May 24, 2014
New York Court Denies Defendant’s Cross-Move to Dismiss Plaintiff’s Complaint Pursuant to CPLR 3211(a)(3)
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 24, 2014 in New York | Permalink | No Comments
May 23, 2014
Supreme Court of New York (Kings County) Denies Summary Judgment Motion on Plaintiff’s Standing To Foreclose
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 23, 2014 in New York | Permalink | No Comments
May 20, 2014
S.D.N.Y. Denies Mortgagor Under 11 U.S.C.S. § 1109(b)
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 20, 2014 in New York | Permalink | No Comments
May 9, 2014
Settling NY Foreclosures
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 9, 2014 in New York | Permalink | No Comments
May 2, 2014
Defaulting Mortgagor Lacked Standing Under 11 U.S.C.S. § 1109(b)
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
May 2, 2014 in New York | Permalink | No Comments
January 18, 2014
New York Court Finds Chase Had the Right to Enforce the Loan
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
January 18, 2014 in New York | Permalink | No Comments
January 13, 2014
New York Appellate Court Holds that Plaintiff Bank Did not Have Standing as Mortgage Holder
The New York State Appellate Division, Second Department in Midland Mortg. Co. v. Imtiaz, 110 A.D.3d 773 (2d Dept. 2013), held that the Plaintiff did not have standing to initiate the action because it failed to establish its status as … Continue reading
January 13, 2014 in New York | Permalink | No Comments
