalties of perjury, that counsel for plaintiff
ONEWEST BANK, F.S.B. has personally reviewed plaintiff ONEWEST BANK,
F.S.B.'s documents and records in the instant action and counsel for
plaintiff ONEWEST BANK, F.S.B. confirms the factual accuracy of
plaintiff ONEWEST BANK, F.S.B.'s court filings and the accuracy of the
notarizations in plaintiff ONEWEST BANK, F.S.B.'s documents.

This constitutes the Decision and Order of the Court.

Link to full decision below...

Check it out...

It is fascinating...



LINK - Onewest Bank, F.S.B. v Drayton

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.
StychoKiller's picture

Off-Topic:  Someone was complaining about spammers in another thread, so here's a potential solution:

Fed Supporter's picture

The order requires all foreclosure complaints in Kenton County to be accompanied by an affidavit certifying that the plaintiff is the owner and holder of the note and mortgage and identifying the plaintiff as the original holder or an assignee, trustee, or successor in interest of the original holder.

Kenton County foreclosure complaints must also be accompanied by a copy of the note and recorded mortgage with copies of all allonges, endorsements, and assignments necessary to document the chain of title to both the note and the mortgage.

The complaint must also include documents establishing the plaintiff as the successor in interest if any merger, change of trustee, or other transfer issue has taken place.

The order is effective for all matters filed in Kenton County on or after November 15.

Miles Kendig's picture

Good one.

Now it's time for the Justice Department to step in and claim national security imperatives since that is working so well over at Treasury, the fed and the rest of that rat trap.

Problem Is's picture

What department???

Dear Mr. Kendig,

The Department would like to assure you no one by the name of Eric "Empty Suit" Holder is employed here.

Thank you for your inquiry. Now, please move along.


Faceless Bureaucrat
United States Department of Justice

Precious's picture

Judge says (paraphrasing) "In other words boys and girls, you show up here again with another lying pile of shit, and it's going to be curtains for your respective legal careers."

A Man without Qualities's picture

I think it's more than that.  I think that unless Erica A. Johnson-Seck can demonstrate that she hasn't perjured herself in court, she's going to jail...

Poundsand's picture

The bank has decisions to make that will have national implications.

1. Preferable option imho, go away and let them have the home.  Small potatoes and keep this from becoming widespread.

2. Try the foreclosure again, but this time the bank has to decide if Erica has the right lawyers.  Do they represent her, or the bank?  Big question.  Does she go under the bus?  Or does she throw the bank under the bus?  This is of course assuming that she can actually answer the judges questions.

3. Use this as the springboard for national legal cover via the government.  Eventually we get here, but I am not sure if that happens right away, or down the road a bit.

I work in the insurance industry and no one wants to make bad case law.  No one.  Not only does the company lose, but then you get your 5 minutes of fame being on the wrong side of an issue that everyone talks about for the next five years.  Thus, if I am the bank, I walk unless I have every assurance that Erica takes the wrap for me.  You have to have all the answers known before you go in.  Ten years ago, this little case would be a footnote, with the internet, this little case could be a game changer.  All because one good judge refused to wink at fraud.



George Washington's picture

Thanks, 4ClosureFraud!

williambanzai7's picture

Keep up the good work!

rocker's picture

Your stuff is not bad. Game on to both.

zaknick's picture



Some ignorant jerk last night was attempting to defend the genocidal scum that destroyed America. LET THIS BE A LESSON TO YOU:


While reading ZH last night I came across a discussion between yourself and some uninformed person the topic of which was Bush and Nazism. What I'd like to bring to your attention is the fact that it wasn't some isolated incident where Bush and friends (a bunch of old time Wall St interests and industrialists) were inflicting evil upon some innocent and unknowing people. No, these people have a very long and horrifying history.

I'll give you a timeline of their continuous acts of genocide (along with documenting, credible sources), at least the ones I've discovered although every time I dig a bit more some new horrifying fact flies out which fits perfectly with the ethos of their chronicles.

