The Weekly Friedman | Episode 22
October 16, 2024
Friedman Vartolo Successfully Defends Mortgagee Against Homeowners’ Trespass and Lack of Standing Appeals
October 22, 2024
In Federal National Mortgage Association v. Krell, the New York Appellate Division, Third Department affirmed the summary judgment in favor of the plaintiff, which was represented by Friedman Vartolo LLP and lead appellate counsel Ronald P. Labeck Esq. On appeal, the defendant argued the plaintiff lacked standing to foreclose. To prove its standing, FNMA demonstrated possession of the original promissory note endorsed in blank through supporting affidavits and admissible business records. The defendants’ objections, including allegations of hearsay, were rejected, as the court found no requirement for FNMA to detail how it acquired possession of the note as long as it held the note at the inception of the foreclosure.
For full case details, please click the link for more information.
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