USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: a I DATE FILED:__ 5/8/2020 LAVERNE LEONARD, debtor-appellant, : Plaintiff, : : 20-cv-1518 (LJL) -v- : : ORDER WELLS FARGO BANK, N.A., : Defendant. :
we ee KX LEWIS J. LIMAN, United States District Judge: Pursuant to Federal Rule of Bankruptcy Procedure 8018(1), the appellant, in this case Ms. Laverne Leonard, “must serve and file a brief within 30 days after the docketing of notice that the record has been transmitted or is available electronically.” On March 27, 2020, the Notice of Record of Appeal Availability was docketed. See Dkt. No. 5. Leonard has filed no brief. IT IS HEREBY ORDERED that Appellant Leonard shall file a brief in support of her appeal by June 12, 2020. Appellee shall serve and file a brief within 30 days after Appellant’s brief is docketed. Appellant may, if she chooses, file a reply brief in further support of her appeal within 14 days after service of the appellee’s brief. Attached to this order are: the Docket Sheet for this case, the Designation of Bankruptcy Record on Appeal, and the Record of Notice of Appeal Availability. A copy of this order, including attachments, will be mailed to debtor-appellant by Chambers. Be advised that In light of the current global health crisis, parties proceeding pro se are encouraged to submit all filings by email to Temporary Pro Se Filing@nysd.uscourts.gov. Additional guidance on practices and procedures during the COVID-19 crisis is available on the Court’s website, at https://nysd.uscourts.gov/hon-lewis-j-liman. SO ORDERED. -<_fL aft x Le Dated: May 8, 2020 New York, New York LEWIS J. LIMAN United States District Judge
U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:20-cv-01518-LJL
In Re: Laverne Leonard Date Filed: 02/20/2020 Assigned to: Judge Lewis J. Liman Jury Demand: None Nature of Suit: 422 Bankruptcy Appeal Related Case: 1:20-cv-01558-LJL (801) Case in other court: USBC-SDNY, 19-B-12337 (CGM) Jurisdiction: Federal Question Cause: 28:0158 Notice of Appeal re Bankruptcy Matter (BA In Re Laverne Leonard
Debtor Laverne Leonard
Appellant Laverne Leonard represented by Laverne Leonard 130 West 131st Street Apt. #1 New York, NY 10027 PRO SE
V. Appellee Wells Fargo Bank, N.A. represented by Brittany J. Maxon Woods Oviatt Gilman LLP 700 Crossroads Bldg., 2 State St. Rochester, NY 14614 (585)-987-2814 Email: bmaxon@woodsoviatt.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Date Filed # Docket Text
02/20/2020 1 NOTICE OF APPEAL FROM THE BANKRUPTCY COURT TO THE S.D.N.Y. from the Order of Judge Cecelia G. Morris dated February 13, 2020. Bankruptcy Court Case Numbers: 19-B-12337 (CGM). Certified copies of file received.Document filed by Laverne Leonard. (Attachments: # 1 Exhibit A).(bkar) (Entered: 02/20/2020) 02/20/2020 Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO- 3.pdf. (bkar) (Entered: 02/20/2020) 02/20/2020 Case Designated ECF. (bkar) (Entered: 02/20/2020) 02/20/2020 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Laverne Leonard..(bkar) (Entered: 02/20/2020) 02/21/2020 NOTICE OF CASE REASSIGNMENT to Judge Lewis J. Liman. Judge Mary Kay Vyskocil is no longer assigned to the case..(wb) (Entered: 02/21/2020) 02/26/2020 3 DESIGNATION OF BANKRUPTCY RECORD ON APPEAL re: 1 Bankruptcy Appeal,. Document filed by Appellant Laverne Leonard..(bkar) (Entered: 02/26/2020) 03/26/2020 4 ORDER: Debtor-Appellant Laverne Leonard is permitted, on a temporary basis and pending further order of the Court, to file documents in this case by emailing the documents to chambers. Appellee counsel must be copied on any such email (email address: bmaxon@woodsoviatt.com). Any document filed in this manner will be promptly docketed on ECF, and the Court will not review the document until it is docketed. Further, the Court will not review or consider the content of any emails; the Court will only consider any attachments intended for public filing. A copy of this order will be emailed to both parties. SO ORDERED. (Signed by Judge Lewis J. Liman on 3/26/2020) (js) (Entered: 03/27/2020) 03/27/2020 5 NOTICE OF RECORD OF APPEAL AVAILABILITY (COMPLETION). Re: 1 Bankruptcy Appeal,. All Documents from the United States Bankruptcy Court - Southern District of New York have been filed with the U.S.D.C. S.D.N.Y. Record of Appeal is Complete and Available Electronically. Appellant Brief due by 4/27/2020..