Eastern Savings Bank, FSB v. Thompson et al
| Eastern Savings Bank, FSB |
| Katrina Breedy, John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, New York City Parking Violations Bureau, New York Environmental Control Board and Ebony Thompson |
| 1:2012cv01197 |
| March 9, 2012 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Roanne L. Mann |
| William F. Kuntz |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1441 Notice of Removal |
| None |
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Filing
62
DECISION AND ORDER: On November 24, 2015, the Court of Appeals for the Second Circuit vacated this Court's award of summary judgment to defendants Ebony Thompson and Katrina Breedy (collectively, "Defendants") and denial of summary jud gment to plaintiff Eastern Savings Bank ("Plaintiff'), and remanded the case for further proceedings consistent with its summary order. Following the Second Circuit's decision, both parties in this action filed renewed cross motions fo r summary judgment. For the reasons discussed below, the Court grants Plaintiff's renewed motion for summary judgment and denies Defendants' renewed motion for summary judgment. The Court grants Plaintiff's renewed motion for summary j udgment, and denies Defendants' renewed motion for summary judgment and request for trial. The Court further directs Defendants' general denial and answer to be struck from the record. See Fed. R. Civ. P. 12(f). The Court refers the matter of damages to Chief Magistrate Judge Roanne Mann, and directs the parties to submit to Chief Magistrate Judge Mann all documents relevant to interest and protective advances. See P1. 56.1 State. 18 (listing costs of real estate taxes, delinquent sewe r and water chargers, and insurance premiums). The Court further directs the Clerk of Court to revise the caption of this case by replacing John Doe #1 and John Doe #2 with Evelyn Michelle and Louise Sutton, respectively, and by removing John Doe #3 through John Doe #6. See Fed. R. Civ. P. 15(a)(3). Re 60 Motion for Summary Judgment. Ordered by Judge William F. Kuntz, II on 5/19/2016. (Rodriguez, Lori)
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Filing
50
DECISION AND ORDER: Upon closer scrutiny, a review of the Note, Mortgage, assignment documents, and the evidence offered reveals fatal deficiencies to Plaintiff's foreclosure claim. As much as Plaintiff would like its reputed current physical p ossession to solve the issue, it is proof of the physical delivery between the original lender and the intermediate entity that must be shown to establish good chain of title and, consequently, establish Plaintiff's standing to bring this fore closure action. However, because it has failed to make this showing, Plaintiff lacks the requisite standing. For these reasons, Defendants' motion for summary judgment is GRANTED and Plaintiff's motion for summary judgment is DENIED. Becaus e Plaintiff lacks standing to bring the foreclosure action, it is unnecessary to address either party's remaining arguments. The Clerk of the Court is respectfully directed to close the case. Ordered by Judge William F. Kuntz, II on 11/4/2014. (Fwd'd for judgment) (Brucella, Michelle)
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