Bankster history 101 (which is where these people come from):

The first chronological incident tying these families together, to my knowledge, starts with the passage of the Fed Res Act in 1913, the murder of Sen Louis McFadden, and Rockefeller corrupting Delaware functionaries in order to allow his corporation to exist; prior to that time corporations needed to show they would serve the public interests and were not perpetual. (these are not that secret and can be found with a simple search)

The next incident is the ethnic cleansing carried out in the US during the 1920s which the US supreme court approved (in a rigged case):

Carrie Buck v. James Hendren Bell, Superintendent of State Colony
for Epileptics and Feeble Minded
Citations 274 U.S. 200 (more)
47 S. Ct. 584; 71 L. Ed. 1000

The ruling was written by Justice Oliver Wendell Holmes, Jr. In
support of his argument that the interest of the states in a "pure"
gene pool outweighed the interest of individuals in their bodily
integrity, he argued: We have seen more than once that the
public welfare may call upon the best citizens for their lives. It
would be strange if it could not call upon those who already sap
the strength of the State for these lesser sacrifices, often not
felt to be such by those concerned, in order to prevent our being
swamped with incompetence. It is better for all the world, if
instead of waiting to execute degenerate offspring for crime, or to
let them starve for their imbecility, society can prevent those who
are manifestly unfit from continuing their kind. The principle that
sustains compulsory vaccination is broad enough to cover cutting
the Fallopian tubes.

Holmes concluded his argument with the infamous phrase "Three
generations of imbeciles are enough".

They were unable to carry out the thorough, documented process for lack of database technology. Prescott Bush, Carnegie, Rockefeller foundations were all behind this.

Edwin Black, jewish researcher of the German ethnic cleansing in the 1940s, found their older history when he found the IBM Nazi connection. IBM's database technology was what allowed the Germans to ethnic cleanse you, your sister, brother, cousins etc. That is why the earlier one failed. He wrote a couple of books including Nazi Nexus and War on the Weak. Here's a chat about War on the Weak:

This man also states that there was a connection between the Rockefeller foundation and Mengele's overseer. It's in one of his chats. See, it wasn't just a business connection between Thyssen and Bush; it was part of a much larger ethos and yes, conspiracy.

They were also behind a coup attempt in 1933:

During the 1950s Prescott Bush ran for the US senate and lost when a last minute rumor linking him with the old Birth Control League (yes, you heard correctly: the BIRTH CONTROL LEAGUE which is shy George HW Bush was called "rubbers" as in condoms when he was in Congress in the sixties pushing this:

Congressional record in the

Population Task Force

Among Bush's most important contributions to the neo-Malthusian cause while
in Congress was his role in the Republican Task Force on Earth Resources
and Population. The task force, which Bush helped found and then chaired,
churned out a steady stream of propaganda claiming that the world was
already seriously overpopulated; that there was a fixed limit to natural
resources and that this limit was rapidly being reached; and that the
environment and natural species were being sacrificed to human progress.
Bush's task force sought to accredit the idea that the human race was being
"down bred," or reduced in genetic qualities by the population growth among
blacks and other non-white and hence allegedly inferior races at a time
when the Anglo-Saxons were hardly able to prevent their numbers from
Comprised of over 20 Republican Congressmen, Bush's Task Force was a kind
of Malthusian vanguard organization which heard testimony from assorted
"race scientists," sponsored legislation and otherwise propagandized the
zero-growth outlook. In its 50-odd hearings during these years, the task
force provided a public forum to nearly every well-known zero-growth
fanatic, from Paul Ehrlich, founder of Zero Population Growth (ZPG), to
race scientist William Shockley, to the key zero-growth advocates infesting
the federal bureaucracy.
Giving a prestigious congressional platform to a discredited racist
charlatan like William Shockley in the year after the assassination of Dr.
Martin Luther King, points up the arrogance of Bush's commitment to
eugenics. Shockley, like his co-thinker Arthur Jensen, had caused a furor
during the 1960s by advancing his thesis, already repeatedly disproven,
that blacks were genetically inferior to whites in cognitive faculties and
intelligence. In the same year in which Bush invited him to appear before
the GOP task force, Shockley had written: "Our nobly intended welfare
programs may be encouraging dysgenics -- retrogressive evolution through
disproportionate reproduction of the genetically disadvantaged.... We fear
that 'fatuous beliefs' in the power of welfare money, unaided by eugenic
foresight, may contribute to a decline of human quality for all segments of

During hearings on the Social Security amendments, Bush and witness
Alan Guttmacher had the following colloquy: Bush: Is there any
[opposition to Planned Parenthood] from any other organizations or
groups, civil rights groups?
Guttmacher: We do have problems. We are in a sensitive area in
regard particularly to the Negro. There are some elements in the
Negro group that feel we are trying to keep down the numbers. We are
very sensitive to this. We have a community relations department
headed by a most capable Negro social worker to try to handle that
part of the problem. This does, of course, cause us a good bit of
Bush: I appreciate that. For the record, I would like to say I am
1,000 percent in accord with the goals of your organization. I
think perhaps more than any other type of organization you can do
more in the field of poverty and mental health and everything else
than any other group that I can think of. I commend you.

