US Bank v. Szoffer, 2017 Supreme Court, Rockland County
Dec 04, 2017
OUTCOME: Elimination of mortgage in its entirety, removal of mortgage lien from the home and award of attorney fees.
Mr. Kolber not only obtained dismissal of a foreclosure action based on statute of limitations, but was able to extinguish the mortgage in its entirety, remove mortgage lien from the home and was award...ed attorney fees. The Court further denied US Bank's demand for reimbursement of $90,000 in real estate taxes paid by the bank.
Foreclosure
U.S. Bank v. Friedman, 2014 WL 1293597, 2014 NY MISC Lexis 1396
Mar 21, 2014
OUTCOME: Case dismissed against foreclosing bank after trial for lack of standing.
Law Offices of Allen A. Kolber, Esq. Wins Trial Dismissing $1 Million Mortgage Foreclosure Action.
On March 21, 2014, after a trial where U.S. Bank failed to prove it actually owned the $1 million m...ortgage it was attempting to foreclose upon, Justice Gerald E. Loehr of the Supreme Court, Rockland County, dismissed U.S. Bank’s foreclosure lawsuit.
Justice Loehr held that, where the defendant homeowner has put standing at issue, the plaintiff bank must prove that they had been assigned the mortgage and note prior to the commencement of the foreclosure action. A valid assignment can only be effectuated by a written assignment of the mortgage and note executed by one with authority, or by endorsement and delivery of the original note to the plaintiff bank before commencement of the foreclosure action.
In order to assert standing by virtue of a note delivered under an undated endorsement, the evidence in support of the delivery must demonstrate that the note was physically delivered to the plaintiff bank prior to the commencement of the action, and must include factual details of the physical delivery and a copy of the records relied upon by the plaintiff bank.