(bkar) (Entered: 03/27/2020) DESIGNATION OF ITEMS - 20-CV-1518 BANKRUPTCY CASE No. 19-12337 DOCKET # DATE DOCKET TEXT 1 7.19.2019 Chapter 13 Voluntary Petition 11 8.27.2019 NOTICE OF APPEARANCE - HSBC BANK USA, NATL ASSOC AS TRUSTEE 20 10.7.2019 ADVERSARY COMPLAINT C # 19-01369 24 10.31.2019 MOTION TO DISMISS 25 10.31.19 MOTION FOR OBJECTION TO CLAIM 29 11.5.19 AFFIDAVIT OF SERV OF THE MOTION FOR OBJECTION TO CLAIM 31 11.15.19 AMENDED MOTION FOR OBJECTION TO CLAIM 32 11.15.19 AFFIDAVIT OF SERV OF THE MOTION FOR OBJECTION TO CLAIM — 33 11.15.19 RESPONSE TO THE MOTION TO DISMISS 37 11.22.19 AMENDED MOTION FOR OBJECTION TO CLAIM 40 11.25.19 AMENDED MOTION FOR OBJECTION TO CLAIM 41 11.25.19 AFFIDAVIT OF SERV OF THE MOTION FOR OBJECTION TO CLAIM 46 12.2.2019 CHAPTER 13 PLAN 42 12.3.2019 RESPONSE TO MOTION OBJECTION TO CLAIM 47 12.4.2019 OBJECTION TO CONFIRMATION OF PLAN 48 12.6.19 AFFIDAVIT OF SERVICE 50 12.10.19 AMENDED MOTION FOR OBJECTION TO CLAIM 52 12.10.19 LETTER EMAIL EXCHANGE LAVERNE AND JON B. FELICE 53 12.13.19 AMENDED MOTION FOR OBJECTION TO CLAIM 54 12.13.19 AFFIDAVIT OF SERVICE 60 1.10.19 AFFIDAVIT OF SERVICE ON JON B. FELICE, ESQ 62 1.16.2020 MOTION TO QUASH A SUBPOENA 63 1.15.2020 AFFIDAVIT OF SERVICE MULTIPLE PARTIES 64 1.17.2020 AMENDED MOTION FOR OBJECTION TO CLAIM 65 1.17.2020 AFFIDAVIT OF SERVICE 66 1.22.2020 AFFIDAVIT OF SERVICE VARIOUS PARTIES 67 1.22.2020 OBJECTION TO CLAIM 68 1.27.2020 OPPOSITION TO DEFENDANTS OBJECTION TO QUASH 69 1.27.2020 AMENDED OPPOS TO DEFENDANTS MOTION DISMISS 70 1.27.2020 AFFIDAVIT OF SERVICE OF AMENDED ADVERSARY AND OBJECTION TO CLAIM
| # 2
71 1.27.2020 Affidavit of Service of Opposition to Defendants Objection & Motion to Quash Subpoena 72 1.27.2020 AMENDED ADVERSARY PROCEEDING 73 1.27.2019 AMENDED ADVERSARY PROCEEDING 74 1.27.2020 AMENDED MOTION FOR OBJECTION TO CLAIM 78 1.27.2020 AMENDED MOTION FOR OBJECTION TO CLAIM 75 1.28.2020 AMENDED OPPOS TO DEFENDANTS MOTION DISMISS 1.30.2020 DENIED AMENDED MOTION FOR OBJECTION TO CLAIM 1.30.2020 DENIED AMENDED MOTION FOR OBIECTION TO CLAIM 80 1.30.2020 ADIOURNMENT MOTION TO DISMISS 81 1.30.2020 ADJOURNMENT RESPONSE TO MOTION TO DISMISS 82 1.30.2020 ADJOURNMENT OPPOS TO DEFENDANTS MOTION 85 2.6.2020 ADJOURNMENT MOTION TO QUASH SUBPOENA 86 2.6.2020 ADJOURNMENT OPPOS TO DEFENDANTS OBJECTION TO QUASH A SUBPOENA
Designation of items 20-CV-1518 BANKRUPTCY CASE No. 19-12337
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DESIGNATION OF ITEMS 20-CV-1518 BANKRUPTCY CASE No. 19-01369 DOCKET # DATE DOCKET TEXT 1 10.7.2019 ADVERSARY COMPLAINT Case No. 19-01369 2 10.7.2019 SUMMONS PRE-TRIAL 19-01369 3 10.21.2019 AMENDED COMPLAINT Adversary Proceeding 4 10.31.19 AFFIDAVIT OF SERVICE 5 10.25.2019 AMENDED COMPLAINT Adversary Proceeding 6 11.5.2019 MOTION TO DISMISS ADVERSARY PROCEEDING 7 11.15.2019 OPPOSITION TO THE MOTION TO DISMISS ADVERSARY PROCEEDING AMENDED NOTICE OF MOTION 8 NOT 11.20.2019 SERVED AMENDED MOTION TO DISMISS ADVERSARY PROCEEDING 10 11.22.2019 AMENDED COMPLAINT Adversary Proceeding 11 11.25.2019 AMENDED COMPLAINT Adversary Proceeding 14 12.6.2019 OBJECTION TO SUBPOENA 17 12.9.2019 LETTER REJECTION OF SUBPOENA 18 12.10.2019 AMENDED COMPLAINT Adversary Proceeding 19 12.13.2019 AMENDED COMPLAINT Adversary Proceeding 27 1.10.2020 Affidavit of Service of notice of Subpoena 28 1.14.2020 MOTION TO EXPUNGE DOCUMENT 29 1.15.2020 Affidavit of Service of notice of Subpoena to Multiple Parties 30 1.15.2020 Affidavit of Service of notice of Subpoena 32 1.17.2020 OBJECT TO MOTION TO DISMISS Adversary Proceeding 34 1.22.2020 OBJECT TO MOTION TO DISMISS Adversary Proceeding 35 1.24.2020 MOTION TO QUASH A SUBPOENA 36 1.27.2020 OPPOS TO DEF OBJECT TO QUASH SUBPOENA 1.30.2020 GRANT AMENDED MOTION TO DISMISS Adversary Proceeding 38 1.30.2020 ADJOURN PRE-TRIAL CONFERENCE 39 2.6.2020 ADJOURN MOTION TO QUASH SUPOENA 40 2.6.2020 ADJOURN OPP TO DEF OBJ MOTION TO QUASH SUBPOENA
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK m2 JUDGE LEWIS J. LIMAN □□ we IN RE: 2p 2 LAVERNE M. LEONARD - PLAINTIFF MOTION TO VACATE ORDER
