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Successful Discharges of Mortgages or Dismissals of Foreclosure Actions
1. Wells Fargo v. Martinez
- Case: 381643/2009 (First Department Appeal) and Bronx Supreme Court Index 36246/2020E
- Outcome: Successful appeal overturning the lower court’s denial of motion to dismiss the action as abandoned. After refiling in Supreme Court, the action was dismissed as time-barred under the Foreclosure Abuse Prevention Act.
- Result: Mortgage discharged.
2. PNC Bank v. Paramhance
- Case: Nassau Index 709134/2022
- Outcome: Foreclosure case dismissed due to defective service.
- Result: Mortgage discharged.
3. Wilmington v. Fife
- Case: 212 A.D.3d 550 (1st Dept. 2023)
- Outcome: Reversal of lower court’s grant of renewal of defendant’s successful motion to dismiss; motion to renew was untimely.
- Result: Foreclosure action barred by statute of limitations. Mortgage discharged.
4. U.S. Bank Nat. Assn. v. Martin
- Case: 144 A.D.3d 891, 892–93 (2d Dept. 2016)
- Outcome: Successful appeal reversing the lower court’s grant of summary judgment in a foreclosure action.
- Result: Action barred by statute of limitations; Mortgage discharged.
5. HSBC v. Cross
- Case: 205 A.D.3d 779 (2d Dept. 2022)
- Outcome: Judgment vacated as bank failed to take homeowner’s default within one year.
- Result: Mortgage discharged as the statute of limitations expired and bank not entitled to refile under the Foreclosure Abuse Prevention Act, CPLR 205-a.
6. HSBC Bank v. Babu
- Case: Nassau Index 604140/2018
- Outcome: Foreclosure action dismissed as time-barred under the Foreclosure Abuse Prevention Act.
- Result: Mortgage discharged.
Motions in Foreclosure Actions
1. Ditech Financial v. Webster
- Case: Suffolk Index No. 620645/2018
- Outcome: Homeowners’ default in answering the complaint vacated.
- Result: Default vacated and homeowners entitled to defend the action.
2. LH-NP-ABS Income Owner Trust v. Sir Flex, LLC
- Case: Nassau Index No. 617084/2022
- Outcome: Motion for summary judgment denied due to bank’s failure to demonstrate standing to bring the action and compliance with RPAPL 1303 (Notice to Tenant).
Foreclosure Appeals
1. U.S. Bank v. 22-33 Brookhaven
- Case: 219 A.D.3d 657 (2d Dept. 2023)
- Outcome: Successful appeal reversing lower court’s grant of summary judgment. Borrower entitled to a traverse hearing on service issue and Bank failed to establish compliance with RPAPL 1303 Notices to Tenants.
2. Lakeview Loan Servicing, LLC v. Hurst
- Case: 189 A.D.3d 1385, 1386 (2d Dept. 2020)
- Outcome: Successful reversal of lower court’s grant of summary judgment in foreclosure action due to non-compliance with RPAPL 1304.
3. Nationstar Mortg., LLC v. Wilson
- Case: 176 A.D.3d 1087, 1087 (2d Dept. 2019)
- Outcome: Successful appeal overturning lower court’s granting of an extension of time to serve the defendant under CPLR 306-b due process server’s and bank’s failure to show good cause for extension.
- Result: Mortgage Discharged.
4. Wells Fargo Bank, N.A. v. McClintock
- Case: 174 A.D.3d 950, 950 (2d Dept. 2019)
- Outcome: Successful appeal reversing lower court’s grant of judgment of foreclosure and sale and restoration of the case to the calendar.
- Result: Case dismissed.
5. CitiMortgage, Inc. v. Rose
- Case: 209 A.D.3d 623, 623 (2d Dept. 2022)
- Outcome: Successful appeal reversing lower court’s denial of motion to toll interest and escrow expenses due to the bank’s lack of good faith.
- Result: Favorable loan modification reached.
Miscellaneous Appeals
1. Cadlerock Joint Venture, L.P. v. Trombley
- Case: 150 A.D.3d 957, 959 (2d Dept. 2017)
- Outcome: Successful reversal of lower court’s grant of summary judgment.
2. Cadlerock Joint Venture, L.P. v. Trombley (Appeal 2)
- Case: 189 A.D.3d 1157, 1158, (2d Dept. 2020)
- Outcome: Successfully argued to uphold lower court’s dismissal of action on a guaranty as time-barred.
