KEW GARDENS, NY (May 21, 2019) – Armed with the trial prowess of Partner Dustin Bowman, a comprehensive appellate brief written by Associate Matthew Routh, and an appellate argument by Partner Mark Anderson (watch the oral argument here) SBAGK is pleased to announce they were victorious in extinguishing a mortgage worth over $2 million. A prior foreclosure case was dismissed when the Plaintiff-Bank failed to obtain jurisdiction over the owner of the property. On appeal, the Bank argued that the decision of the lower Court should have never been rendered. This decision is important because in a related action SBAGK was successful in extinguishing this mortgage (Read the full QT decision here). The existence of this appeal was one of the last litigation options for the Bank before SBAGK’s client could finally claim victory.
Thanks to the work of SBAGK’s team–through months of heavy litigation–the Manhattan property involved in the case is now mortgage-free. The judges of the First Department affirmed the lower Court’s decision unanimously (Read the full decision here ). They ruled that the original Court’s ruling to dismiss the foreclosure actions against the property was correct. Additionally, when the Plaintiff served the initial matter’s summons and complaint to the Defendant, they were unable to produce evidence of proper service. Thus, the Appellate Division ruled in favor of SBAGK.
“The victory in this case is a huge credit to the efficiency and experience of our entire team. We’re extremely proud of the outcome,” said Mark Anderson. “Through it all–complicated motion practice, a trial, and appellate arguments–our client was able to get a free house. These are the kind of results that we get for our clients. We do not give up, even when faced with high-priced adversaries.”
This decision illustrates a fact that is important to remember in foreclosure practice: banks are not above the law. SBAGK’s attorneys understand that banks have to be fair to homeowners, and when they’re not, there are consequences. No matter how high-stakes the litigation might be, SBAGK is committed to working until the end.