We are pleased to share a recent decision of a case handled by Friedman Vartolo, LLP. In BAC Home Loan Servicing, L.P., respondent v. Semyon Chertov. Appellant, No. 2016-03824, (NY App. Div. Oct. 31, 2018), the Appellate Division affirmed the Supreme Court’s determination to grant Summary Judgment, and to direct the sale of the premises. https://iapps.courts.state.ny.us/search/wicket/page?2-IResourceListener-pnlResultContainer-pnlResult-3-lnkDocument
The Court found that the Appellant had waived any challenges to standing by failing to raise it in either the Answer or in a pre-answer motion to dismiss. Thus, BAC was relieved of any obligation to prove standing. In any event, the respondent met is burden by demonstrating ownership of the note and mortgage.
Compliance with RPAPL 1304 was sufficiently demonstrated with the submission of the respondent affidavit. The affidavit sufficiently laid the foundation, the USPS Certified Mailing Tracking Number provided the compliance with mailing requirement and the inclusion of housing counseling agencies served “the region where he resided”.
A great job by Chad Harlan, Esq. and Oran Schwager, Esq. of our firm! For more information regarding this case, please contact: Deborah Gallo, Director of Operations at firstname.lastname@example.org.