Attorney Ellis Michael Oster's Legal Cases

Foreclosure

Deutsche Bank Natl. Trust Co. v. Homan

Apr 26, 2013

OUTCOME: Summary judgment granted

Trial court finds that foreclosing plaintiff established its prima facie case for its case by producing the mortgage, note, and evidence of payment default, and proved its standing to bring the action ... by producing written assignments executed prior to the commencement of the action as well as demonstrating possession of the note, indorsed in blank by the original lender. As the borrower “failed to demonstrate, through the production of competent and admissible evidence, a viable defense which could raise a triable issue of fact”, the judge awarded summary judgment in favor of our client.

Appeals

U.S. Bank Natl. Assn. v. Denaro

Sep 12, 2012

OUTCOME: Lower court's order granting plaintiff's summary judgment motion and denying borrowers' motion to dismiss affirmed

Second Department affirms trial court's decision, finding that the borrowers waived any defense based on plaintiff's standing to commence the action, and that the plaintiff established its prima facie ... entitlement to judgment as a matter of law.

Appeals

HSBC Bank USA, N.A. v. Posy

Sep 12, 2012

OUTCOME: Lower court's order denying borrower's motion to vacate judgment affirmed

Second Department affirms trial court's decision, which denied borrower's motion to vacate default judgment, finding that the defendant's motion was one for reargument and no appeal lies from an order ... denying a reargument motion.

Appeals

Wells Fargo Bank N.A. v. Hornes

Apr 03, 2012

OUTCOME: Lower court's order denying borrower's motion to vacate judgment affirmed

Second Department affirms trial court's decision that borrower's bankruptcy discharge, obtained after the default foreclosure judgment was entered, judicially estopped him from raising lack of personal ... jurisdiction in foreclosure action, and that borrower failed to establish that mortgagee procured the judgment of foreclosure and sale by fraud, misrepresentation, or other misconduct.

Foreclosure

HSBC Bank USA, N.A. v. Abass

Mar 20, 2012

OUTCOME: Defendant's motion to renew prior motion seeking to vacate foreclosure judgment denied

The Court held that 2d Department's recent decision in 'Silverberg' concerning MERS assignments does not represent change in decisional law to warrant renewal of the borrower's prior motion to vacate f ... oreclosure judgment.

Appeals

JPMorgan Chase Bank, N.A. v. Edelson

Dec 27, 2011

OUTCOME: Lower court's order denying third party's motion to intervene affirmed

Order by the lower court, which denied as untimely the motion by the third party / new property owner to intervene in foreclosure action, affirmed by the Second Department.

Foreclosure

HSBC Bank USA, N.A. v. Abass

Jun 29, 2011

OUTCOME: Defendant's motion to vacate judgment denied

The Court held that the defendant failed to demonstrate a justifiable excuse for his default in pleading in order to vacate the default judgment based upon his allegations of fraud, and further held th ... at the issue of a foreclosing plaintiff's standing is waived if not raised in a timely pre-answer motion to dismiss or answer.

Appeals

Bank of Am., N.A. v. Tornheim

Mar 29, 2011

OUTCOME: Lower court's order denying defendant's dismissal motion affirmed

Second Department affirmed the lower court's order, which denied the borrower's dismissal motion wherein the borrower claimed there was a federal moratorium on foreclosures. The appellate court held t ... hat "sense of the Congress" language contained in the federal Helping Families Act of 2009 did not create a national moratorium on foreclosures.

Foreclosure

HSBC Mtge. Corp. (USA) v. Sapir

Dec 21, 2010

OUTCOME: Motion to Reargue Granted

Motion brought by non-party JPMorgan Chase Bank, NA seeking leave to reargue its prior motion to intervene in foreclosure action granted, after Court found that matters of fact and law were overlooked ... or misapprehended in its prior determination. Court permitted Chase to intervene in this action as it had a real and substantial interest in this case, given Chase's claims that the proceeds from its mortgage had satisfied the foreclosing plaintiff's mortgage.

Foreclosure

JPMorgan Chase Bank, N.A. v. Edelson

Sep 22, 2010

OUTCOME: Motion to intervene denied

Third party's motion to intervene denied, as its ownership interests to the real property were created after the notice of pendency was filed and the party waited more than a year to bring the motion.

Ellis Michael Oster's Legal Cases (32)

Deutsche Bank Natl. Trust Co. v. Homan

U.S. Bank Natl. Assn. v. Denaro

HSBC Bank USA, N.A. v. Posy

Wells Fargo Bank N.A. v. Hornes

HSBC Bank USA, N.A. v. Abass

JPMorgan Chase Bank, N.A. v. Edelson

HSBC Bank USA, N.A. v. Abass

Bank of Am., N.A. v. Tornheim

HSBC Mtge. Corp. (USA) v. Sapir

JPMorgan Chase Bank, N.A. v. Edelson