AN OFFICER OF TOO MANY BANKS
Lynn E. Szymoniak, Esq., January 14, 2010
In a few foreclosure cases, judges have noticed that the same individualappears as an officer of various banks.
In several of these cases, thejudges have dismissed the foreclosure actions and ordered that suchactions cannot be refiled unless the foreclosing party presents an Affidavitwith the three-year employment history of the bank "officer."
In most of these cases, the Bank has never refiled - presumably unable toexplain the issue of the same individual appearing as an officer of manybanks.The following cases address this issue:Bank of NY v. Mulligan, 2008 NY Slip Op 31501 (U)(June 3, 2008):
"...Additionally, plaintiff BNY must address a third matter if it renews itsapplication for an order of reference. In the instant action, as noted above,Ely Harless, as Vice President of MERS
assigned the instant mortgage toBNY on October 9, 2007. Then, as Vice President of COUNTRYWIDE, onMarch 20, 2008, he executed the affidavit in this action. Is Mr. Harless theVice President of MERS
or the Vice President of COUNTRYWIDE? Did hechange his employment between October 9, 2007 and March 20, 2008?The Court is concerned that Mr. Harless might be engaged in asubterfuge, wearing various corporate hats. Before granting an applicationfor an order of reference, the Court requires an affidavit from Mr. Harlessdescribing his employment history for the past three years..."
Bank of NY v. Orosco, 2007 NY Slip Op 33818(U)
"Plaintiff must address a second matter before it
applies for an order of reference after demonstrating that the alleged assignment was recorded.Plaintiffs application is the third application for an order of referencereceived by me in the past several days that contain an affidavit from KeriSelman. In the instant action, she alleges to be an Assistant Vice-presidentof the Bank of New York. On November 16,2007, I denied an applicationfor an order of reference (BANK OF NY AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWABS, INC. ASSET-BACKEDCERTIFICATES, SERIES 2006-8 v JOSE NUNEZ, INDEX No. 10457/07), in