US BANK v. CADEUMAG

Index No. 899/2014.

81 Misc.3d 660 (2023)

196 N.Y.S.3d 862

2023 NY Slip Op 23276

US BANK, as Trustee for the STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST 2006-BC1, Plaintiff, v. CLAUDE CADEUMAG, as Heir and Administrator for the Estate of LORVANA CADEUMAG, Deceased, et al., Defendants.

Supreme Court, Kings County.

September 8, 2023.


Attorney(s) appearing for the Case

Hogan Lovells US LLP, New York City ( Lisa J. Fried and Allison M. Funk of counsel), for plaintiff.

Petroff Amshen LLP, Brooklyn ( Christopher Villanti of counsel), for defendants.


OPINION OF THE COURT

The issue presented at trial is whether plaintiff—an assignee at least two times removed from the holder of the original note—has standing to foreclose if the original note cannot be produced because it was lost or destroyed, and a previous court has already denied summary judgment...

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