Tuesday, November 9, 2010

NY Robo Signer Cases- Price

#1 TP1_US BANK v. Ronnie Fishbein

The purported affidavit of Tamara Price, “Vice President of CITI RESIDENTIAL LENDING MORTGAGE, a servicing agent who has power of attorney for the plaintiff,” does not contain a jurat, and there is no language of oath or affirmation. The absence of a jurat renders the “affidavit” inadmissible as there is no evidence that an oath or affirmation was taken (Pagano v Kingsbury, 182 AD2d 268[ 2d Dept 19921; see also, People v Lieberman, 57 Misc 2d 1070 [Sup. Ct 19681). Moreover, the purported power of attorney pursuant to which 1 he affidavit was assertedly prepared is not annexed to the motion papers, and the submissions do not otherwise establish the authority of an officer of plaintiffs servicer to execute the affidavit on behalf of plaintiff.

#2 TP2_ARGENT v. Olivera

The Affidavit of Merit and Amount Due was executed and notarized in San Bernadino, California by Tamara Price and it is unaccompanied by a certificate of conformity and, therefore, cannot provide evidence on this application. (see Daimler Chrysler Services North America LLC v,Tammaro 14 Misc 34128 [A]; 2006 NY Slip OP 52506[U]* [App Term, 2Deptl; Bath Meaka1 Suppw, Inc. v. Allstate Indemnity Co., 13 Misc 3d142[A] 2006 NY Slip OP52273[U] *1-*2 [AppTerm 2d Dept]).

#3 TP 3 DBNT v. Halverson

Moreover, the submissions do not reflect the authority of Tamara Price, a self-described “authorized agent” of AMC Mortgage Services, hc., a non-party to this mortgage foreclosure action, to represent plaintiff in this action, nor do the submissions contain evidence that AMC Mortgage Services, Inc. is the attorney in fact for the plaintiff in this action, as alleged in the affidavit of Ms. Price. Similarly, the assignment whereby the mortgage was purportedly assigned to plaintiff was executed by Tamara Smith on behalf of AMC Mortgage Services, Inc. as “authorized agent” for the assignor, without any evidence of such agency. Accordingly, the motion is denied, with leave to renew upon proper submissions that address the deficiencies identified herein.



According to plaintiffs application, defendant Ezaguis’ default began with thenonpayment of principal and interest due on September 1,2006. Yet, more than five months later, plaintiff DEUTSCHE BANK was idling to take an assignment of a nonperforming loan from AMERIQUEST. Further, both assignor AMC, as Attorney in Fact for AMERIQUEST, and assignee, DEUTSCHE BANK, have the same address, 505 City Parkway West, Orange, CA 92868. Plaintiffs “affidavit of amount due,” submitted in support of the instant application for a default order of reference was executed by Tamara Price, on February 16, 2007. Ms. Price states that “I am the Vice President for DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R1( 1, UNDER THE POLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1,2004, WITHOUT RECOURSE (DEUTSCHE BANK.” However, i he February 7,2007 assignment from AMERIQUEST, by AMC, its Attorney in Fact, is executed by Tamara Price, Vice President of AMC. The Tamara Price signatures on both the February 7,2007 affidavit and the February 16,2007 assignment are identical. Did Ms. Price change employers from February 7,2007 to February 16,2007? The Court is concerned that there may be fraud on the part of AMERIQUEST, or at least malfeasance. Before granting an application for an order of reference, the Court requires an affidavit from Ms. Price, describing her employment history for the past three years. Further, irrespective of her employment history, Ms. Price must explain why DEUTSCHE BANK would purchase a nonperforming loan from AMERIQUEST, and why DEUTSCHE BANK shares office


In the instant action, Argent’s defective assignment to Deutsche Bank affects the standing of Deutsche Bank to bring this action. The recorded assignment from Argent to Deutsche Bank, made by “Tamara Price, as Authorized Agent” on behalf of “AMC Mortgage Services Inc. as authorized agent,” lacks any power of attorney granted by Argent to AMC Mortgage Services, Inc. and/or Tamara Price to act on its behalf. The first mortgage assignment, from Grand Pacific Mortgage to Argent, was proper. It was executed by the President of Grand Pacific Mortgage.