Vs. INDEX No: 20-CV-1518 HSBC BANK USA, NATIONAL ASSOCIATION AS STATEMENT OF ISSUES TRUSTEE FOR NORMURA ASSET ACCEPTANCE CORPORATION, MORTGAGE PASS-THROUGH CERTIFIATE, SERIES 2007-1 — DEFENDANT AKA: HSBC BANK USA, NATL ASSOCIATION AS Property Address TRUSTEE FOR NAAC MORTGAGE PASS THROUGH 130 West 131° Street, New York, NY 10027 CERTIFICATE SERIES 2007-1 Block No. 1915 Lot No. 47 DEFENDANT WELLS FARGO BANK — SERVICING AGENT WELLS FARGO HOME MORTGAGE DEFENDANT 1. I’m appealing the Judgment of foreclosure and sale granted the Defendant dated April 29, 2019 Index No. 810093/2010, because Defendants case involved Fraud. 2. I’m seeking to appeal the Bankruptcy order dated February 11, 2020 DENYING OBJECTION TO CLAIM Case No. 19-12337 dated February 11, 2020 because Defendants case involved Fraud. In addition to Defendants Fraud: A) In the Bankruptcy Case No.19-12337 Denying Objection to Claim dated February 11, 2020. - Objection to Claim filings are all in the name of HSBC Bank USA, Natl Association As Trustee for NAAC Mortgage Pass Through Certificate Series 2007-1. The court order dated February 11, 2020 was issued erroneously in a different name; HSBC BANK USA, NATIONAL ASSOCIATION FOR NOMURA _ ASSET ACCEPTANCECORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-1.
Page 2 of 9 INDEX No. 20-CV-1518 Leonard Vs. HSBC Bank USA
I’m seeking relief by VACATING judgment or order dated February 11, 2020, due to clerical error on the order DENYING OBJECTION TO CLAIM. The order reads; HSBC Bank USA, National Association as Trustee for Nomura Asset AcceptanceCorporation, Mortgage Pass-Through Certificates, Series 2007-1. The latter is a different name from what appears in the Objection to Claim filed with the Bankruptcy Court listed as; HSBC Bank USA, Natl Assaciation As Trustee for NAAC Mortgage Pass Through Certificate Series 2007-1. Pursuant to Bankruptcy Rule 9024 incorporates Fed. R. Civ. P. 60 and applies in cases under the Bankruptcy Code. The Court may correct a clerical mistake or a mistake arising from oversight on omission whenever one is found in Judgment, Order or other part of the record.
Plaintiff is seeking to Vacate Judgement of Foreclosure and Sale dated April 29, 2019 and the Bankruptcy order dated February 11, 2020 under the grounds that Defendant violated the;
3. (Predatory Lending) and Federal Truth and Lending Act. 4. Violated the Fair Debt Collection Practices Act (FDCPA), 15 U.S. Code section 1692 et. Seq. 5. The Qualified Written Request, pursuant to amendments of the Consumer Financial Protection Bureau, Title X of Dodd-Frank Act, Regulation Z, and 12 U.S.C section 6 of the Real Estate Settlement Procedures Act (2605), 15 U.S.C section 1641 of the Truth in Lending Act. 6. Violations of the New York Banking law section 6-L(2)(k).
7. RESPA, HOEPA, FDCPA, and TILA.
Page 3 OF9 INDEX No. 20-CV-1518 Leonard Vs. HSBC Bank USA
IMPROPER LEGAL REPRESENTATION LAW OFFICE OF JULIO E. PORTILLA, P.C. A) On January 7, 2019! retained the Law Office of Julio E. Portilla, P.C. (555 Fifth Avenue, 17" Floor, New York, NY 10017) to represent me in foreclosure action Index # 810093/2010, Property address: 130 West 1315 Street, New York, NY 10027. Based on the statements of Mr. Portilla made on November 5, 2019 through counsel David Blum & Associates to the Attorney Grievance Committee, docket No. 2019.1527. Mr. Portilla arbitrarily delayed his defense or opposition until “after’ the Defendant obtained a Judgment of foreclosure and sale, which judgment was granted by the court and filed on April 29, 2019, index # 810093/2010. Because | was not properly defended in court after retaining Mr. Portilla. The Defendant was able to procure a judgment in STATE court. Further review of the court documents reveals that the Defendant obtained a judgment based on Fraudulent and inaccurate information. The Defendant subsequently used this judgment (JFS) in Bankruptcy Proceeding Case # 19-12337 and A.P. 19-01369. | was UNDULY HARMED by my attorney, (Julio E. Portilla) decision to delay opposition. Mr. Portilla failed to file the opposition Motion until July 15, 2019, which was six (6) month’s after retaining him, and almost two months after the foreclosure and Sale had already been granted to the Defendant in April 2019.
Mr. Portilla also failed to inform me that the Defendant had been granted a Judgement of foreclosure and Sale in April 2019. Mr. Portilla’s decision tilted the case on the side of the Defendant in State Court and the Defendant used the judgment obtained in the Bankruptcy court, Case No. 19-12337. The Defendant had an unfair advantage with the cooperation of my attorney (Julio E. Portilla. As result of Mr. Portilla’s delay in representation, the property was scheduled in June 2019 to be auctioned on July 24, 2019 and | had to file bankruptcy on July 19, 2019 to stop the auction. Mr. Portilla didn’t inform me of the auction date, and | was informed by two different attorneys (Jon B. Felice, Esq and Scott Lanin, Esq) in the month of June 2019 via email. Mr. Portilla also delayed in filing the “change of attorney” with the County Clerk’s Office.
