EMC Mtge. Corp. v Carlo | NYSC Vacates Foreclosure Sale, Plaintiff has not demonstrated ownership of the mortgage and note prior to foreclosure

Categorized | STOP FORECLOSURE FRAUD

EMC Mtge. Corp. v Carlo | NYSC Vacates Foreclosure Sale, Plaintiff has not demonstrated ownership of the mortgage and note prior to commence foreclosure action

EMC Mtge. Corp. v Carlo | NYSC Vacates Foreclosure Sale, Plaintiff has not demonstrated ownership of the mortgage and note prior to commence foreclosure action

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND

EMC MORTGAGE CORPORATION,
Plaintiff

against

FRED J. CARLO,
BOARD OF DIRECTORS OF
DEBMOR ESTATES HOMEOWNERS ASSOCIATION, INC.,
BOARD OF MANAGERS OF DEBMOR ESTATES CONDOMINIUM III,
NEW YORK CITY ENVIRONMENTAL CONTROL BOARD,
NEW YORK CITY TRANSIT ADJUDICATION BUREAU,
PEOPLE OF THE STATE OF NEW YORK, and
MRS. CARLO

Excerpt:
Conclusion

It is the finding of this court that the New York Supreme Court has jurisdiction to
adjudicate mortgage foreclosure matters. That is not the issue. Here, the plaintiff failed to have
ownership of the mortgage and note at the time it filed and served its summons and complaint
with the Richmond County Clerk. Therefore, the plaintiff lacked standing to commence this
action at the time.

Here, the default judgment of foreclosure and sale was taken while the defendant was
unrepresented by counsel. Consequently, he had no legal understanding of making an earlier
technical motion to challenge the standing of the plaintiff. Since the notice of the sale is
defective, the sale must set aside. Moreover due to the failure of the plaintiff to have ownership
of the note and mortgage at the time it commenced this action, it lacked the capacity and standing
to bring this action and to file a notice of pendency. Therefore, this action must be dismissed,
without prejudice.

[ipaper docId=76195227 access_key=key-1w65ml9txi5dz1f9a5ih height=600 width=600 /]

 

© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Comments

comments

This post was written by:

- who has written 8690 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

Leave a Reply

GARY DUBIN LAW OFFICES FORECLOSURE DEFENSE HAWAII and CALIFORNIA
Advertise your business on StopForeclosureFraud.com

Archives