June 11, 2014

NY Court Rejects Lack-of-Standing Claim

By Ebube Okoli

The court in deciding HSBC Bank USA v Sage, 112 A.D.3d 1126 (N.Y. App. Div. 3d Dep’t 2013) affirmed the lower court’s decision dismissing the defendant’s lack of standing claim. HSBC Bank USA commenced this foreclosure action alleging that defendant … Continue reading

May 24, 2014

New York Court Denies Defendant’s Cross-Move to Dismiss Plaintiff’s Complaint Pursuant to CPLR 3211(a)(3)

By Ebube Okoli

The court in deciding Waterfall Victoria Master Fund, Ltd. v Hayle, 2013 N.Y. Misc. (N.Y. Sup. Ct. Dec. 11, 2013) denied the defendants’ cross-motion to dismiss the complaint based upon the plaintiff’s lack of standing is denied. The court granted … Continue reading

May 23, 2014

Supreme Court of New York (Kings County) Denies Summary Judgment Motion on Plaintiff’s Standing To Foreclose

By Ebube Okoli

The court in deciding U.S. Bank Natl. Assn. v Steinberg, 42 Misc. 3d 1201(A) (N.Y. Sup. Ct. 2013) denied the plaintiff’s motion for summary judgment in its entirety. The Morgan Stanley Mortgage Trust commenced this foreclosure action against the Steinbergs. … Continue reading

May 20, 2014

S.D.N.Y. Denies Mortgagor Under 11 U.S.C.S. § 1109(b)

By Ebube Okoli

The court in deciding In re Residential Capital, LLC, 2013 Bankr. 5316 (Bankr. S.D.N.Y., 2013) denied the mortgagor’s motion for an order declaring that the debtors’ bankruptcy estate owned title to the note, to void a state court title transfer, … Continue reading

May 9, 2014

Settling NY Foreclosures

By David Reiss

Three legal services providers issued Stalled Settlement Conferences: A Report on Residential Foreclosure Settlement Conferences in New York City. The report opens, New York has coped with the foreclosure crisis by implementing a pioneering settlement conference process administered by the … Continue reading

May 2, 2014

Defaulting Mortgagor Lacked Standing Under 11 U.S.C.S. § 1109(b)

By Ebube Okoli

The court in deciding In re Residential Capital, LLC, 2013 Bankr. (Bankr. S.D.N.Y., 2013) held that the plaintiff Scott was not a party in interest and therefore lacked standing to assert a violation of the automatic stay. The court thus … Continue reading

January 18, 2014

New York Court Finds Chase Had the Right to Enforce the Loan

By Ebube Okoli

The court in deciding Beka Realty LLC v JP Morgan Chase Bank, N.A., 41 Misc. 3d 1213(A) (N.Y. Sup. Ct. 2013) ultimately granted Chase’s motion for an order dismissing plaintiff’s claims. Beka Realty LLC (plaintiff) brought an action against defendant … Continue reading

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January 18, 2014 in New York | Permalink | No Comments