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Tag: discontinuance

Plaintiff discontinues foreclosure action three years later because of Kessler violations

May 10, 2022 qsakhizada

Some banks are taking initiative and discontinuing foreclosure actions where the RPAPL § 1304 notices contain Kessler (decided December 15,…

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Filed under: 90-day notices, discontinuance, Foreclosure, Foreclosure Defense, foreclosure litigation, Kessler, litigation, Mr. Cooper, nassau county, Nationstar, RPAPL 1304, suffolk county

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  • Our Cross-Motion to Renew was Granted; bank’s Summary …
  • Fraudulent deed (evil brother edition)
  • 2013 Reverse Mortgage Foreclosure Action Dismissed!
  • Some Summer Settlements!
  • Bank cannot prove Standing — Summary Judgment denied!
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sakhizadalawfirm

I fight banks and creditors, and will resolve your real estate issues. I am also a licensed real estate broker. @sakhizadarealty
Last week, the Honorable Judge Fischer in Nassau C 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! #lawyer #litigation #longisland #layla #reels
I had to sue my clients’ evil brother for a fraudu I had to sue my clients’ evil brother for a fraudulent deed. I was initially retained in 2019 by a brother and sister to defend a reverse mortgage foreclosure action. The loan was under their deceased mother’s name and affected the family residence located in Nassau County. Their parents purchased the home in 1970. We soon discovered that the deed to the family residence was mysteriously transferred to my clients’ youngest sibling (evil brother) by a deed allegedly signed by their mother prior to her passing. The deed looked like a little kid drafted it. In 2022, evil brother retained an evil attorney (evil attorney #1) to try to evict his disabled sister (my client) from the family residence in order to sell the property and keep a profit to himself. Evil brother also had the house listed with an evil realtor. Evil attorney #1 was relentless in his pursuit to evict my client from the family residence. Over my objections, the District Court Judge scheduled a final date for the eviction trial. In response, I commenced our own legal action against evil brother in the Supreme Court. I filed a Notice of Pendency in Nassau County to put everyone on notice of our claims of fraud. I then filed an emergency Motion in the Supreme Court in order to stop the District Court from proceeding with the eviction. The Supreme Court Judge granted my emergency Motion. I provided a copy of the granted Supreme Court Order to evil attorney #1 and the District Court Judge. The eviction trial was canceled and the proceeding was prohibited from proceeding. Evil attorney #1 was not happy. Evil brother then retained another evil attorney (evil attorney #2) to try dismiss our fraudulent action in the Supreme Court. After approximately three (3) years of litigation, evil attorney #2 passed away. Evil brother eventually gave up and transferred any ownership and right he had to the property to my clients. My clients now own the family residence and can do what they want with it. At the end, good wins over evil. #fraud #litigation #realestatelitigation #deedfraud #conveyance #nassaucounty #nassausupremecourt #legal #law #settlement #foreclosure #reversemortgage #lawyer #attorney
2013 Reverse Mortgage Foreclosure Action Dismissed 2013 Reverse Mortgage Foreclosure Action Dismissed! The more I read this 7-page decision, the more I love it. Shoutout to Judge Edmund Dane for this beautiful and detailed decision. As prevailing counsel, we really appreciate it, especially when an appeal is inevitable (even if futile). In this 2013 Reverse Mortgage foreclosure action (yes, 2013 – I was actually sworn-in as an attorney in 2013), plaintiff recently moved to Amend its Complaint and I cross-moved for dismissal as abandoned pursuant to CPLR §3215(c). We argued that, inter alia, plaintiff has no reasonable excuse for its delay in prosecuting and that there is no “interests of justice” exception that would justify a denial of dismissal as abandoned. Judge Dane agreed with us. In fact, “[i]n arriving at that conclusion, the Court has considered myriad facts.” The Judge gives six specific reasons why dismissal is warranted. Great for us. Terrible for the bank. Now, plaintiff’s attorneys have to explain to their client why its reverse mortgage loan action (in excess of a million dollars) just got dismissed. I would hate to be on that call! Let me know what Sakhizada Law can do for you! #foreclosure #foreclosuredefense #nassaucounty #longisland #litigation #dismissed #dismissal #cplr3215 #reversemortgage #mortgage #newyork #judgedane #lawyer #attorney #realestate
Long Island sucks. #longisland #tobay #suckss Long Island sucks. #longisland #tobay #suckss
Whether you’re seeking a reinstatement, repayment Whether you’re seeking a reinstatement, repayment plan, loan modification/reconstruction, short pay, short sale, or any other default resolution, we will pursue the settlement that best fits your family’s needs. Sometimes settlements are reached before a settlement conference is scheduled, sometimes during the settlement conference stage, sometimes during litigation, and sometimes even after a judgment is granted. In the last few months, my office has negotiated all types of settlements throughout Long Island and Queens. Contact me to schedule a meeting to discuss your settlement options.   #settlements #longisland #queens #loanmodifications #foreclosure #foreclosuredefense #new york #litigation #lossmitigation #repayment #mortgages #loan #queenscounty #suffolkcounty #nassaucounty #litigation
Professional Lawyer. Amateur Biker. My ride from m Professional Lawyer. Amateur Biker. My ride from my house through Bethpage State Park. I did not see any body parts. @gopro @trekbikes Sunday. 3.17.2024 #bethpagestatepark #trekbikes #gopro #longisland #cycling #newhobby
This plaintiff could not even establish that it ha 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. #foreclosure #foreclosuredefense #suffolkcounty #litigation #legal #lawyer #attorney #longisland #mortgages #standing #summaryjudgment #msj #motions
6 bedrooms. 4 bathrooms. 3 kitchens. Open house th 6 bedrooms. 4 bathrooms. 3 kitchens. Open house this Saturday (8/26). Contact my brother, @feizzafsari for more information. @sakhizadarealty #openhouse #nassaucounty #elmont #rentalproperty #realestate #longisland #investmentproperty
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