dirty-deeds - critical failure?

ABOUT

SWAG

JafoMaru

HARUCHAI

ALL I
CAN STANDS

THE
GROWLER

8 EASY
PIECES

Due Process
$$

Procedural Due Process in the Boro of Brooklyn

Brooklyn Lyceum:as a judicial jurisdictional pincushion

The LOWER COURT STORY (Judge Donald Scott Kurtz)

Lender (Plaintiff) initiated a foreclosure against Lyceum.
Based on the papers submitted by the Plaintiff, the first action in the case was fatally and facially tardy and jurisdictionally ineffective.
The judge, Donald Scott Kurtz, did, or failed to do the following:
  --Failed to dismiss the case as abandoned as was required.
  --Granted relief not requested in the moving papers.
  --Granted relief not listed under the statute noticed.
  --Premised decision on two non-existent documents.
Defendant Richmond moved to dismiss the case as abandoned.
  --Counsel for defendant admitted to the court on October 24, 2012, that Plaintiff had moved 6 months later than the abandonment statute allowed.
  --After this admission, the Court gave Plaintiff extra time to come up with another answer.
  --Plaintiff Counsel produced a sworn statement from former Plaintiff counsel admitting Plaintiff had regular and repeated interaction with counsel for Richmond and Lyceum PRIOR to October 26, 2009 motion.
  --Plaintiff Counsel produced a sworn statement that Plaintiff counsel had admitted, in a hearing on October 24, 2012, that the initial motion was 6 months late.
  --The Decision referenced documents that did not exist at the time of the October 26, 2009 Notice of Motion.
  --The Decision does not address Plaintiff admission to moving 6 months after statutory abandonment.
The judge then followed it up by granting a motion on no notice.
Defendant Richmond appealed the refusal to dismiss the case as abandoned (APPEAL #1).
The Lyceum moved to vacate the Order of Reference never served on the attorney for Richmond and the Lyceum, and the Judgment of Foreclosure with the facially statutorily insufficient notice, either of which would unwind the sale of the Brooklyn Lyceum.
The Plaintiff, in opposition papers, admitted ...:
  --Plaintiff failed to serve the October 26, 2009 Notice of Motion on the sworn to counsel for Richmond / Lyceum, David Blum, Esq.
  --Plaintiff's March 17, 2011 Notice of Motion instructed those noticed to apear on April 18, 2001.
  --Plantiff's ?? Notice of Entry of the Judgment of Foreclosure failed to accurately describe the Decision attached to the Notice of Entry.
The court is required to address jursdictional arguments before it takes any action after they are raised.
Judge Kurtz, rather than addressing the jurisdictional challenges, as required, refused to provide a required court reporter at the hearing on the motion and failed to acknowledge the hearing occurred (and that Richmond raised all three jurisdictional arguments orally) in a decision that said:
"If I were to address the motion, I would deny it"

The APPELLATE COURT STORY (Judge Reinaldo Rivera)

The Lyceum appealed the decision on whether the first action in the case was statutorily abandoned.
Once the appeal was fully briefed, it took 2.5 years to get calendered for oral argument.
At oral argumment on appeal, the Lyceum raised three jurisdictional challenges that, being jurisdictional, can be raised as late as oral argument on appeal:
  --The Lower court had granted a Judgment of Foreclosure and Sale on no notice.
  --The required notice of entry of the Judgment of Foreclosure and Sale was invalid as it did not truly descibe the document entered.
  --The Plaintiff, having now sworn that the Lyceum had actually appeared, contrary to prior sworn statement, failed to serve the attorney for the Lyceum with whom they had repeated communicatuion, including extensions of time to answer.

The Appellate Court ignored the jurisdictional arguments, and, in order to avoid ruling a case abandoned based on the record presented to the lower court:
  --Made up a fact (finding October 19 comes after October 26)
  --Found that the Plaintiff had timely moved in the first motion in the case.
    ---- an impossible finding from the record in the lower court at the time of the motion in question,
  ---- a finding that could only be possible if the court altered the lower docket to incorporate proof of Lyceum appearance, and appearance that triggered the three jurisdictional issues raised at oral argument.
The Appellate Court denied a motion to reconsider whether 19 > 26 or whether the Appellate court went outside the record and altered the docket.
The Appellate Court denied a motion to for leave to appeal whether 19 > 26 or whether the Appellate court went outside the record and altered the docket.

The COURT OF APPEALS STORY

The COURT OF APPEALS:
  --dismissed stating the court did not have jurisdiction over 19 > 26
  --(but did not deny)
  --a motion to for leave to appeal
  --whether 19 > 26 or
  --whether the Appellate court went outside the record and altered the docket.

NEXT LYCEUM STEPS

We are sure that making mathmatically impossible findings is directly akin to jurisdictional issues
(the court has no authority to get 5th grade math wrong).
In the event that Court of Appeals fails to do its job, we will be back with writs to compel the courts to address the jurisdictional arguments and 5th grader math failure.

PASS JUDGMENT ON JUDGES WHO:

Ignore Jurisdictional challenges,

Grant motions on no notice,

Grant relief not requested,

Find Oct. 17 is AFTER Oct. 26 &

Retroactively alter docket for lender.

refuse to provide court reporter

commit perjury to appellate division

DIRTY DEEDS IN THE NYC

GREGORY CERCHIONE - Criminal, Incompetent or Criminally Incompetent?
We believe he is a crook MORE
Overview -

It is hard to tell if it is laziness, incompetence, hubris, greed or corruption. A case is can be made that is is a bit of all five, especially when the courts turn a blind eye to the problem.

What really remains to be seen is.... how much deed fraud is too much for the system of property transfer in NYC to withstand?

It is really quite simple. Deeds are the currency of real estate. There are strict rules that must be followed lest the whole thing go sideways.

