Brickman and Grieco Win Dismissal for Lack of Standing of Private Lender's Foreclosure Action

John Brickman and Brian Grieco of the firm won dismissal of a mortgage foreclosure action in the Supreme Court, New York County. Justice Arthur Engoron dismissed the case, a private lender's foreclosure action, after a two-day trial on the issue of whether the original plaintiff had standing to commence the action. At trial, we argued successfully that the private lender failed to prove that the original plaintiff had possession of the note and mortgage or was a valid assignee at the time it commenced the action. This action is another lesson to lenders that purchase loans from existing foreclosure plaintiffs – they must demonstrate that the original plaintiff had standing to sue at the time it commenced the action.

Brickman and Grieco are litigators in McLaughlin & Stern's Long Island office.

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