Transcript Report of Remote Conference before Magistrate Judge Katharine Parker
AUG 11, 2022 | REPUBLISHED BY LINY : SEP 25, 2022
“No Free Home” Sayeth the Magistrate Judge
Who is Brian Scibetta? A Debt Collector, pure and simple. He’s got nothin’ to do with BONYM (Trustee). Nicholson’s debt was charged-off and this is another bounty-huntin’ lawyer, workin’ for a foreclosure mill (3rd party debt collectors).
U.S. District Court
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:22-cv-03177-PGG-KHP
| Nicholson v. The Bank of New York Mellon et al Assigned to: Judge Paul G. Gardephe Referred to: Magistrate Judge Katharine H. Parker Cause: 28:1331 Fed. Question | Date Filed: 04/18/2022 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question |
| Date Filed | # | Docket Text |
|---|---|---|
| 05/01/2023 | 101 | FIRST LETTER addressed to Judge Paul G. Gardephe from Harriet Nicholson dated May 1, 2023 re: Supplemental Authority To Support Nicholson’s Argument Res Judicata Doesn’t Apply to Instant Case. Document filed by Harriet Nicholson..(Nicholson, Harriet) (Entered: 05/01/2023) |
CFPB Settle with Goodwin Law and Nationstar in 2020 for Thievin’ from Homeowners
REPUBLISHED BY LINY : SEP 25, 2022
Nationstar Mortgage, LLC d/b/a Mr. Cooper
On December 7, 2020, the Consumer Financial Protection Bureau (Bureau) filed a complaint and proposed stipulated judgment and order against Nationstar Mortgage, LLC, which does business as Mr. Cooper (Nationstar).
The Bureau alleges that Nationstar violated multiple Federal consumer financial laws, causing substantial harm to the borrowers whose mortgage loans it serviced, including distressed homeowners.
Nationstar is one of the nation’s largest mortgage servicers and the largest non-bank mortgage servicer in the United States.
The proposed judgment and order, which the court entered on December 8, 2020, requires Nationstar to pay approximately $73 million in redress to more than 40,000 harmed borrowers.
It also requires Nationstar to pay a $1.5 million civil penalty to the Bureau.
Attorneys general from all 50 states and the District of Columbia and bank regulators from 53 jurisdictions covering 48 states and Puerto Rico, the Virgin Islands, and the District of Columbia settled with Nationstar the same day and their settlements are reflected in separate actions, concurrently filed in the United States District Court for the District of Columbia.
The orders in the Bureau’s and the States’ actions have yielded nearly $85 million in recoveries for consumers to date and over $6 million more in fees and penalties.
They are also part of a larger government effort, which also includes assistance from the Special Inspector General for the Troubled Asset Relief Program (SIGTARP) and the United States Trustee Program, to address Nationstar’s alleged unlawful mortgage loan servicing practices.
We couldn’t help but notice Thomas Hefferon and Matthew Riffee for Goodwin representing Nationstar.
Nicholson v. The Bank of New York Mellon
(1:22-cv-03177)
District Court, S.D. New York
APR 19, 2022 | REPUBLISHED BY LINY : APR 25, 2022
U.S. District Court
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:22-cv-03177-PGG-KHP
| Nicholson v. The Bank of New York Mellon et al Assigned to: Judge Paul G. Gardephe Referred to: Magistrate Judge Katharine H. Parker Cause: 28:1331 Fed. Question | Date Filed: 04/18/2022 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question |
| Date Filed | # | Docket Text |
|---|---|---|
| 05/19/2022 | 24 | MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim Pursuant to FRCP 12(b)(1) and 12(b)(6). Document filed by The Bank of New York Mellon..(Scibetta, Brian) (Entered: 05/19/2022) |
| 05/19/2022 | 25 | DECLARATION of Brian P. Scibetta, Esq. in Support re: 24 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim Pursuant to FRCP 12(b)(1) and 12(b)(6).. Document filed by The Bank of New York Mellon. (Attachments: # 1 Exhibit 1 – Complaint, # 2 Exhibit 2 – Deed of Trust, # 3 Exhibit 3 – Assignments of Mortgage, # 4 Exhibit 4 – Substitute Trustee’s Deed, # 5 Exhibit 5 – Sale Rescission Notice, # 6 Exhibit 6 – Docket from TX action, # 7 Exhibit 7 – Original Petition from TX action, # 8 Exhibit 8 – Final Judgment from TX action, # 9 Exhibit 9 – Amended Final Judgment from TX action, # 10 Exhibit 10 – Appellate Decision from TX action).(Scibetta, Brian) (Entered: 05/19/2022) |
