In the beginning of 2011, we started representing a borrower in a foreclosure matter that was started in 2007. She told us she never lived at the address she was allegedly served at. We promptly filed a motion to dismiss the entire case on her behalf.
The court ordered a traverse hearing to determine if our client had been properly served. Astonishingly, the bank presented no admissible evidence to prove that our client had been served. We rested our case, and a few months later the judge dismissed the entire action.
The case is available at Index Number 26310/2007 in the Supreme Court for Kings County, New York. We look forward to bringing an action pursuant to the RPAPL 1501(4) to discharge the mortgage of record for our client so she can move on.