This is an excerpt of Bush's unauthorized biography:

They killed Martin Luther King as his family's wrongful death civil suit against the CIA et al jury said in the late nineties. No MSM covered it. They also killed Malcolm X, JFK and a lot of other people. A credible JFK investigation :

List of people they've murdered (google their names and their stories will come up):

USMC Colonel Sabow
Pulitzer Prize winner Gary Webb
Journalist Danny Casolaro
Ex-mil intel Steve Kangas who wrote this:
US Special Forces Colonels Edward P Cutolo, Baker, and one other whose name escapes me (all in the same incident).
Here's International Committee of the Red Cross investigator David Guyyat on this incident and background info:

As you can see, they are the real drug cartels and here's a good recap of what is known about their activities:

Here's where he first came to light when opposing CIA director Deutch ( a Bush stooge) in a LA townhall after Iran Contra came to light (Ricky Ross is an interesting figure in this case)

Dois Gene "Chip" Tatum who wrote the Tatum Chronicles (very interesting) and whose testimony you can find on YouTube in an interview with 30 year FBI veteran Ted Gunderson (the ones on the beach have more info):

This man's testimony confirms the accusations:

Anyways, a good recap in written form of the decades long CIA drug trafficking is Rodney Stich's Drugging America: A Trojan Horse:

So, the old Birth Control league became Family Planning after WWII when eugenics became taboo. Margaret Sanger was their shill. I and many others believe the "war on drugs is really their new ethnic cleansing technique:

The "war on drugs" results:

How it is done:

The overall picture:

Keep in mind George HW Bush's intent while in Congress (see above) for this man above any other is the architect of the modern day "war on drugs" (as opposed to Prohibition which was also their little fascist games). Yet, if you can believe it, he founded the Medellin Cartel with Jorge Luis Ochoa and Pablo Escobar.

Most of the results are on target.

Ok so now you have some idea of who these people are, where they come from and how they literally get away with genocide. The why is because it's class warfare and lust for empire. The 1960s Great Society "war on poverty" made them rebel following Ayn Rand's (a Rothschild concubine) Atlas Shrugged ethos which also fits with their offshoring (gutting) of the US economy.

Most of the people mentioned on here have YouTube vids and plenty of documentation. Just google them.

Anyways, if you google all these names and situations, read patiently for weeks, you'll get the full picture. Oh, here's another good documentary on the Bushes:

I hope next time you can blast any nitwit or troll who would dare to support this modern day Caligula.



Problem Is's picture

Nick: Might I suggest well researched, published works that support your assertions:

Anthony C. Sutton:

Wall Street and the Rise of Hitler

Wall Street and the Bolshevik Revolution

Webster Tarpley:

George Bush: The Unauthorized Biography

Alfred C. McCoy:

The Politics of Heroin; CIA Complicity In The Global Drug Trade

Alexander Cockburn & Jeffrey St. Clair:

Whiteout: the CIA, drugs, and the press

Widowmaker's picture

Nick, how can you forget George W and his magic walk on a beach with none other than Billy Graham?

"Throw the Christians a bone."   AND IT WORKED!

National elections decided in your brother's back yard and in the courts?

From top to bottom the Bush's will rot in hell, the crime family of lies.   

tony bonn's picture

it's never off topic to bring up the murders of the bush crime honor of their many vicitims justice and righteousness demand that the scum bags be exposed for the murdering filth that they are.

Coldfire's picture

A good decision. Even if you buy the line put out 24/7 by the MSM that these kinds of cases are simply a kerfuffle about paperwork, you can easily see the glaring opportunities for fraud baked into the mortgage and assignment process. To simply assume these opportunities were not acted on requires a degree of active ignorance bordering on the delusional.