| 05/19/2022 | 26 | MEMORANDUM OF LAW in Support re: 24 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim Pursuant to FRCP 12(b)(1) and 12(b)(6). . Document filed by The Bank of New York Mellon..(Scibetta, Brian) (Entered: 05/19/2022) |
| 05/19/2022 | 27 | NOTICE of to Pro Se Litigant Pursuant to Local Civil Rule 12.1 re: 24 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim Pursuant to FRCP 12(b)(1) and 12(b)(6).. Document filed by The Bank of New York Mellon..(Scibetta, Brian) (Entered: 05/19/2022) |
| 05/19/2022 | 28 | CERTIFICATE OF SERVICE of Motion to Dismiss served on Plaintiff on May 19, 2022. Document filed by The Bank of New York Mellon..(Scibetta, Brian) (Entered: 05/19/2022) |
| 05/23/2022 | 29 | PLAINTIFF’S REQUEST TO TAKE JUDICIAL NOTICE OF RECORDS PURS. TO FRCP 201(BONYM COURT RECORD DOC. 79; NOTICE OF RESCISSION; BONYM COURT RECORD DOC. 84; BONYM COUNSEL’S NAME). Document filed by Harriet Nicholson. (sc) (Entered: 05/23/2022) |
| 05/25/2022 | 30 | AMENDED COMPLAINT, re: amending 1 Complaint against The Bank of New York Mellon.Document filed by Harriet Nicholson. Related document: 1 Complaint.(sc) (Entered: 05/25/2022) |
| 05/26/2022 | 31 | PROPOSED STIPULATION AND ORDER. Document filed by The Bank of New York Mellon. (Attachments: # 1 Exhibit A – Second Amended Complaint).(Scibetta, Brian) (Entered: 05/26/2022) |
| 05/27/2022 | 32 | STIPULATION FOR FILING OF SECOND AMENDED COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff, Harriet Nicholson (“Plaintiff”) and Defendant, The Bank of New York Mellon fka The Bank of New York as Trustee for the Certificateholders of CWMBS, Inc., CWMBS Reforming Loan REMIC Trust Certifies, Series 2005-R2 (“Defendant”), that: 1. Defendant consents to the filing of a Second Amended Complaint by Plaintiff that seeks to correct inadvertent errors in the First Amended Complaint filed on May 25, 2022 (NYSCEF No. 30), in the form attached hereto as Exhibit A. 2. Defendant withdraws, without prejudice, its Motion to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) (NYSCEF Nos. 24-28), on the basis of Plaintiff’s subsequent filing of an amended pleading such that the original Complaint is no longer operative. 3. Defendant shall have 30 days to answer or otherwise respond to the Second Amended Complaint upon Plaintiff’s filing of same. IT IS SO ORDERED. Motions terminated: 24 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim Pursuant to FRCP 12(b)(1) and 12(b)(6) filed by The Bank of New York Mellon. (Signed by Magistrate Judge Katharine H. Parker on 5/27/2022) (vfr) (Entered: 05/27/2022) |
| 05/27/2022 | 33 | LETTER from Harriet Nicholson, dated 5/27/22 re: PLAINTIFF’S REQUEST TO TAKE JUDICIAL NOTICE OF RECORDS PURS. TO FRCP 201(PLAINTIFF’S MOTION TO CORRECT/MODIFY FINAL JUDGEMENT NUNC PRO TUNC 09/16/20 HEARING TRANSCRIPT). Document filed by Harriet Nicholson.(sc) (Entered: 05/27/2022) |
U.S. District Court
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:22-cv-03177-UA
| Nicholson v. The Bank of New York Mellon et al Assigned to: Judge Unassigned Cause: 28:1331 Fed. Question | Date Filed: 04/18/2022 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question |
| Plaintiff | ||
| Harriet Nicholson | represented by | Harriet Nicholson 2951 Santa Sabina Drive Grand Prairie, TX 75052 PRO SE |
| V. | ||
| Defendant | ||
| The Bank of New York Mellon formerly known as The Bank of New York Trustee for the Certificateholders of CWMBS, Inc., CWMBS Reforming Loan Remic Trust Certificates Series 005-R2 | ||
| Date Filed | # | Docket Text |
|---|---|---|
| 04/18/2022 | 1 | COMPLAINT against CWMBS Reforming Loan Remic Trust Certificates Series 005-R2, The Bank of New York Mellon. Document filed by Harriet Nicholson..(rdz) (Entered: 04/19/2022) |
| 04/18/2022 | 2 | CIVIL COVER SHEET..(rdz) (Entered: 04/19/2022) |
| 04/18/2022 | 3 | REQUEST FOR ISSUANCE OF SUMMONS as to Harriet Nicholson, re: 1 Complaint. Document filed by CWMBS Reforming Loan Remic Trust Certificates Series 005-R2, The Bank of New York Mellon..(rdz) (Entered: 04/19/2022) |
| 04/22/2022 | 4 | PLAINTIFF’S REQUEST TO TAKE JUDICIAL NOTICE OF COURT RECORDS PURSUANT TO FRCP 201. Document filed by Harriet Nicholson. (ok) (Entered: 04/22/2022) |
