Monday, March 11, 2013

New York State Supreme Court Recognizes Chase's status as WAMU's Successor-in-Initerest


Indeed, this Court recently recognized plaintiff's status as WAMU's successor-in-interest for all of its loans and loan commitments, with standing to foreclose on mortgages formerly held by WAMU (see JP Morgan Chase Bank N.A. v Miodownik,91 AD3d 546, 547 [1st Dept 2012], lv dismissed 19 NY3d 1017 [2012]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

JP Morgan Chase Bank v. Shapiro, 2013 NY Slip Op 1357 - NY: Appellate Div., 1st Dept. 2013

2013 NY Slip Op 01357

JP MORGAN CHASE BANK, NATIONAL ASSOCIATION, Plaintiff-Respondent,
v.
SAADIA SHAPIRO, Defendant-Appellant, JPMORGAN CHASE BANK, NATIONAL ASSOCIATION SUCCESSOR IN INTEREST TO WASHINGTON MUTUAL BANK, ET AL., Defendants.

7650N, 107099/09.
Appellate Division of the Supreme Court of New York, First Department.
Decided March 5, 2013.
Shapiro & Associates, Attorneys at Law, PLLC, Brooklyn (Robert J. Stone, Jr., of counsel), for appellant.
Parker Ibrahim & Berg LLC, New York (Scott W. Parker of counsel), for respondent.
Before: Mazzarelli, J.P., Moskowitz, Richter, Gische JJ.
Plaintiff submitted proof of the existence of a mortgage and of default. This constituted a prima facie showing of entitlement to summary judgment in this foreclosure action (see Deutsche Bank Natl. Trust Co. v Gordon, 84 AD3d 443 [1st Dept 2011];Bank Leumi Trust Co. of N.Y. v Lightning Park, 215 AD2d 246, 247 [1st Dept 1995]). The underlying mortgage and note were originally held by Washington Mutual Bank, FA (WAMU). Plaintiff submitted the affidavit of an employee who identified herself as having personal knowledge of, inter alia, plaintiff's status as successor-in-interest to WAMU and defendant Saadia Shapiro's default. This was based upon her review of plaintiff's books and records and its account records regarding Shapiro's delinquent account (see CPLR 3212[b]). In opposition, Shapiro failed to raise a triable issue of fact.
Indeed, this Court recently recognized plaintiff's status as WAMU's successor-in-interest for all of its loans and loan commitments, with standing to foreclose on mortgages formerly held by WAMU (see JP Morgan Chase Bank N.A. v Miodownik,91 AD3d 546, 547 [1st Dept 2012], lv dismissed 19 NY3d 1017 [2012]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Appellate Division First Department
Civil File Summary
INDEXCALENDARTITLE
107099/09
JP MORGAN V SHAPIRO
NOTICED FOR TERMADJOURNED TO TERMDATE OF ARGUE ARGUEDAPPEAL#
APR 2012MAY 2012 04/24/2012Submitted7650
ORDERJUDGMENTNOA
08/11/2010
08/25/2010
APPELLANTBRIEFREPLY BRIEF OTHER
SHAPIRO01/26/201203/30/2012
RESPONDENTBRIEFREPLY BRIEFOTHER
JP MORGAN, NATIONAL ASSOC.03/20/2012

ATTORNEY (LAST, FIRST, MI)FIRMFOR
STONE, ROBERT J.SHAPIRO & ASSOCIATESAPPELLANT
, SHAPIRO DICARO & BARAKRESPONDENT
PARKER, SCOTT W.PARKER, IBRAHIM & BERG LLC RESPONDENT
DISPOSITIONENTERED
AFFIRMED AFTER ARGUMENT/SUBMISSION 03/05/2013
YEARMOTION#DISPOSITION ORDER ENTEREDCURRENT RETURN DATE
20112434 GRANTED06/14/201105/23/2011
2011 3469GRANTED10/04/201108/08/2011
20114988GRANTED12/06/2011 11/09/2011
201227GRANTED 02/07/201201/17/2012

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