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.
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…”
Judge Elliot also wrote… “To the extent that counsel for plaintiff states that plaintiff is in possession of the underlying note, same is insufficient to warrant denial of the motion.”
Queens foreclosure attorney Brian McCaffrey, Esq.represented the borrower and filed the motion to dismiss the action due to the banks faulty paperwork, questionable assignments and participation in the MERS system.