Legal Question in Real Estate Law in New York
when a contract/mortgage note is signed, and the mortgage company goes out of business and fails to assign the mortgage to the trustee, can they still be listed as plaintiff in legal action even though they no longer exist and have not assigned the mortgage or power of attorney to subsequent trustees when they went out of business. does the alleged trustee have the right to foreclose if they are not listed as assignee/recorded lien holder of the mortgage with the county clerk?
Asked on 8/28/09, 1:08 pm
1 Answer from Attorneys
Thomas Sirianni
The Law Office of Thomas A. Sirianni
Your question is a complicated one and requires more facts feel free to call me direct. The call gets forwarded to my cell phone if I am not in the office. Call me at 516-314-1343
Tommy
Answered on 9/10/09, 11:27 am