Page 4 OF 9 INDEX No. 20-CV-1518 Leonard Vs. HSBC Bank USA
Mr. Portilla was retained on January 7, 2019 and his change of attorney was filed with the County Clerk’s office on February 21, 2019. The next entry from Mr. Portilla on the Supreme Court General Index Reg was on July 15, 2019 filing of the opposition (Motion). Meanwhile the Defendant was steadily pursuing me in the foreclosure action. Mr. Portilla’s opposition motion was denied on July 15,2019. The Bankruptcy has negatively affected my credit, buying power and employment opportunities. Mr. Portilla was severed a Subpoena in the Bankruptcy (Adversary Proceeding) but has yet to respond to the Subpoena. IMPROPER LEGAL REPRESENTATION JON B. FELICE & ASSOCIATES, JON B. FELICE, ESQ B) The Defendant was represented by Steven J. Baum, Esq. The Defendant commenced a foreclosure action in 2008, Index # 109372/08, Property 130 West 131* Street, New York, NY 10027. | met and retained an attorney name John J. Riccardi, Esq who was an attorney working at Jon B. Felice & Associates Law firm (11 East 44" Street, 1601 New York, NY 10017). Mr. Felice joined another Law Firm sometime later to my knowledge - Jon B. Felice & Associates, P.C. of Counsel Newman Ferrara LLP. In 2008 | was represented by Mr. Riccardi in the first foreclosure action Index # 109372/08. Then It was my understanding that sometime after the foreclosure action, Mr. Ricciardi left the Law Firm and Mr. Jon B. Felice was now personally handling my foreclosure actions (Index # 109372/08) plus three additional foreclosure actions that was filed against me. Mr. Felice on one of my office visits to sign court documents, asked me to sign two (2) copies of the last page of a court document | didn’t get to read. The second page with my signature Mr. Felice said he would make a copy of it to use in any future court documents he had to prepare in my behalf. The reason that was given, was to save me a trip downtown to his office to sign court papers each time he needed it for court. At the time, this made sense since Mr. Felice was handling a total of four (4) properties in distress. Mr. Felice said he could simply attach my signature to the legal documents he prepared when he needed to present papers to the court in my behalf. This foreclosure case was during the financial crisis, so | didn’t see anything wrong with Mr. Felice request.
Page 5 □□ □ INDEX No. 20-CV-1518 Leonard Vs. HSBC Bank USA
The foreclosure action commenced on July 8, 2008 and in May 26, 2010, the Defendant through his attorney Steven J. Baum Esq discontinued this foreclosure action (Index #109372/08) arid Mr. Felice and the Baum Firm signed a “Stipulation of Discontinuous.” On November 23, 2010, six (6) months later, the Defendant commenced a second foreclosure action, index # 810093/2010 property address, 130 West 131° Street, New York, New York 10027. The second foreclosure action the Defendant launched was with a different attorney; McCabe, Weisberg, & Conway, P.C. However, the same fraudulent information introduced into the court system by The Baum Firm (Index # 109372/08), was filed in court and re-used in the second foreclosure case Index # 810093.2010.
Mr. Felice contacted me about this second foreclosure action in 2010 and | recollect being confused since my understanding was the first case was discontinued. ! had to come in and sign another retainer agreement and provide another retainer fee. _| retained Mr. Felice again to represent me in the second foreclosure action index #810093/2010. Mr. Felice was my attorney of record from the year July 2008 to January 2019. Under Mr. Felice’s watch the Defendant was granted a Summary Judgment in 2014/15.
Mr. Felice did not inform me of my legal right to appeal the Summary Judgment of 2014/15, nor did he explain the amount of time available to appeal the Summary Judgment. Mr. Felice also DID NOT utilize aif legal avenues in this foreclosure action. Steven B. Baum, Elpiniki Bechakas and Pillar Processing, LLC had been investigated by several governmental agencies for attorney misconduct, misrepresentation and fraud. In additional to that, the legal precedence regarding Mr. Baum’s foreclosure schemes was/is readily available to use. Foreclosure actions instituted by Steven J. Baum that were denied are; Index # 04 B 23460, 05-38803, 06-35505, 07-35282, 07-36217, 07-35608 and 16038/08 and many others. Mr. Felice also neglected to mention in his court papers; THE ENTITY KNOWN AS THE DEFENDANT IS NOT THE EXACT NAME OF THE ENTITY THAT ISSUES CERTIFICATES SERIES 2007-1 according to the online prospectus on the SEC.GOV website. The entity that commenced a foreclosure action (Index # 810093/2010) against me is a FICTICIOUS ENTITY.
