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[NYSC] STEVEN J BAUM PC UNABLE TO LOCATE WELLS FARGO AUTHORITY TO EXECUTE TRANSFER OF ANY LOAN DOCUMENTS

[NYSC] STEVEN J BAUM PC UNABLE TO LOCATE WELLS FARGO AUTHORITY TO EXECUTE TRANSFER OF ANY LOAN DOCUMENTS


SUPREME COURT – STATE OF NEW YORK
I.A.S. PART XXXVI SUFFOLK COUNTY

Plaintiff, PLAINTIFF’S ATTORNEY:
STEVEN J. BAUM, P.C.

220 Northpointe Parkway, Suite G
Amherst, New York 14228

WELLS FARGO BANK, N.A.,

-against-

SUNNY ENG, SHIRLEY ENG, HTFC
CORPORATION
, JANE ENG,

DEFENDANTS’ ATTORNEY:
LAW OFFICES OF CRAIG D. ROBINS
Woodbury, New York 11797
Defendants. 180 Froehlich Farm Blvd.
……………………………………………………….. X

Excerpts:

The Court notes that the same law firm, Steven J. Baum, P.C., represented both HTFC and Wells Fargo as plaintiffs.

Moreover, Mr. Wider avers that “Jeffrey Stephan,” who purportedly executed the assignment as “Limited Signing Officer” of HTFC Corporation, has never been an employee of HTFC and that such person was never authorized to act as a “Limited Signing Officer” on behalf of HTFC for any purpose.

Wells Fargo does not have standing to maintain and prosecute this action to foreclose defendants’ mortgage. Plaintiffs have failed to come forward with any evidence to substantiate its claims herein or to raise a triable issue of fact. Indeed, the affirmation of plaintiffs attorney, sworn to September 8, 2010, reflects that plaintiff has been unable to locate any documents substantiating plaintiffs “belief’ that “its servicer had the authority to execute any and all documents attendant to the transfer of the loan.”

Continue below to see both the Decision, Assignment in question…

ENG COM

[ipaper docId=44232303 access_key=key-faynnigo46v0go85gbf height=600 width=600 /]

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