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Brian McCaffrey Queens Foreclosure Attorney Obtains Reversal of Foreclosure Judgement

A New York Judge was persuaded to reverse her decision once it was revealed that the investor/lender in this action had participated in the MERS scheme.


New York Civil Supreme Court

(New York) Judge reverses foreclosure decision after finding that documents presented did not prove ownership of the note and mortgage

The way a New York woman almost lost her home because of the banks less than adequate loss mitigation efforts is all too common. What is becoming more and more common is the way the Judge in the case issued a ruling overturning the judgment of foreclosure and sale because the plaintiff lacked standing to foreclose.

In this case Judge Judith J. Grische held that “retroactive assignments of mortgage are invalid” and cited Wells Fargo Bank, N.A. v Marchione and Deutsche Bank Natl. Trust Co. v Abbateto vacte the Defendants default and Dismiss the case.

Read the Complete Article here: Queens Foreclosure Attorney Achieves Reversal Of Judgement

See the Decision here: Judge Gische’s Decision


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