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Tag: litigation

Our Cross-Motion to Renew was Granted; bank’s Summary Judgment was vacated!

February 9, 2026 qsakhizada

Last week, the Honorable Judge Fischer in Nassau County Supreme Court granted our cross-motion to renew, and, denied the bank’s…

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Filed under: cplr 2221, Foreclosure, Foreclosure Defense, foreclosure litigation, foreclosure standing, Friedman Vartolo, litigation, loancare, nassau county, shellpoint, suffolk county, Summary Judgment, VRMTG Asset Trust

Fraudulent deed (evil brother edition)

August 17, 2025 qsakhizada

I had to sue my clients’ evil brother for a fraudulent deed. I was initially retained in 2019 by a…

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Filed under: attorney, deed fraud, fraud, lawyer, litigation, long island, nassau county, nassau supreme court, real estate fraud, reverse mortgage, Settlement

2013 Reverse Mortgage Foreclosure Action Dismissed!

October 9, 2024 qsakhizada

The more I read this 7-page decision, the more I love it. Shoutout to Judge Edmund Dane for this beautiful…

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Filed under: CPLR 3215, dismissed, Foreclosure, Foreclosure Defense, foreclosure litigation, greenberg taurig, greenspoon marder, litigation, long island, nassau county, nassau supreme court, Ocwen, one west, Onity, reverse mortgage foreclosure

Bank cannot prove Standing — Summary Judgment denied!

November 18, 2023 qsakhizada

This plaintiff could not even establish that it has standing to bring a foreclosure action against my clients. Unable to…

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Filed under: denied, Don Madden, Foreclosure, Foreclosure Defense, foreclosure litigation, litigation, suffolk county, Summary Judgment, Trinity Financial

Illegible loan document — Summary Judgment denied!

June 7, 2023 qsakhizada

Throughout the course of a mortgage loan, there may be several servicer transfers and mortgage assignments. This is especially true…

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Filed under: Foreclosure, Foreclosure Defense, foreclosure litigation, litigation, nassau county, planet home lending, star202, Summary Judgment

Bank’s Motion for Summary Judgment denied (twice)!

April 20, 2023 qsakhizada

Bank’s Motion for Summary Judgment denied (twice)! In this Suffolk matter, we successfully opposed the bank’s submissions for Summary Judgment,…

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Filed under: Foreclosure, Foreclosure Defense, foreclosure litigation, judge whelan, litigation, polish & slavic federal credit, suffolk county, Summary Judgment

Cross-Motion to Dismiss Granted!

December 11, 2022 qsakhizada

Nassau County foreclosure action dismissed! In this matter, after the parties could not reach a settlement, the bank’s litigation attorneys…

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Filed under: dimissal, Foreclosure, Foreclosure Defense, foreclosure litigation, Judge Sullivan, Kessler, litigation, nassau county, RPAPL 1304, SPS

2014 Nassau County Foreclosure Action Dismissed!

October 12, 2022 qsakhizada

I was referred this 2014 case in 2020 by a past client. The bank had already filed its Motion for…

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Filed under: aldridge pite, carrington, dismissal, Foreclosure, Foreclosure Defense, foreclosure litigation, Kessler, litigation, nassau county, RPAPL1304, sakhizada law

Bank’s Motion for Summary Judgment Denied!

September 25, 2022 qsakhizada

Bank’s Motion for Summary Judgment Denied! (Nassau County Supreme Court) In opposition, I explained to the Court that one (of…

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Filed under: Foreclosure, Foreclosure Defense, foreclosure litigation, litigation, nassau county, nassau county supreme court, Opposition, sakhizada law, Summary Judgment

Another Suffolk County foreclosure action dismissed!

