JPMC SPECIALTY MTGE. LLC v. ESPADA

2023, 380797/12.

143 A.D.3d 611 (2016)

2016 NY Slip Op 06967

40 N.Y.S.3d 70

JPMC SPECIALTY MORTGAGE LLC, Respondent, v. LUIS ESPADA et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 25, 2016.


The proposed intervenors lack standing to raise the improper service defense on behalf of the mortgagor (see Wells Fargo Bank, N.A. v Bowie, 89 A.D.3d 931 [2d Dept 2011]). In any event, the defense is unavailing in light of the affidavits of service (see Matter of de Sanchez, 57 A.D.3d 452, 454 [1st Dept 2008]).

The limited power of attorney held by the proposed intervenors does...

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