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No Proof Mers Assigned Both Mortgage and Note to Hsbc

No Proof Mers Assigned Both Mortgage and Note to Hsbc

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Published by DinSFLA
http://stopforeclosurefraud.com
The "Assignment of Mortgage," which is attached as exhibit E to the opposition papers, makes no reference to the note, and only makes reference to the mortgage being assigned. The Assignment has a vague reference to note wherein it states that "the said assignor hereby grants and conveys unto the said assignee, the assignor's beneficial interest under the mortgage, "but this is the only language in the Assignment which could possibly be found to refer to the note.

Contrary to the affirmation of Ms. Szeliga in which she represented, in paragraph 17, that there was language in the assignment which specifically referred to the note, the assignment in this case does not contain °aspecific reference to the Note.

In light ofthe foregoing, the Court is satisfied that there is insufficient proof to establish that both the note and the mortgage have been assigned to the Plaintiff, and therefore, it is hereby ORDERED that the Plaintiff has no standing to maintain the foreclosure action; and it is further ORDERED that the appliCation of Defendant, Jeffrey F. Miller, to dismiss is granted, without prejudice, to renew upon proof of a valid assignment of the note.


http://stopforeclosurefraud.com
The "Assignment of Mortgage," which is attached as exhibit E to the opposition papers, makes no reference to the note, and only makes reference to the mortgage being assigned. The Assignment has a vague reference to note wherein it states that "the said assignor hereby grants and conveys unto the said assignee, the assignor's beneficial interest under the mortgage, "but this is the only language in the Assignment which could possibly be found to refer to the note.

Contrary to the affirmation of Ms. Szeliga in which she represented, in paragraph 17, that there was language in the assignment which specifically referred to the note, the assignment in this case does not contain °aspecific reference to the Note.

In light ofthe foregoing, the Court is satisfied that there is insufficient proof to establish that both the note and the mortgage have been assigned to the Plaintiff, and therefore, it is hereby ORDERED that the Plaintiff has no standing to maintain the foreclosure action; and it is further ORDERED that the appliCation of Defendant, Jeffrey F. Miller, to dismiss is granted, without prejudice, to renew upon proof of a valid assignment of the note.


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Published by: DinSFLA on Aug 26, 2010
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07/10/2013

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MARKM.MEDDAUGH
ActingSupremeCourtJusticeullivanCoun!yGovernmentCenter100NorthStreetMonticello,NY12701(845)807-0654/(845)794-8300fax
LawClerkSandraF.Heck,Esq.
May6,2009StevenJ.Baum,
P.c.
P.O.Box1291Buffalo,NewYork14240-1291Tracy
&
Edwards,Esqs.317LittleTorRoadSouthNewCity,NewYork10956Re:HSBCBank,ete.v.Miller,etal.IndexNo.4786-2008~INo.52-28816-09DearCounsel:
ConfidentialSecretaryEvelynD.Grese
EnclosedpleasefindacopyoftheDecisionandOrder,relativetotheabovematter.TheoriginalpapersarebeingforwardedtotheSullivanCountyClerk'sOfficeforfiling.Ifyouhavequestionsconcerningthefilingofthesepapers,youaredirectedtocontacttheClerk'sOffice.MMM/edg
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cc:SullivanCountyClerkVerytrulyyours,
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SUPREMECOURTOFTHESTATEOFNEWYORKCOUNTYOFSULLIVAN
--------------------------------------------------..----------------------X
HSBCBANKUSA,NATIONALASSOCIATION,ASTRUSTEEFORWFALT2007-PA023451HammondAvenueWaterloo,La50704-5400,DECISION/ORDERPlaintiff-against-JEFFREYF.MILLER,BOARDOFMANAGERS,EMERALDGREENPROPERTYOWNER'SASSOCIATION,INC.,JPMORGANCHASEBANK,N.A.,JOHNDOE,(saidnamesbeingfictitious,itbeing.theintentionofPlaintifftodesignateanyandalloccupantsofpremisesbeingforeclosedberein,andanyparties,.corporationsorentities,ifany,havingorclaiminganinterestorlienuponthemortgagedpremises,Defendants.
--------------------------------------------------------------------------X
Present:Hon.MarkM.Meddaugh,ActingJustice,SupremeCourtIndex
#
4786-2008RJINo.52-28816-09Appearances:MEDDAUGH,J.:Steven
J.
Baum,P.C.AttorneysforPlaintiffP.O.Box1291Buffalo,NewYork14240-1291Tracy
&
EdwardsAttorneysforDefendant317LittleTorRoadSouthNewCity,NewYork10956
TheDefendant,Jeffi:eyF.Miller,byhisattorney,Tracy
&
Edwards,filedaNoticeofMotionwiththiscourtdatedFebruary9,2009,seekingtodismissthependingcomplaintpursuanttoCPLR§3211(a)(l),and3211(a)(7).
 
Insupportoftheapplication,theCourtreceivedtheNoticeofMotion,anaffinnationofJolmS.Edwards,Esq.,datedFebruary11,2009,togetherwithhisreplyaffmnation,datedApril1,2009.Inoppositiontotheapplication,theCourtreceivedtheaffinnationofMeganB.Szeliga,Esq.,datedMarch6,2009,alongwithherMemorandumofLaw,alsodatedMarch6,2009.ThePlaintiffseekstoforecloseonamortgageenteredintobetweentheDefendant,JeffreyF.MillerandtheRealEstateMortgageNetwork,Inc.,aNewJerseyCorporation,whichmortgagewasdatedMarch9,2007.Atthetimeoftheexecutionofthemortgage,Mr.Milleralsoexecutedan"interest-onlyperiodfixedratenote"inthesumof$525,000.00,withmonthlypaymentscommencingonMay1,2007.Theinitialpaymentswere$3,007.81permonthforthefirstone-hundredandtwenty(120)months,andthereafterthepaymentsincreasedto$4,031.02permonthuntilthenotewaspaidonApril1,2037.Themortgagewasassignedbyan"AssignmentofMortgage,"datedDecember12,2008,assigningthemortgagefromtheMortgageElectronicRegistrationSystems,Inc.,asnomineeforRealEstateMortgageNetwork,Inc.~anditssuccessorandassigns,totheHSBCBankUSA,NationalAssociationasTrusteeforWFALT2007-PAOl1,.,TheDefendant,JeffreyF.Miller,seekstodismissthependingproceeding,inpartduetothefactthatheallegesthatboththemortgageandnotewerenotassignedtothePlaintiff,HSBCBank,USA,etaI.,andbecauseofthat,theycannotforecloseonthemortgage.The"AssignmentofMortgage,"whichisattachedasexhibitEtotheoppositionpapers,makesnoreferencetothenote,andonlymakesreferencetothemortgagebeingassigned.The
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