Wells Fargo Bank, NA v Concepcion – 2013 NY Slip Op 50271 (U) [*1] Wells Fargo Bank, NA v Concepcion 2013 NY Slip Op 50271(U) Decided on February 22, 2013 Supreme Court, Suffolk County Whelan, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law 431.
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A ruling in your favor by judge or jury in a civil case does not necessarily end the lawsuit. Once a ruling is handed down, the losing party has a right to appeal. To do so, the loser must file a written notice of appeal generally within 30 days of the ruling. If he does so, the case goes to an appellate court for review.
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The plaintiff erroneously claims a foreclosure action is, “in essence,” a breach of contract case. Pl.’s Br., 8. The plaintiff’s action would be, in essence, a breach of contract. unwilling to extend counterclaims beyond those related to origination but are more
Plaintiff’s Memorandum of Points and Authorities in Support of its Motion for an Order Compelling Production of Documents and Answers to Interrogatories and for an Order Extending the Period for Jurisdictional Discovery.. Defendant has been unwilling to compromise on any point.
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agree to accept an offer to purchase the property rather than seek foreclosure. (Transcript at p. 4). However, the Plaintiff was unwilling to accept the proposed purchase agreement to buy the property. (Id.) The loan servicer then made a claim asserting an interest in this Charter One
In several other foreclosure cases pending in the county, where the borrower has not responded to the plaintiff’s complaint, other mortgage holders and servicers are in identical situations, as the court issued notices to appear and show cause why the properties should not be "transferred back to plaintiff without a judicial sale."