phelan ex parte letter to judge todd

8/6/2019 Phelan Ex Parte Letter to Judge Todd

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EXHIBIT Dl



Case 1 :09-cv-01 71 0-JHR-JS

SIJPERIOR COI}RT OF NEW JEIISEYCOUNTIES OF

ATLANTIC AND CAPE MAY

Filed 09/0812009 Paqe 2 of 4

lr0 l Bacharaclr Boulevard

Atlantic Ciry, NJ 084014527(609) 345-6700

WILLIAM C. TODD, tIIPresiding Jttdge

Chnncery, / 6eneral Equity Dh,ition

May 8,2009

Abigail B. Sullivan, Esquire

South Jersey Legal Services, Inc.

l415 Route 70 East

Suite 300

Cherry Flill, NJ 08034

Dashika R. Wellinglon, Esquire

Wilentz, Goldman & Spitzer, P.A.

Two Penn Center Piaza, Suite 910

Philadelphia, PA 19102

RE: BANK OF N-EW YORI( ET ALvs. VICTOR O. IIKPE, ET ALSDOCI(ET NO: F-10209-08

Dear Counsel:

I understand this matter has been removed to Federal Court but that the Ukpe defendants

have or may be filing a Motion to have the rnatter rehrmed here. I have recently received an

Aprii 29,2009 letter from Mr. Phelan which deals with the notarization issue. Apparently that

letter was not copied to anyone involved in this litigation. I thought it appropriate that you receive

a copy.

Very truly yours,

WCT:rbEnc.

Lawrence T. Fhelan, Esquire



1 :09-cv-01710-JHR-JSi-' , i :

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Document 31-38 Filed 09/0812A09 Paoe 4 af 4

RtTrcssnrin!. Lcrrders in

Pcnns-vlwnia iurrl N*v Jrrsey

Honorable William C. Todd" trIPage 2

April30,2009

re-notarized and submitted for recording. Each newly executed and notarized assignment

contains an annotation that the assignment is being re-recorded pwsuant to court inqui:ry

regarding notarization of the prior assigument.

The substantial costs associated with identiffing the assignments kr question, redrafting, re-executing, re-notarizing and recording the oew assignments, has been bora entirely by Pheian

Hallinan & Schmieg. The recordiag fee alone is $50 per assignment. Thus far, the firm has spent

in excess of $175,000 to ensure that no party will again be in a position to question the integrityof our process. While we respectfirlly disagree wittr Your Honoros assessment that these

Assignments presented a potential systemic problem, we have taken this action and incurred thiseffort and cost to dispel any concertr or issue pertaining to the manner in which any Assignmeotwas notarized.

On a personal note, it is particularly distressi:rg to me to have the integrity of any of our firms'processes at issue. We are in a sensitive area of the law in which professionalism and

compassion arE essential and our record in both areas bas always beeq and continues to be,

exceptional. Our attorneys are dedicated professionals who carefully review everything that is

filed with the court. (And they return their phone calls!). We've earned bo& the Fannie Mae and

Freddie Mac designation in New Jersey and been regularly recognized thro''ghout the mortgage

banking industy for the quality of our representation. Our goal is to cure the deiinquency, notsell the house" In addition to oru experienced attorneys and paralegal staff, we have a dedicated

deparhrent of 14 workout specialists who work with delinquent mortgago$ every day to findalternatives to the foreclosure. In fact, until the recent recession, we were able to resolve almost

80% of the foreclosures referred to our firm. It is an effort of which we are justifiably proud.

It was brougbt to our attention that other Chancery Judges have been advised of the notary issue

pertaining to Mortgage Assignments associated with our office. Again, while we mayrespecfrrlly disagree with the assessment that the Assignments were flawed, we oevertheless

took your Honor's commentary very seriously and undertook appropriate action, I wouldrespecffrlly request that notification of our conective actions be circulated to the same Chancery

Judges.

Respectfrrlly,

phelan ex parte letter to judge todd

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