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NYSC Denies Summary Judgment “Chase is either servicing Wells Fargo’s mortgage, or has acquired unrecorded assignment of the mortgage” | PIZZUTO v. SORIANO

NYSC Denies Summary Judgment “Chase is either servicing Wells Fargo’s mortgage, or has acquired unrecorded assignment of the mortgage” | PIZZUTO v. SORIANO


ANTHONY PIZZUTO, Plaintiff,
v.
ALLAN SORIANO; WELLS FARGO BANK, NATIONAL ASSOCIATION; BENEFICIAL HOMEOWNER SERVICE CORPORATION; CHASE HOME FINANCE, L.L.C.; VIRGINIA ADAMS; and RICHARD ADAMS, Defendants.

No. 101892/09, Motion No. 2.

Supreme Court, Richmond County.

May 5, 2011.

Excerpt:

Helena Soriano first encumbered the subject property in the amount of $20,000.00 on August 26, 1999. This first mortgage was made to Beneficial Homeowner Service, Corp. [“Beneficial”]. On April 11, 2007, Helena Soriano obtained a second mortgage of $289,000.00 from Ameripath Mortgage Corporation {“Ameripath”) with the Mortgage Electronic Registration Systems, Inc (“MERS”) acting as the servicer of the mortgage. On August 28, 2008, this mortgage was assigned to Wells Fargo. Chase is either servicing Wells Fargo’s mortgage, or has acquired unrecorded assignment of the mortgage.

[…]

Therefore, summary judgment must not be granted to the non-defaulting defendants.

Accordingly, it is hereby:

ORDERED, that the motion made by Wells Fargo Bank, National Association and Chase Home Finance L.L.C. in their order to show cause that seeks to vacate the default judgment granted in favor of the plaintiff, Anthony Pizzuto, is denied; and it is further

ORDERED, that the motion made by Wells Fargo Bank, National Association and Chase Home Finance L.L.C. in their order to show cause that seeks to vacate the settlement order granted to Anthony Pizzuto on July 13, 2010 is denied; and it is further

ORDERED, that the motion made by Wells Fargo Bank, National Association and Chase Home Finance L.L.C. in their order to show cause that seeks to reargue the default judgment granted in favor of the plaintiff, Anthony Pizzuto, is denied; and it is further

ORDERED, that the motion made by Wells Fargo Bank, National Association and Chase Home Finance L.L.C. in their order to show cause that seeks to defer the referral specified in the settlement order granted to Anthony Pizzuto on July 13, 2010 is denied; and it is further

ORDERED, that the motion made by Wells Fargo Bank, National Association and Chase Home Finance L.L.C. in their order to show cause that seeks to dismiss the complaint by Anthony Pizzuto is denied; and it is further

ORDERED, that the motion made by Wells Fargo Bank, National Association and Chase Home Finance L.L.C. in their order to show cause seeking summary judgment against Anthony Pizzuto is denied; and it is further

ORDERED, that the reference to the previously appointed Referee proceed as directed in the settlement order of July 13, 2010.

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