Consumer Law / Foreclosure Defense

Deutsche Bank v. Abbate, in a case cited through the country, the Court held that the bank’s lack of standing could not be waived.  Since the bank filed the action to foreclose the mortgage before it had title to it, there was no controversy between the existing parties when the action commenced.  Therefore, the court granted our motion to dismiss the plaintiff’s complaint.

Wells Fargo Bank, N.A. v McNee, the Court granted our motion to dismiss the plaintiff’s complaint for lack of standing.

EMC Mortgage Corporation v. F.C., The Court vacated a foreclosure sale and dismissed the entire complaint after the sale had already occurred.

Citibank, N.A., v. JF, Foster & Garbus on behalf of Citibank sought to enforce a note against our clients in the amount of $ $111,790.44 Dollars.  Faced with our motion to dismiss the lawsuit, Foster & Garbus voluntarily discontinued the action against the Defendants.  This was the FIFTH time, we have successfully defended a homeowner in an action brought by Foster & Garbus on behalf of Citimortgage or Citibank seeking to collect on the note from a second mortgage.

 Wells Fargo Bank, N.A. v G.E., the Court granted our motion to dismiss the plaintiff’s complaint for failure to satisfy a condition precedent in the mortgage.

Household Finance Realty Corporation of New Yorkv. J.O., we used the civil procedure law to force the bank’s hand.  After a two year litigation, the bank finally gave up and discontinued the action.

 In American Express v. A.W, our client was sued by for credit card debt.  After aggressively litigating for 3 years, American Express finally gave up and discontinued the action.

Deutsche Bank v. O.O., after his property was SOLD at auction, O.O. came to us for help.    After aggressively litigating, the bank  executed a Stipulation Discontinuing Action and Vacating Foreclosure Sale and Referee’s Deed.

ONEWEST FSB v. J.G.,  Plaintiff/Bank moved for Summary Judgment against our client. We cross-moved to dismiss based on the Bank’s lack of standing.  The Court did not credit the Plaintiff’s claim that OneWest purchased all of the assets of IndyMac.  Applying Bank of New York v. Silverberg, the Court determined that the assignment made by MERS as a nominee was a nullity. Therefore, the Bank did not have standing to sue the homeowner.   The Court granted our motion and dismissed the foreclosure complaint.

Bank of America v. J.S., In a pro bono case handled through the New York Guard, we successfully defended a foreclosure against an active duty soldier.  She received a loan modification of 2% for 5 years and then 4% for the life of the loan – down from her original rate of 9.75%. Her payments dropped almost $600 a month and the bank gave her a principal reduction of over $10,000.

Wells Fargo v. S.T., Applying Bank of New York v. Silverberg, the Court determined that the assignment made by MERS as a nominee was a nullity. Therefore, the Bank did not have standing to sue the homeowner.   The Court granted our motion and dismissed the foreclosure complaint.

MERS v. Colmer, The Court dismissed the foreclosure complaint and determined MERS did not have standing to sue the homeowner.  .

Bank of New York v. J.B., Bank failed to establish that MERS was the lawful holder or assignee of the Note with regard to the first alleged assignment. Therefore, plaintiff was without standing to commence the action.

 

Bank of New York v. L.A. Bank of New York was told that they must comply with the court’s OCA Affirmation requirement.  They repeatedly failed to do so and the court dismissed the complaint.