This plaintiff could not even establish that it has standing to bring a foreclosure action against my clients.
Unable to reach a settlement, plaintiff moved for Summary Judgment and an Order of Reference. Plaintiff’s attorneys withdrew its initial Motion after learning (from our responsive papers), that it had failed to include a bank Affidavit.
After filing a second Motion, we explained to the Court that plaintiff’s second Motion (which includes a bank Affidavit) is just as weak as its initial papers. We argued that the bank Affidavit establishes nothing and that the cases relied on by plaintiff’s attorneys are outdated and inapplicable. The Judge agreed. Summary Judgment denied.
This actually might be one of the worst bank motions that I have ever seen. There is no surprise that the bank fired its attorneys and retained new counsel weeks before the Judge issued the denial. Yikes.
