Thursday, May 8, 2008

Dr. Shereen Bobrowsky, Disabled Victim Of Fraud, Tells How She Became Homeless

I am extremely dismayed with the Westchester DA’s Office. Even with all the stories I have heard, I have tried to keep an open mind. In 2006 ADA Russell Smith told my attorney, in court, “Show that the home is yours, and the Order of Protection should protect you.” Instead, I was removed from my home on a “Deed Allegation” in Yonkers Family Court with no hearing, even though I own my home, and even though they had no jurisdiction. Now, the petition is clearly based upon fraud, and I still sit a homeless homeowner, living from my car, disabled, and conflicted out of all help from Westchester County and the City of Yonkers.

I now have a decision from the New York State Department of State, where previously disbarred Attorney Herbert N. Posner, was now found guilty of Deed Fraud. On April 1, 2008, the decision, following a one-and-a-half-year-long investigation, verified the fraud. Mr. Posner admitted that he had prior knowledge that I was the homeowner since the 1995 deed, and deed agreement. He suborned perjury in my 81- year-old mother, to sign a document he knew to be false, and then signed it over to my brother in 2006. Mr. Posner admitted he had full knowledge that I was the owner, fee simple. With the decision that Mr. Posner filed a deed out of its chain of title, practicing fraud and deceit; my next question is who prosecutes the crime and who will help mend my family and put me back in my home? I am presently a homeless homeowner, kept out of a home for which I pay mortgage and taxes each month with my protected Social Security benefits. My
life’s savings is in my home, that I bought, with all contents, in 1995.

With the New York State Department of State decision in hand, I called the United States Attorney’s Office, who referred me to the FBI. After a lengthy conversation with their Fraud Division, I was told the next logical step was to press charges. I was told the Westchester DA would do this. I hesitated, because I had already entered a complaint against Mr. Posner and his disreputable title agency, on November
20, 2006, that was never investigated, and turned into a closed case. I called the DA on May 1, 2008 to be complete, and follow up on what the U.S. Attorney, and the FBI, said I should do.

On Thursday, May 1, at 9:50am, I called the Westchester DA’s Office, asking for ADA Citarella, who was apparently in charge of the prior complaint I had entered. I explained that although they had Dr. Shereen Bobrowsky, Disabled Victim Of Fraud, Tells How She Became Homeless closed that case, the attorney that I had complained about had recently been found guilty of Title And Deed Fraud, and I had been referred back to the DA’s office by the U.S. Attorney and the FBI.

I was asked my name. After explaining who I was, I told the woman the date of the complaint, the attorney’s name, Herbert N. Posner, and spelled it out. I was told they did not want his name, they wanted my name. I spelled my name for them. I then heard the woman say, “That’s who it is; hang up on the f-----g c--t,” at which point the phone clicked, and they hung up on me. My heart sank. This was the office that was supposed to help me? A hang-up with profanities? A serious question comes to mind, and that is, why was Mr. Posner not prosecuted when his license to practice law was suspended for $500,000 in Mortgage Fraud in 1988, that I found in Grievance Committee
of Matter of Posner, 136 A.D.2d 236, 527 N.Y.S.2d 45.

Mr. Posner said he knows people; and he cannot get in trouble and, “not to f--- with him.” I am very troubled with this call. His private clients consist of persons such as Westchester Commissioner of Adult Protective Services, Diane Atkins, who I also saw. When she saw Mr. Posner’s name on the decision, she refused to open a File of Abuse to protect me as a disabled victim of fraud. I am extremely concerned with
the appearance of improprieties, at the very least. My question now is, “How do I go for help when the Westchester DA refuses to help prosecute a person who had been found guilty of fraud by the State Department of State. With Mr. Posner’s own admission that he knew that I was the owner of my home, fee simple, from the 1995 Deed and Deed Agreement. The Yonkers Police, working shoulder to shoulder with the Westchester DA’s Office, have repeatedly refused to accept any complaints from me, and now, the DA not only refuses to help me, but they have the nerve to hang up on me, spurting profanities, knowing full well that I am holding a guilty verdict, already rendered, against the attorney who committed fraud against me, along with his Title company.

