Last week, the Honorable Judge Fischer in Nassau County Supreme Court granted our cross-motion to renew, and, denied the bank’s Motion for Judgment of Foreclosure and Sale. Upon renewal, the Judge vacated the previous order for summary judgment.
In this case, we used the bank’s own evidence to create issues of fact regarding the bank’s standing to commence the foreclosure action in 2022. Specifically, we identified issues in the bank’s affirmation used for the referee’s computations and Motion for Judgment of Foreclosure and Sale. These issues included inconsistencies regarding dates of physical possession of the original note.
In response, the bank argued that its own claims of possession made in its latest affirmation are hearsay (lol, what?), and that this Judge already decided the issue of standing, which is now “law of the case.”
Judge Fischer found the bank’s contentions to be “without merit, as the plaintiff themselves proffered the Affirmation in the matter for the referee’s calculations….”
Consequently, instead of scheduling a foreclosure sale, the bank now has to appear at a preliminary conference to schedule all discovery proceedings. Looks like we might be going to trial on this one!
