JP Morgan Chase Bank, N.A. v. Banilivy, et al (Nassau County Supreme Index Number 3582/2017)
We represent current owners and mortgagee of real property located in Great Neck, New York. By Order to Show Cause, we successfully secured a temporary restraining order staying a foreclosure sale of the property in a foreclosure proceeding commenced by the prior owner’s mortgagee. The grant of the temporary restraining order was based on our argument concerning statute of limitations issues and whether the prior mortgagee timely sought vacature of a September 1, 2006 Satisfaction of Mortgage of the mortgage that it subsequently sought to foreclosure. We also sought leave to intervene on behalf of current owner and lender and for dismissal of the action.