Page 6 OF 9 INDEX No. 20-CV-1518 □ Leonard Vs. HSBC Bank USA
However, Mr. Felice did not suggest or file a motion in court to have the foreclosure case dismissed on the grounds of Fraud, misrepresentation and attorney misconduct. | requested that Mr. Felice use that in my defense, but he refused and never did so to my knowledge. Also, after the Bankruptcy filing in July 2019 and after a review of the court documents revealed that the legal precedents established in the courts against The Baum Firm was also true in my foreclosure case. The Defendants evidenced filed in Bankruptcy Court, Case No. 19-12337 docket No. 11 dated Auqust 27, 2019 states on the Assignment of Mortgage regarding foreclosed property (130 West 131% Street, New York, NY 10027, block 1915, Lot 47, “THIS SAID MORTGAGE AS NOT BEEN OTHERWISED ASSIGNED.” The Assignment of Mortgage is Fraudulent and would have been grounds for a DISMISSAL as in other foreclosure actions. the Defendant had no grounds to commence and maintain a foreclosure action for twelve (12) years and had no standing to file a Proof of Claim on August 27, 2019 Case No. 19- 12337. Later after | discovered the legal problems the court granting of the 2014/15 Summary Judgment to the Defendant had on my case. | question Mr. Felice on the reason for not informing me | could appeal to the 2014 Summary Judgment. Mr. Felice stated that “He didn’t know he could.” Mr. Felice also did not give me a copy of the agreement he signed with the Baum Firm in May 2010, and | wasn’t aware that a written agreement had been signed in 2010, between Mr. Felice and the Baum Firm, until after | filed Bankruptcy in July 2019 and pulled the court files. Due to the way the “Stipulation of Discontinuous” was grafted between Mr. Felice and Steven J. Baum, with no mention of “with Prejudice.” A second foreclosure action was filed by the Defendant in November 2010. After filing bankruptcy in July 2019, | made several trips to the County Clerk’s office at 60 Centre Street and paid for copies of both foreclosure actions. Copies of these documents weren’t supply to me by either attorney's (Jon B. Felice or Julio E. Portilla) during their representation. A review of the court file it appears Mr. Felice’s legal representation in both foreclosure actions also lent itself to a “tilting” of the foreclosure case in the Defendants direction. In addition, Mr. Felice represented me in three (3) additional property foreclosure cases starting in 2008. I believe Mr. Felice represented me in a total of five (5) foreclosure actions. Steven J. Baum, Esq was the attorney for the Defendant on at least one other foreclosure case, and WELLS Fargo Bank was at feast one of thc Plaintiffs on the other foreclosure case, as they were in this foreclosure (Index 810093/2010.
Page 7 OF 9 INDEX No. 20-CV-1518 Leonard Vs. HSBC Bank USA
Mr. Steven J. Baum, Esq commenced a foreclosure action on another property (Index # 11704/08), that Mr. Felice represented me on, and that involved Wells Fargo Bank. Mr. Felice informed me that Wells Fargo Bank foreclosed on this property (Index # 11704/08) in 2016, but he refused to state that under a sworn oath of a subpoena in 2019. In the latter part of 2018, Mr. Felice contacted me to inform me that he could no longer continue with my foreclosure case, and for health reasons | should find another attorney. | searched for another attorney and met with the Law firm of Julio E. Portilla on January 7, 2019 as mentioned above. Mr. Felice in an email said that he spoke (possibly email or phone} to my new attorney (Julio E. Portilla, Esq) in January 2019, within a day or so after retaining Mr. Portilla. Mr. Felice was released as my attorney on January 7, 2019. A review of the Supreme Court General Index Reg for Index 810093/2010 doesn’t appear Mr. Felice facilitated much on my behalf since 2015. The Defendant however steadily pursued the case. At my request in 2019 after filing Bankruptcy, Mr. Felice released some documents to me in December 2019. But the documents that were turned over were very small to medium size folders and nowhere near the size of court documents ! paid for and picked up at the County Clerk’s office on the foreclosure case. | don’t know what Mr. Felice did with all those documents, but he did not turn them over to me in December 2019. In January 2020, my process server attempted to serve Mr. Felice at his office. Mr. Felice and his office “evaded service” of the Subpoena in the Bankruptcy Case 19-12337 and A.P. 19-01369.
DEFENDANTS FRAUDULENT FILINGS AND FALSE STATEMENTS C) As in the First and Second foreclosure action (Index 109372/08 & 810093/10) The Defendant has engaged in fraud, misrepresentation, and other misconduct in obtaining the Summary Judgment in 2014/2015 in State court, a Judgment of Foreclosure and Sale in April 2019 AND order Dismissing Adversary Proceeding dated February 11, 2020 and order Denying Objection to Claim, which I’m seeking the court to Vacate. Defendant filed the same fraudulent documents in the Bankruptcy Proceeding, Case No. 19-12337 on August 27, 2019. The Defendant then filed additional fraudulent documents
