(In)validity and (in)admissibility of out-of-state documents and affidavits: the CPLR 3212/2309(c) - RPL 299-a ‘Bermuda triangle’

Categorized | STOP FORECLOSURE FRAUD

(In)validity and (in)admissibility of out-of-state documents and affidavits: the CPLR 3212/2309(c) – RPL 299-a ‘Bermuda triangle’

(In)validity and (in)admissibility of out-of-state documents and affidavits: the CPLR 3212/2309(c) – RPL 299-a ‘Bermuda triangle’

Isn’t this about 95% of all foreclosure cases? Hmm the other 5% in case a foreclosure mill has to make one ASAP in-house!


Listen up folks, this could be the start of a new storm!

Reuters-

You represent the plaintiff-assignee on motion for summary judgment  under Civil Practice Law and Rule 3212 in a commercial mortgage foreclosure action. Your “affirmation of regularity” is supported by a complaint verified in New Jersey.  The assignment was effected and acknowledged, in Pennsylvania, under a power of attorney notarized in California.  All documents – the power of attorney, the assignment of mortgage and the verification – were properly executed in the jurisdictions where they were signed. 

So “all of your [predicate legal] ducks are lined up.”  No heavy lifting here. File the motion and “judgment day” is near. (Sorry for the mixed metaphors.)  But wait a minute!!  None of the documents signed outside the state contain the so-called “certificate of conformity” required by CPLR 2309(c) and Real Property Law § 299-a.  Was the assignment of the mortgage effective? And is your evidence in admissible form? 

[REUTERS]

© 2010-14 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.






Comments

comments

Related posts:

  1. MAINE SJC “Untrustworthy Affidavits, MERS” | HSBC MORTGAGE SERVICES v. MURPHY et al. MAINE SUPREME JUDICIAL COURT HSBC MORTGAGE SERVICES, INC. v. DANA...
  2. Analysis: Foreclosure “mess” unfolds state by state By Dan Levine SAN FRANCISCO | Thu Sep 30, 2010...
  3. FANNIE MAE: Servicer Review of Procedures Relating to the Execution of Affidavits, Verifications, and Other Legal Documents Hope this comes out as I am not using a...
  4. WISCONSIN ‘Flawed Affidavits, SJ Reversed” BANK OF NEW YORK (BONY) v. CANO BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATE-HOLDERS CWABS,...
  5. Bank Fails to Rebut Satisfaction’s Validity Created By Notary’s Acknowledgment; FORECLOSURE DENIED! -Wells Fargo Bank NA v. Moise Via: FRAUD DIGEST ROBO-SIGNER The trial court opinion was published...

This post was written by:

- who has written 7128 posts on FORECLOSURE FRAUD | by DinSFLA.

CONTROL FRAUD | ‘If you don’t look; you don’t find, Wherever you look; you will find’ -William Black

Contact the author

One Response to “(In)validity and (in)admissibility of out-of-state documents and affidavits: the CPLR 3212/2309(c) – RPL 299-a ‘Bermuda triangle’”

Trackbacks/Pingbacks

  1. [...] title clearing, Notary, NTC, out-of-state, Real Property Law § 299-a, Rule 3212 Important: This post earlier goes hand in hand with this Abigail’s story, must read both if you haven’t yet: [...]


Leave a Reply

GARY DUBIN LAW OFFICES FORECLOSURE DEFENSE HAWAII and CALIFORNIA
Chip Parker, www.jaxlawcenter.com
Damian Figueroa, South Florida Realtor, Real Estate Agent
Susan Chana Lask, www.appellate-brief.com
Jamie Ranney, www.NantucketLaw.pro

Advertise with Us!

LATEST TOP FORECLOSURE FRAUD CASES OPINIONS
Advertise your business on StopForeclosureFraud.com

Archives