granting Summary Judgment counsel for Plaintiff and Defendant personally inspected the Court. file and found that no Court Order denying the Defendant’s Motion had ever been filed. Nevertheless, Plaintiffs counsel was unwilling to concede that the Defendant’s Motion to.
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Wells Fargo Bank, NA v Concepcion – 2013 NY Slip Op 50271 (U) [*1] Wells Fargo Bank, NA v Concepcion 2013 NY Slip Op 50271(U) Decided on February 22, 2013 Supreme Court, Suffolk County Whelan, J. Published by New york state law reporting Bureau pursuant to Judiciary Law 431.
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1 1 In this action involving a disputed real estate foreclosure, plaintiff, Charolyn KH Edwards, appeals the district court’s summary judgment entered in favor of defendant, Bank of America, N.A. We affirm.
· While the bank was promising to work with plaintiff, it was simultaneously complying with the notice requirements to conduct a sale under the power of sale in the deed of trust, commonly referred to as a nonjudicial foreclosure or foreclosure. (See Civ.Code, §§ 2924, 2924a-2924k.) The bankruptcy court lifted the stay.
· In contrast to other recent well-publicized decisions, a New Jersey state court has held that, in order to seek foreclosure of a mortgage that has been securitized, a lender need not demonstrate actual physical possession of the note memorializing the underlying debt. United States corporate/commercial law day Pitney LLP 24 Jan 2011
granting Summary Judgment counsel for Plaintiff and Defendant personally inspected the Court file and found that no Court Order denying the Defendant’s Motion had ever been filed. Nevertheless, Plaintiffs counsel was unwilling to concede that the Defendant’s Motion to
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BANK OF AMERICA FORECLOSURE, ANSWER, AFFIRMATIVE DEFENSES, COUNTERCLAIM. BANK OF AMERICA FORECLOSURE, ANSWER, AFFIRMATIVE DEFENSES, COUNTERCLAIM. Capacity in which Plaintiff brings this foreclosure: Plaintiff is the legal holder ofthe indebtedness and owner of the mortgage given as.
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· Plaintiff does not allege that she has made full tender to set aside the foreclosure sale. The fact that plaintiff was seeking approval for loan modification further suggests that she is unable to tender her delinquency of over $60,000, (RJN Ex. 5), much less the full value of the loan.
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