Page 8 OF 9 INDEX No. 20-CV-1518 Leonard Vs. HSBC Bank USA and made false statements on November 5, 2019. January 14", 16th and January 24, 2020 in Bankruptcy Proceeding Case No. 19-12337 and 19-01369 A.P. CLPR section 5015 (a)(3) Provides that the court which rendered a Judgment may relieve a party from it upon such terms as may be just upon the ground of Fraud, Misrepresentation, or Misconduct. See CPLR section 5015 (a)(3). CPLR section 5015(a)(3) requires the movant to articulate a fraud, not in the inducement of the agreement or the execution of the documents that form the basis for the complaint, but in the procurement of the judgment. See Fidelity New York, FSB v. Hanover Companies, Inc., 162 A.D. 2d 582, 583 (1990); Marine Midland Bank v. Hall, 74 A.D.2d 729 (1980); see also In re Holden, 271 N.Y. 212, 218 (1936). Additionally, New York has long recognized that the integrity of the judicial process and the honesty of those who avail themselves of it are among the paramount values of the judicial system. To protect these values, CPLR section 5015 (a)(3) authorizes a court to vacate a judgment “upon the ground of ...fraud, misrepresentation, or other misconduct of an adverse party.” The contemplated misconduct includes the procurement of an order or judgment “based on a fraudulent instrument... [,] perjured testimony, or any other item presented to and acted on by the court, whenever its fraudulent component.” SIEGEL, PRAC. COMM. CPLR 5015-8. Accordingly, where a judgment or order results from a party’s misrepresentation to the court, vacatur under CLPR section 5015(a)(3) is mandated. See, e.g., Li Xian v. Tat Lee Supplies Co., Inc., 126 A.D.3d 424 (1% Dep’t 2015) (vacatur warranted where the “judgment was obtained through misrepresentation”); Peterson v. Melchiona, 269 A.D.2d 375, 375-76 (2d Dep’t 2000) (vacating dismissal of complaint where defendant “had engaged in fraud, misrepresentation, or other misconduct, by making false statements in support of its prior motion”). The court also is empowered to vacate prior proceedings in the interest of substantial justice. See Woodson v. Mendon Leasing Corp., 100 N.Y.2d 62, 68 (2003): Goldman v. Cotter, 10 A.D.3d 289, 293 (1* Dep’t 2004); Appalachian Ins. Co. v. General Elec. C., 8 A.D.3d 109, 109 (1* Dep’t 2004); Bay Crest Assn., Bay Crest Assn., Inc. v. Paar, 99 A.D.3d 744, 746 (2d Dep’t 2012)
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JUDGE LEWIS J. LIMAN IN RE:
LAVERNE M. LEONARD - PLAINTIFF MOTION TO VACATE ORDER Vs. INDEX No: 20-CV-1518 BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR NORMURA ASSET ACCEPTANCE CORPORATION, MORTGAGE PASS-THROUGH STATEMENT OF ISSUES CERTIFIATE, SERIES 2007-1 DEFENDANT AKA: HSBC BANK USA, NATL ASSOCIATION AS Property Address TRUSTEE FOR NAAC MORTGAGE PASS THROUGH 130 West 131% Street, New York, NY 10027 CERTIFICATE SERIES 2007-1 Block No. 1915 Lot No. 47 DEFENDANT WELLS FARGO BANK — SERVICING AGENT WELLS FARGO HOME MORTGAGE DEFENDANT
} HN, | ae 24-20 tdver el. Leonard Plaintiff DATE Index Na, 20-CV-1518
PAGES OF9
PENAP, MDisCs, SchedF, DSO, LossMit, APPEAL
U.S. Bankruptcy Court Southern District of New York (Manhattan) Bankruptcy Petition #: 19−12337−cgm Date filed: 07/19/2019 Assigned to: Judge Cecelia G. Morris 341 meeting: 12/10/2019 Chapter 13 Deadline for filing claims: 09/27/2019 Voluntary Asset Debtor represented by Laverne Leonard Laverne Leonard PRO SE 130 West 131st Street Apt. #1 New York, NY 10027 NEW YORK−NY SSN / ITIN: xxx−xx−1981 dba LML Realty Trustee represented by Krista M. Preuss Krista M. Preuss Chapter 13 Standing Trustee Chapter 13 Standing Trustee 399 Knollwood Road 399 Knollwood Road White Plains, NY 10603 White Plains, NY 10603 (914) 328−6333 (914) 328−6333 Fax : (914) 328−7299 Tax ID / EIN: 82−3912823 Email: info@ch13kp.com U.S. Trustee United States Trustee Office of the United States Trustee U.S. Federal Office Building 201 Varick Street, Room 1006 New York, NY 10014 (212) 510−0500 Filing Date # Docket Text 1 Chapter 13 Voluntary Petition for Individual. Order for Relief Entered. Fee Amount $ 100.00, Receipt Number 204569 Section 521(i) Incomplete Filing Date: 9/3/2019. Chapter 13 Statement of Current Monthly Income and Calculation of Commitment Period − Form 122C−1 Due 8/2/2019 Schedule A/B due 8/2/2019. Schedule C due 8/2/2019. Schedule D due 8/2/2019. Schedule E/F due 8/2/2019. Schedule G due 8/2/2019. Schedule H due 8/2/2019. Schedule I due 8/2/2019. Schedule J due 8/2/2019. Summary of Assets and Liabilities due 8/2/2019. Statement of Financial Affairs due 8/2/2019. Chapter 13 Model Plan due 8/2/2019. Incomplete Filings due by 8/2/2019, Filed by Laverne Leonard . (Lewis, Tenille) 07/19/2019 (Entered: 07/19/2019) Pass−Through Certificates, Series 2007−1. (Attachments: # 1 Certificate of Service)(Maxon, Brittany) (Entered: 08/27/2019) 20 Adversary case 19−01369. Complaint against HSBC Bank USA, NATL