I thank God for the New York State Department of State who did such an excellent investigation, though it took a while. They were neutral, polite, and humane. And I remain truly grateful. I do not understand why the District Attorney is doing this. The DA went out of her way to cover a police complaint that I had filed against Yonkers Police Office Renzi, who has been retaliiating against me, along with Yonkers Corporate Counsel.

The DA is still refusing to allow me back into my own home after the District Attorney’s attorney, Ms. Felix, stated to Federal District Judge Steven C. Robinson, that the DA had no reason not to modify the Temporary Order of Protection. Yet, on April 4, 2008, ADA Lowry, in Yonkers City Court, said, “The DA is opposed to any modification,” contrary to their representation in federal court. The DA also stated that they would call in Adult Protective Services to assess the situation first, which Judge Scatteretico-Naber, required. ADA
Lowry told the judge that Adult Protective was unable to help.

After I met personally with Adult Protective Services Manager, Natalie Siler, and Second Deputy Commissioner Diane Atkins, I was informed that no referral was ever requested by the DA’s office. There was misrepresentation to the Court that denied me my home, thus leaving me a “homeless homeowner.” As a consequence, the Temporary Order of Protection was extended for yet another full year, while I had no witness to question.

I have been forced to prove my home was my home; and I did. Then I received the decision from the New York State Department of State, showing fraud had been perpetrated by Attorney Posner, upon me; and, still I remain homeless with the entities that can, and should, act in my behalf; the Yonkers Police Department, the District Attorney’s Office, refusing to act. I was informed that Mr. Posner has an illegal
mortgage on my home, which is why he is aggressively working so hard, and using all of his connections, to keep me out of my
own home.

Who protects me; a physically disabled person in Westchester County. An attorney followed me for a day, and heard all of the hard facts for himself. I am conflicted out of all help as a homeless homeowner. I should be placed back into my home by the persons and entities who removed me, due to the fraud that has been perpetrated against me.

I am not the lone victim of Attorney Herbert N. Posner. He has hurt many other persons. I have found a few Afro-American victims. The complaints can stem from a simple failure to serve, followed by his deceitful claiming of service, which is a violation of Executive Law 130. If the fraud involved, a deed that he files, as in my case, it is a felony in addition.

My life and life essentials, with my health, are short on time. Mother’s Day is coming, and the DA and her staff will enjoy themselves while I remain deprived of my 81-year-old mother for another year. This is heinous. A failure to investigate is inexcusable. I asked Adult Protective Services whether they would consider investigation, and they refused. APS’s definition of an investigation consisted of asking an elderly
person whether they feared this person or that. That is absurd. To ask what is feared must also be accompanied by an investigation to see if there is an underlying reason for an allegation. However, APS said they do not get involved in that. My family must be put back together by the same Court who took us apart. The solution is easy; a neutral forensic evaluation of my mom and my brother, by an entity outside of Westchester due to the conflicts of interest. I read in The Guardian, where the DA’s Office spoke profanities, and tried to take it with a grain
of salt. However, I am totally disheartened that the Westchester DA’s Office really acts this way. it must not be condoned.

As a practicing physician, I treated many Yonkers police officers and city workers for years before my accident and injury. I never had a single complaint. Where are these people now? Do the few corrupt persons get to destroy the reputation of a Department that I trusted and believed in? I am not alone, and I ask all other victims of attorney Herbert N. Posner and judicial title insurance agency (Judicial Abstract)
to write to me, care of the editor of the Westchester Guardian, as well as all victims of the Westchester District Attorney’s Office who may have faced misconduct similar to that practiced against me.

I am presently engaged in actions in four courts, having taken out three loans for legal expenses. And, having little money for food and essentials, I still will not give up the home that is mine, which represents my life savings. With Posner’s guilty verdict, I should be declared innocent. But, if Posner is not prosecuted, I don’t forsee any relief, which could be given due to the fraud that has been orchestrated by Attorney Posner, who has unduly influenced my 81-year-old mother and my middle-aged brother, who was traumatized by the death of his daughter. Mr. Posner is a predator of all predators. I reach out to the District Attorney to do the right thing, and arrest him, and prosecute him, for his fraudulent acts.