THE BANK OF NEW YORK
MELLON-fka THE BANK OF
NEW YORK TRUSTEE UNDER
THE POOLING AND SERVICING
AGREEMENT SERIES 2004-24 CB,
v
GEORGE S. ELGHOSSAIN and
MONA C. ELGHOSSAIN,
Excerpt:
In today’s widespread foreclosure litigation, the specific fact pattern this court addresses appears not to have been squarely decided before: does a mortgage lender’s “servicer’s” Notice of Intent to Foreclose satisfy the statutory mandates that notice be provided by the lender and that the lender as well as the lender’s representative be identified in that notice. The lender and the lender’s representation must be identified in the notice. Having not done so here, the motion is deficient. The foreclosure complaint is dismissed without prejudice.
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