NEW YORK, N.Y. – Success! Lanin Law P.C. has just defeated Citimortgage’s motion for summary judgment in the Westchester Supreme Court. The bank commenced a foreclosure action against our clients’ home in 2010. The homeowners retained another law firm to answer the summons and complaint and try to work it out. A few years later the homeowners retained Attorney Scott Lanin of Lanin Law P.C. to represent them.
The court scheduled a mandatory Foreclosure Settlement Conference and assigned a Referee to supervise the conference. Attorney Scott Lanin attended the conferences at the court with his clients. Lanin Law P.C. prepared a full modification application package and submitted it to the lender. The homeowners even offered $100,000 down towards the arrears, an extremely generous good faith gesture to show the bank that they were serious. The bank said no. No modification. No forbearance agreement or reinstatement unless the homeowners could pay the arrears in 12 months or less which was not realistic given their budget. The bank knew this because it had all of the financials but it was obstinate. Lanin told the bank lawyer that his clients had defenses and would fight this case. He reminded the bank lawyer often. The bank still said no.
One year later, the bank filed a motion for summary judgment. It also moved for an order amending the caption, appointing a referee to compute, to expunge a satisfaction of mortgage (that it stated was mistakenly filed for a prior loan that was consolidated with the current loan), to direct the county clerk to accept a copy of the consolidation mortgage agreement for recording (because the bank lost the original), and to reform the mortgages (because of errors).
Scott Lanin researched and briefed the opposing legal arguments in a memorandum of law and prepared affidavits for the homeowners to sign. The papers were submitted to the Court. The bank attorneys replied. The motion was assigned to the Honorable Joan B. Lefkowitz, J.S.C.
On 12/20/16, the Court denied Citimortgage’s motion for summary judgment, denied the motion for a default judgment, denied the motion to amend the caption, denied the motion to appoint a referee to compute, denied the motion to expunge the satisfaction, denied the motion to direct the county clerk to accept the agreement for recording, denied the motion to reform the mortgages. The Court scheduled a preliminary conference and now the case will proceed to the discovery stage. Lanin Law has already drafted and served a Notice for Discovery and Inspection to demand copies of the bank’s files and a Notice to Take Examination Before Trial to depose the bank’s officers.
The Supreme Court’s decision can be read here in its entirety.
The Court ruled that the bank failed to establish that it had standing to commence the action or that it had possession of the note. Now we go into discovery.
