Foreclosure Strategies
May 10 2018
The best way to deal with a foreclosure is to take aggressive legal action when the foreclosure laws... [Read More...]
January 3, 2018 By
In a case from upstate New York Justice Phillip Rumsey sitting in the Supreme Court entered an order dismissing foreclosure lawsuit brought by Citibank. In addition, he removed the mortgage from the homeowners’ property.
Citibank had initiated a foreclosure lawsuit against the Bravos. The homeowners claimed as their defense that Citibank did not have standing to bring this lawsuit because they were not the holder of the note on their property. Justice Phillip Rumsey had granted an order precluding Citibank from offering any evidence at trial of the homeowners’ indebtedness. In addition, he also precluded them from offering evidence they were the current holder of the note.
Citibank brought an appeal to the Appellate Division. The Appeals Court found that Citibank had engaged in a pattern of conduct giving rise to an inference of willfulness sufficient for Judge Rumsey to impose a preclusion sanctions order.
Justice Rumsey granted the homeowners’ summary judgment motion and dismissed the foreclosure lawsuit. In addition, he granted the homeowners’ request for an order removing the mortgage from their home.
Justice Rumsey is a judge from upstate New York who punishes banks who act improperly in their dealings with homeowners regarding their mortgages.