Foreclosure – Page 91 – New York Appellate Digest

Lack of Standing Argument Waived

In this foreclosure action, the Third Department determined failure to raise plaintiff’s lack of standing in either the answer or the pre-answer motion to dismiss the complaint constituted a waiver of the defendant’s standing argument. HSBC Bank USA v Ashley, 513730, Third Dept. 3-7-13

March 7, 2013

Erroneous Discharge of Mortgage Can Be Set Aside Where No Detrimental Reliance

The Second Department explained: “ ‘ A mortgagee may have an erroneous discharge of mortgage, without concomitant satisfaction of the underlying mortgage debt, set aside, and have the mortgage reinstated where there has not been detrimental reliance on the erroneous recording’ … .Only bona fide purchasers and lenders for value are entitled to protection from an erroneous discharge of a mortgage based upon their detrimental reliance thereon.” Beltway Capital, LLC v Soleil,et al, 2011-02773, Index no 22244/07, Second Dept. 3-6-13

March 6, 2013

Lack of Standing Argument Waived

Erroneous Discharge of Mortgage Can Be Set Aside Where No Detrimental Reliance

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.