Alleges: â€œJunk Justiceâ€ In Queens Mortgage Fraud Case
Records reviewed by The Black Star News show that Centex, the previous plaintiff of record, had actually originated a mortgage against the property in question on May 23, 2000 in a fraudulent closing during which a forged power of attorney purporting to be the property ownerâ€™s, was used.
[Black Star News Investigation]
Part Two Of A Series
On June 23, 2009 Justice Bernice D. Siegal, of State Supreme Court in Queens County stayed any additional proceedings with respect to foreclosure sale of a Queens property, where the owner, Sun-Ming Sheu, has accused a judge presiding over the case, Justice Joseph Golia, of bias in favor of the plaintiff.
(Please see: http://www.blackstarnews.com/news/135/ARTICLE/5904/2009-07-29.html for background on the story).
The return date of the stay by Judge Siegal was July 8, 2009.
In a telephone interview today, Mitchell Kaufman, Judge Golia’s law secretary said the judge had lifted the stay on July 8, on the first date of two hearings on the case, whose original caption was Centex Home Equity vs. Amy Cheng—there was a second hearing on July 15, whose purpose now makes no sense.
Old Republic National Title Insurance Company (the company substituted for Centex as plaintiff in 2008) has won a summary judgment to foreclose and sell the property.
Judge Golia issued the most recent judgment of foreclosure sale on April 7, 2009 and the foreclosure sale occurred on May 15, 2009.
Records reviewed by The Black Star News show that Centex, the previous plaintiff of record, had actually originated a mortgage against the property in question on May 23, 2000 in a fraudulent closing during which a forged power of attorney purporting to be the property owner’s, was used.
Sheu claims that he was not informed that Judge Golia had lifted the stay signed by Justice Siegal. “This is an example of the same corruption I have suffered in this court for nine year now,” Sheu says. “They did not inform me that the stay was lifted so I could not file another stay. I will file another one immediately. I hope the case can be removed from this judge.”
State Supreme Court records, as well as on the Court’s own website show no records indicating that Judge Golia had indeed vacated the June 23 stay.
In the telephone interview today, Kaufman reiterated that the June 23 stay by Judge Siegal, had been vacated by Judge Golia “on the first return date” of July 8, 2009.
Asked why there was no documentation of Judge Golia having vacated the June 23 stay, Kaufman said: “I don’t know. The judge didn’t write a decision to that effect. The judge issued an order. When a judge states something it’s an order. I don’t think it was ever reduced to writing. I would not be surprised if it’s actually on the document,” he said, adding, “If you go into the court file and get an order of the stay, the judge may have stricken the stay and signed the striking of the stay on that date or he may have just done it orally.”
Asked whether transcripts from the hearing would document the judge having lifted the stay, Kaufman said, “No, not unless there was a reporter to record it.”
When told that Sheu, who was present at the July hearing has no record of Judge Golia ever having lifted the stay, Kaufman said: “Well I know Sheu was present. I can’t speak to his ability to recall. He may have forgotten; he may not have paid attention.”
He added: “I honestly don’t know. I did speak to the judge and the judge said he lifted it; he lifted the stay on the return date if the order to show cause.”
As previously reported in The Black Star News, at the July 8, 2009 hearing, Judge Golia had set another hearing date for July 15, 2009, at which time Sheu was to produce cancelled checks for all payments he had made over the last nine years on the property, for taxes; insurance payments; and, utilities.
This reporter attended the July 15, 2009, hearing which was essentially a shouting match between Judge Golia and Sheu.
Sheu added: "Judge Golia never vacated the stay on July 8. Why would he have held a hearing on July 15?"
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