It is so important that those rules are followed that whoever lends you money to buy real estate almost always requires that you get title insurance from someone who will research the chain of title step by step from time immemorial to the date of the transaction to make sure that you are getting something with a legit title. The title company insures the bank/buyer to the amount of the purchase price based on paying a premium.

Sometimes Title Companies make mistakes. They pay for those to the amount of insurance.
Sometimes Title Companies work fast and loose with the truth. They pay for those to the amount of insurance.
Sometimes Title Companies don't do due diligence. They pay for those to the amount of insurance.
Sometimes Title Company clients fraudulently induce them into insuring something. They either pay or tell their client that they are not required to pay because fraud cannot be the basis for a contract.

Where it gets really interesting is when the banks are too cozy with the developers and loan based on the property itself as collateral. If the buyer fails to pay they take the property. Simple, no?

But what happens if the deed itself is bad and there is no collateral for the bank to attach to?

Temporal anomalies

are not just for Star Trek anymore.
and are Fatal to a Deed, expensive to Title Companies and Lenders, and can be Fatal to a Law and/or a Notary License MORE
NEW TAB -

NEW CONTENT

Old Guard still standing ...

NPR
--At Least 8 Dead In School Shooting In Russia
--China's Census Data Show Country's Birthrate Is Dropping
--Israeli Airstrikes Kill Gazans After Militants Fire Missiles Into Israel

CHICAGO TRIBUNE
--Coronavirus in Illinois updates: Here’s what’s happening Tuesday with COVID-19 in the Chicago area
--65-year-old dies day after fire in Margate Park senior living building
--Dispute over dice game leaves 1 man fatally shot, another hurt in stabbing, Chicago police say

LA TIMES
--Taiwan says China is 'maliciously' blocking it from WHO
--7 Apple suppliers in China have links to forced labor programs, including the use of Uyghur Muslims
--Instagram, Twitter deleting posts about Palestine, blame it on "glitch".

NEW YORK TIMES
--To Vaccinate Younger Teens, States and Cities Look to Schools, Camps, Even Beaches
--As Deaths Fall in the West, the Virus Is Spreading in Southeast Asia
--A Misleading C.D.C. Number

Indie news of note ...

SAN FRANCISCO PUBLIC PRESS
--Hundreds More Homeless People Could Get Housing Under Emergency Policy
--SF to Open Three Large Vaccination Sites
--SF Prepares for Next Phase of COVID-19 Vaccinations

ATLANTIC YARDS REPORT
--Before tonight's Quality of Life meeting, another anodyne agenda. Some ongoing questions about proje
--From Bklyner: CB8 Land Use Committee Votes Against Developer’s Revised Proposal For Tower At Atlanti
--Welcome to, uh, Plank Road, the new name for 662 Pacific Street. But the web site offers no info on

CITY LIMITS
--Mayor’s Proposed Budget Misses ‘Once-in-a-Generation’ Opportunity to Tackle NYC Homelessness
--Race Heats up to Fill Corey Johnson’s Council Seat
--In Competitive Central Brooklyn City Council Race, Candidates Focus on Housing, Education and Public

CITY LAB

Science feeds of note ...

SCIENCE NEWS

PHYS.ORG
--Disability gap in post-16 destinations and employment outcomes revealed by new analysis
--Low-temperature physics gives insight into turbulence
--Glyphosate inhibits symbiotic bacteria in beetles

SLASHDOT
--China Records Slowest Population Growth In Decades
--IBM's CodeNet Dataset Can Teach AI To Translate Computer Languages
--Voyager 1 Detects Plasma 'Hum'

SPACE.COM

Evolution feeds of note ...

NATURE.COM
--Evolution of kaiA, a key circadian gene of cyanobacteria
--Molecular evolution and the decline of purifying selection with age
--Viruses infecting a warm water picoeukaryote shed light on spatial co-occurrence dynamics of marine

NYTIMES: EVOLUTION
--Some Male Birds Fly Under False Colors to Attract Mates, Study Suggests
--¿Cómo era esa canción? Este pájaro no sabe
--This Endangered Bird Lost Its Song in Australia

EVOLUTION INSTITUTE
--The Evolution of Climate Change
--Can Our Evolutionary Past Help Shape Our Classrooms’ Future?
--The Coronavirus in Evolutionary Perspective

FRONTIERS IN
--Diversity and Evolution of Mineralized Skeletal Tissues in Chondrichthyans
--Ontogenetic Changes of the Aquatic Food Uptake Mode in the Danube Crested Newt (Triturus dobrogicus
--Editorial: From Meristems to Floral Diversity: Developmental Options and Constraints

Espresso feeds of note ...

PERFECT DAILY FEED
--The evolution of the Coffee Taster’s Flavor Wheel
--Why are some coffee beans harder to grind than others?
--Coffee News Recap, May 7: Protests in Colombia continue, Specialty Coffee Expo to take place in New

SPRUDGE
--What Is A Cortado?
--Coffee To Go: Experts Explain Why Coffee Makes You Pee
--Return Of The Build: Submissions Now Open For The 2021 Build-Outs Of Coffee

I NEED COFFEE
--How to Make Iced Coffee With the Gabi Drip Master
--10 Reasons I Love Cold Brew Coffee
--How to Make V60 Coffee

COFFEE TOGRAPHER
--Coffee Coffee 2.0, The Anti Gentrification Coffee Club and Chris Rhodes at Frieze NY, 2021
--A Good Coffee Time Awaits in Miami, HomeState Tacos + Cookie Milk Cold Brew in West Adams, Lolly Lol
--Planet Forward Canisters, Coffee Bags Create Skims’ Hues, A Coffee Washing Station in Ninga Hill.