Association As Trustee for NAAC Mortgage Pass Through Certificate Series 2007−1 (Fee Amount $ 350.) (Receipt Number 623.). Nature(s) of Suit: (14 (Recovery of money/property − other)), (13 (Recovery of money/property − 548 fraudulent transfer)), (68 (Dischargeability − 523(a)(6), willful and malicious injury)), (62 (Dischargeability − 523(a)(2), false pretenses, false representation, actual fraud)), (67 (Dischargeability − 523(a)(4), fraud as fiduciary, embezzlement, larceny)) Filed by Laverne Leonard. (Attachments: # 1 Adversary Cover Sheet # 2 10/07/2019 Exhibits) (Lewis, Tenille) (Entered: 10/07/2019) 24 Motion to Dismiss Case filed by Krista M. Preuss on behalf of Krista M. Preuss with hearing to be held on 11/21/2019 at 09:00 AM at Courtroom 10/31/2019 617. (Preuss, Krista) (Entered: 10/31/2019) 25 Motion for Objection to Claim(s) Number: 2 filed by Laverne Leonard. 10/31/2019 (Kinchen, Gwen) (Entered: 11/01/2019) 29 Affidavit of Service of the motion for objection to claim Filed by Laverne 11/05/2019 Leonard. (Kinchen, Gwen) (Entered: 11/08/2019) 31 Amended Motion for Objection to Claim(s) Number: 2 filed by Laverne Leonard with hearing to be held on 12/12/2019 at 09:05 AM at Courtroom 11/15/2019 617. (Kinchen, Gwen) (Entered: 11/18/2019) 32 Affidavit of Service Filed by Laverne Leonard. (Kinchen, Gwen) (Entered: 11/15/2019 11/18/2019) 33 Response to the Motion to Dismiss filed by Laverne Leonard. with hearing to be held on 11/21/2019 at 09:00 AM at Courtroom 617 (Kinchen, Gwen) 11/15/2019 (Entered: 11/18/2019) 37 Third Amended Motion for Objection to Claim(s) Number: 2 filed by Laverne Leonard with hearing to be held on 12/12/2019 at 09:05 AM at 11/22/2019 Courtroom 617. (Kinchen, Gwen) (Entered: 11/26/2019) 40 Fourth Motion for Objection to Claim(s) Number: 2 filed by Laverne Leonard with hearing to be held on 12/12/2019 at 09:05 AM at Courtroom 11/25/2019 621 (CGM − NYC). (DuBois, Linda) (Entered: 11/27/2019) 41 Affidavit of Service re: Amended Notice of Objection to Claim Filed by 11/25/2019 Laverne Leonard. (DuBois, Linda) (Entered: 11/27/2019) 46 Model Chapter 13 Plan , Extension of the commitment period of the Chapter 13 plan from 36 months to 60 months requested , Debtor has a Domestic Support Obligation, Motion for Valuation of Collateral , Application for Loss Mitigation Pursuant to General Order M455 Filed by 12/02/2019 Debtor Laverne Leonard . (DuBois, Linda) (Entered: 12/03/2019) 12/03/2019 42 Response to Motion Objection to Claim (related document(s)25, 31, 40, 37) filed by Brittany Maxon on behalf of Wells Fargo Bank, N.A. as Exhibit # 3 Exhibit # 4 Affidavit of Mailing) (Maxon, Brittany) (Entered: 12/03/2019) 47 Objection to Confirmation of Plan (related document(s)46) filed by Brittany Maxon on behalf of Wells Fargo Bank, N.A. as servicing agent for HSBC Bank USA, National Association as Trustee for Nomura Asset AcceptanceCorporation, Mortgage Pass−Through Certificates, Series 12/04/2019 2007−1. (Maxon, Brittany) (Entered: 12/04/2019) 48 Affidavit of Service Filed by Laverne Leonard. (Attachments: # 1 Affidavit of Service # 2 Affidavit of Service # 3 Affidavit of Service) 12/06/2019 (Kinchen, Gwen) (Entered: 12/06/2019) 50 Fifth Amended Motion for Objection to Claim(s) Number: 2 filed by Laverne Leonard with hearing to be held on 12/12/2019 at 09:05 AM at 12/10/2019 Courtroom 621 (CGM − NYC). (Kinchen, Gwen) (Entered: 12/10/2019) 52 Letter email exchange Filed by Laverne Leonard. (Kinchen, Gwen) 12/10/2019 (Entered: 12/10/2019) 53 Sixth Amended Motion for Objection to Claim(s) Number: 2 filed by 12/13/2019 Laverne Leonard. (Kinchen, Gwen) (Entered: 12/13/2019) 54 Affidavit of Service Filed by Laverne Leonard. (Kinchen, Gwen) (Entered: 12/13/2019 12/13/2019) 60 Affidavit of Service of Subpoena on Jon B. Felice, Esq., Jon B. Felice & Associates, P.C. filed by Clerk of Court, United States Bankruptcy Court, 01/10/2020 SDNY. (Fredericks, Frances) (Entered: 01/13/2020) 63 Affidavit of Service of subpoena to multiple parties Filed by Laverne Leonard. (Attachments: # 1 Affidavit of service of subpoena # 2 Affidavit of service of subpoena # 3 Affidavit of service of subpoena # 4 Affidavit of service of subpoena # 5 Affidavit of service of subpoena # 6 Affidavit of service of subpoena # 7 Affidavit of service of subpoena # 8 Affidavit of service of subpoena # 9 Affidavit of service of subpoena)(Kinchen, 01/15/2020 Gwen) (Entered: 01/17/2020) 62 Motion to Quash A Subpoena filed by Brittany Maxon on behalf of Wells Fargo Bank, N.A. as servicing agent for HSBC Bank USA, National Association as Trustee for Nomura Asset AcceptanceCorporation, Mortgage Pass−Through Certificates, Series 2007−1 with hearing to be held on 2/6/2020 at 09:40 AM at Office of UST (One Bowling Green, Fifth Floor, Room 511) Responses due by 1/30/2020,. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Affidavit of Mailing) (Maxon, Brittany) (Entered: 01/16/2020 01/16/2020) 64 Amended Motion for Objection to Claim(s) Number: 2 filed by Laverne Leonard with hearing to be held on 1/30/2020 at 09:05 AM at Courtroom 01/17/2020 617. (Kinchen, Gwen) (Entered: 01/22/2020) 65 Affidavit of Service Filed by Laverne Leonard. (Kinchen, Gwen) (Entered: 01/17/2020 01/22/2020) 67 Objection to claim filed by Laverne Leonard. (Kinchen, Gwen) (Entered: 01/22/2020 01/23/2020) 68 Opposition to Defendant's Objection to and Motion to Quash Subpoena (related document(s)62) filed by Laverne Leonard. with hearing to be held on 2/6/2020 at 09:40 AM at Courtroom 617 (DeCicco, Vincent) (Entered: 01/27/2020 01/28/2020) 69 Amended Opposition to Defendant's Motion to Dismiss (related document(s)24, 33) filed by Laverne Leonard. (DeCicco, Vincent) Additional attachment(s) added on 1/28/2020 (DeCicco, Vincent). 01/27/2020 (Entered: 01/28/2020) 70 Affidavit of Service of Amended Adversary Proceeding, Amended Objection to Claim, and Amended Opposition to Defendant's Motion to Dismiss (related document(s)20, 64, 69) Filed by Laverne Leonard. 01/27/2020 (DeCicco, Vincent) (Entered: 01/28/2020) 71 Affidavit of Service of Opposition to Defendant's Objection to and Motion to Quash Subpoena (related document(s)68) Filed by Laverne Leonard. 01/27/2020 (DeCicco, Vincent) (Entered: 01/28/2020) 72 Amended Adversary Proceeding (related document(s)20) Filed by Laverne Leonard. (DeCicco, Vincent) Modified on 1/28/2020 (DeCicco, Vincent). 01/27/2020 (Entered: 01/28/2020) 73 Amended Adversary Proceeding (related document(s)20, 72) Filed by Laverne Leonard. (DeCicco, Vincent) Modified on 1/28/2020 (DeCicco, 01/27/2020 Vincent). (Entered: 01/28/2020) 74 Amended Motion for Objection to Claim(s) Number: 2 (related document(s)67) with hearing to be held on 1/30/2020 at 09:05 AM at Poughkeepsie Courthouse − 355 Main Street filed by Laverne Leonard. 01/27/2020 (DeCicco, Vincent) (Entered: 01/28/2020) 78 Amended Motion for Objection to Claim(s) Number: 2 adding exhibits O, P, Q, R and S filed by Laverne Leonard with hearing to be held on 1/30/2020 at 09:05 AM at Courtroom 617. (Kinchen, Gwen) (Entered: 01/27/2020 01/29/2020) 75 Amended Opposition to Defendants Motion to Dismiss (related document(s)69) filed by Laverne Leonard. (DeCicco, Vincent) (Entered: 01/28/2020 01/28/2020) Pending Deadlines Terminated re: Amended Motion for Objection to Claim(s) Number: 2 adding exhibits O, P, Q, R and S filed by Laverne Leonard; Hearing held, motion denied, submit order. (DuBois, Linda). 01/30/2020 (Entered: 01/31/2020) Pending Deadlines Terminated re: Amended Motion for Objection to Claim(s) Number: 2 (related document(s)67); Hearing held, motion 01/30/2020 denied, submit order. (DuBois, Linda). (Entered: 01/31/2020) Pending Deadlines Terminated re: Notice of Hearing to consider the Sixth Pending Deadlines Terminated re: Amended Motion for Objection to Claim(s) Number: 2 filed by Laverne Leonard; Hearing held, motion 01/30/2020 denied, submit order. (DuBois, Linda). (Entered: 01/31/2020) Pending Deadlines Terminated re: Objection to claim filed by Laverne Leonard (Doc #67); Hearing not held, See Doc #64 for Amended 01/30/2020 Objection. (DuBois, Linda). (Entered: 02/03/2020) 80 Notice of Adjournment of Hearing re: re: Motion to Dismiss Case filed by Krista M. Preuss on behalf of Krista M. Preuss; Hearing held and adjourned to 3/26/2020 at 09:40 AM at Courtroom 617 (DuBois, Linda). 01/30/2020 (Entered: 02/04/2020) 81 Notice of Adjournment of Hearing re: Response to the Motion to Dismiss filed by Laverne Leonard; Hearing held and adjourned to 3/26/2020 at 01/30/2020 09:40 AM at Courtroom 617 (DuBois, Linda). (Entered: 02/04/2020) 82 Notice of Adjournment of Hearing re: Amended Opposition to Defendants Motion to Dismiss (related document(s)69) filed by Laverne Leonard ; Hearing held and adjourned to 3/26/2020 at 09:40 AM at Courtroom 617 01/30/2020 (DuBois, Linda). (Entered: 02/04/2020) 85 Notice of Adjournment of Hearing re: Motion to Quash A Subpoena filed by Brittany Maxon on behalf of Wells Fargo Bank, N.A. as servicing agent for HSBC Bank USA, National Association as Trustee for Nomura Asset AcceptanceCorporation, Mortgage Pass−Through Certificates, Series 2007−1 (related document(s)62); Hearing not held, adjourned for record purposes only to 3/26/2020 at 08:30 AM at Courtroom 617 02/06/2020 (DuBois, Linda). (Entered: 02/06/2020) 86 Notice of Adjournment of Hearing re: Opposition to Defendant's Objection to and Motion to Quash Subpoena (related document(s)62) filed by Laverne Leonard; Hearing not held, adjourned for record purposes only to 3/26/2020 at 08:30 AM at Courtroom 617 (DuBois, Linda). (Entered: 02/06/2020 02/06/2020) 90 Order Denying Motion For Objection to Claim(s) #2 (Related Doc # 25) 02/11/2020 signed on 2/11/2020. (DuBois, Linda) (Entered: 02/11/2020) 91 Notice of Appeal (related document(s)90) filed by Laverne Leonard. 02/13/2020 (Attachments: # 1 Exhibit)(Rouzeau, Anatin) (Entered: 02/14/2020) 93 Designation of Contents (appellant). and Statement of Issues (related document(s)91) filed by Laverne Leonard. (Rouzeau, Anatin) (Entered: 02/25/2020 02/26/2020)