Attorney Ellis Michael Oster's Legal Cases

Appeals

JPMorgan Chase Bank, N.A. v Weinberger

Aug 24, 2016

OUTCOME: Appellate court affirms trial court, finds summary judgment properly granted in favor of foreclosing plaintiff on the issue of standing.

Bank established that it had standing to prosecute foreclosure action because bank was in physical possession of note, which was indorsed in blank and attached to complaint, at time action was commence ... d, UCC 3-204(2); bank was established to summary judgment because bank submitted mortgage, note, and affidavit, attesting to homeowner's default.

Appeals

Deutsche Bank Natl. Trust Co. v Beckman

Jun 16, 2016

OUTCOME: Appellate court affirms trial court, finds borrower's motion properly denied.

Appellate court found that borrower failed to present any basis to vacate default judgment entered in foreclosure action.

Appeals

Pirrelli v OCWEN Loan Servicing, LLC

Jun 03, 2015

OUTCOME: Appellate court reverses trial court and grants dismissal motion in favor of law firm

The court reversed that part of an order denying a motion to dismiss a cause of action for damages for negligent or intentional infliction of emotional distress, as the relationship between plaintiffs ... and defendants did not give rise to a duty that furnished a basis for tort liability in negligence.

Appeals

Bank of Am., N.A. v Valentino

Apr 15, 2015

OUTCOME: Appellate court affirms trial court, finding that plaintiff properly served defendant

2d Dept. affirms trial court's denial of borrower's motion to dismiss for lack of personal jurisdiction, finding that the defendant was successfully re-served with the summons and complaint within 120 ... days of the commencement of the action, in accordance with CPLR 306-b.

Appeals

Deutsche Bank Natl. Trust Co. v Quinones

Feb 13, 2014

OUTCOME: Appellate court reverses trial court, reinstates foreclosure judgment and sale

2d Dept. reverses trial court's granting of borrower's Order to Show Cause which vacated foreclosure judgment and sale and dismissed action for lack of personal jurisdiction. Appellate court found tha ... t plaintiff successfully rebutted borrower's challenges to service of process and reversed the trial court outright without the need for a traverse hearing. The foreclosure judgment and sale were reinstated.

Appeals

PHH Mortgage Corp. v. Davis

Nov 21, 2013

OUTCOME: Appellate court reverses trial court, summary judgment granted

3d Dept. reverses trial court's denial of foreclosing plaintiff's summary judgment motion, finding that the defendants had failed to demonstrate a triable issue of fact in order to defeat plaintiff's c ... ause of action for foreclosure as plaintiff had demonstrated its prima facie entitlement to judgment, as a matter of law.

Foreclosure

JP Morgan Chase Bank, N.A. v. Todd

Nov 18, 2013

OUTCOME: Plaintiff's motion for judgment granted, Defendants' cross-motion denied

The foreclosing plaintiff brought a motion for a default judgment and order of reference. Defendants cross-moved, alleging lack of personal jurisdiction and claiming that one of the Defendants did not ... reside at the property where she was served. Court found that Defendants allegations were "conclusory" and "veracity is suspect", as the Court took judicial notice that one of the Defendants brought an action against their former babysitter wherein the Defendant claimed that she did, in fact, live at the property where she was served with the foreclosure complaint. Court further found that Plaintiff demonstrated its prima facie right to judgment.

Foreclosure

EverBank v. Porter

Sep 26, 2013

OUTCOME: Summary judgment granted

The Court found that our client established its prima facie right to judgment on its foreclosure claim based on the documents it submitted, and that the mortgagor failed to submit evidentiary proof in ... admissible form sufficient to require a trial of her defenses.

Foreclosure

Deutsche Bank Natl. Trust Co. v. Felicioni

Sep 03, 2013

OUTCOME: Summary judgment granted

The Court found that our client established its prima facie right to judgment on its foreclosure claim based on the documents it submitted, and that the mortgagors failed to submit evidentiary proof in ... admissible form sufficient to require a trial of their defenses.

Foreclosure

JPMorgan Chase Bank, N.A. v. Zaga

Aug 26, 2013

OUTCOME: Summary judgment granted on $4.4M mortgage foreclosure claim

The Court found that our client established its prima facie right to judgment on its foreclosure claim involving a $4.4M mortgage based on the documents it submitted, and that the mortgagor failed to s ... ubmit evidentiary proof in admissible form sufficient to require a trial of his defenses.

Ellis Michael Oster's Legal Cases (32)

JPMorgan Chase Bank, N.A. v Weinberger

Deutsche Bank Natl. Trust Co. v Beckman

Pirrelli v OCWEN Loan Servicing, LLC

Bank of Am., N.A. v Valentino

Deutsche Bank Natl. Trust Co. v Quinones

PHH Mortgage Corp. v. Davis

JP Morgan Chase Bank, N.A. v. Todd

EverBank v. Porter

Deutsche Bank Natl. Trust Co. v. Felicioni

JPMorgan Chase Bank, N.A. v. Zaga