June 30, 2022 qsakhizada

Another day, another dismissal. In this matter, the Court found our Opposition to plaintiff’s Motion for Summary Judgment to be…

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Filed under: dismissed, Foreclosure, Foreclosure Defense, foreclosure litigation, Kessler, litigation, long island, RPAPL 1304, suffolk county

Suffolk County asking plaintiffs to proceed with certain foreclosure actions

June 13, 2022 qsakhizada

Suffolk County Supreme Court has been filing letters in foreclosure actions (like the one below), asking for a status and…

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Filed under: court updates, Foreclosure, Foreclosure Defense, litigation, long island, Long Island Foreclosure, suffolk county, suffolk county supreme court

Suffolk County foreclosure action dismissed!

June 1, 2022 qsakhizada

Here is one of our Suffolk County foreclosure cases where the Supreme Court granted our Motion to dismiss pursuant to…

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Filed under: bad faith, dismissal, dismissed, Foreclosure, Foreclosure Defense, foreclosure litigation, Kessler, litigation, RPAPL1304, rushmore, suffolk county

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

New Nassau requirement for pending foreclosure motions

March 10, 2022 qsakhizada

Nassau County Supreme Court is now requiring plaintiffs in residential foreclosure actions to file an additional Affirmation for pending motions…

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Filed under: affirmation, Foreclosure, Foreclosure Defense, foreclosure litigation, litigation, long island, nassau county

Bank’s Motion to Reargue denied!

October 26, 2021 qsakhizada

After we successfully opposed this bank’s Motion for Summary Judgment, plaintiff filed a Motion to Reargue. We successfully opposed that…

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Filed under: Foreclosure Defense, foreclosure litigation, Judge Butler, litigation, motions, Nassau Educators Federal Credit Union, Queens County Supreme Court, Reargue, Summary Judgment

More settlements!

September 8, 2021 qsakhizada

Big banks, medium banks and little banks… anybody can get this settlement smoke. Whether through a short reinstatement, repayment plan,…

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Filed under: carrington, debt defense, discover bank, Foreclosure, Foreclosure Defense, litigation, modification, Settlement, shortpay settlement, SPS

Short pay settlements!

July 9, 2021 qsakhizada

Whether it’s a $30k credit card lawsuit, or a mortgage foreclosure action against your million-dollar property, know that we’ve got…

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Filed under: collections defense, debt collectors, Foreclosure, Foreclosure Defense, litigation, Loss Mitigation, lvnv funding, Settlement, shortpay settlement

Judge denied sloppy bank’s Motion

May 28, 2021 qsakhizada

Some free advice to new attorneys… and large litigation firms: do not be sloppy.  Even in the day of electronic…

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Filed under: cplr, Foreclosure, litigation, motion, queens

Another successful settlement & update on existing legal actions

May 20, 2020 qsakhizada

While banks are still prohibited from commencing new foreclosure actions, some firms are advancing/concluding existing actions. Here is a matter…

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Filed under: coronavirus, covid19, discontinue, efilings, Foreclosure, legal fees, litigation, long island, New York Pause, NYSCEF, reinstatement, select portfolio servicing, Settlement, SPS, suffolk county, waiver

Bank’s Motion for Summary Judgment denied!

January 27, 2020 qsakhizada

We successfully opposed this bank’s Motion for Summary Judgment in the Queens County Supreme Court. After settlement discussions fell through,…

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Filed under: evidence, Foreclosure, Foreclosure Defense, foreclosure litigation, litigation, Opposition, Summary Judgment

Our Motion to Dismiss was granted!

November 1, 2019 qsakhizada

The Queens County Supreme Court granted our pre-Answer Motion to Dismiss against a big bank and large NYC litigation firm…

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Filed under: cplr3211, Foreclosure, Foreclosure Defense, foreclosure litigation, litigation, motiontodismiss

We had to stop a foreclosure sale….

September 18, 2019 qsakhizada

I was recently retained to cancel an upcoming foreclosure sale on a 2016 Suffolk County case. The Judge signed our…

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Filed under: emergencymotion, Foreclosure Specialists, foreclosuresale, litigation, Solicitation

Blog

  • 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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