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Queens foreclosure attorney beats back US Bank and obtains dismissal

Queens foreclosure attorney Brian McCaffrey beats back US Bank and obtains dismissal in a 2 year old foreclosure case.

The Honorable David Eliot, Justice of the Queens County Supreme Court issued a ruling thwarting the efforts of US Bank as Trustee in a foreclosure case. U.S. Bank lacked standing to foreclose. On October 17, 2012, the Queens Civil Supreme Court posted a ruling issued a week earlier in a 2 year old foreclosure case. The Honorable David Eliot, Justice of the Queens County Supreme Court issued a ruling thwarting the efforts of US Bank as Trustee in a foreclosure case.

No standing to foreclose

US Bank foreclosure dismissed for lack of standing

   In his decision Judge Eliot held that… “In an action to foreclose a mortgage, plaintiff establishes standing by demonstrating that it is both the holder or assignee of the subject mortgage as well as the holder or assignee of the underlying note” and he further held “In the case at bar, plaintiff failed to demonstrate that it had standing to commence the action…”

Read the COMPLETE ARTICLE here: Complete Article

See the COMPLETE DECISION here: Judge Elliot Decision

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