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PR E SENT:
Justice
Defendants.
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Plaintiffs application for a judgment of lireclosure and sale for the premises
located at 1816 East 32”dStreet, Brooklyn, New York (Block 8475, Lot 47, County of
Kings) is denied without prejudice. Plaintiff, Anierican Brokers Conduit/ c/o American
Home Mortgage Servicing, 4600 Regent Blvd., 1 wing Texas 75063, lacks standing to
bring this matter before the Court. Plaintiff, aftcr.commencing this action on February
28,2007, assigned the instant mortgages on March 5, 2007 to American Brokers Conduit,
538 Broadhollow Road, Melville, New York 11747, with the assignments recorded on
April 3,2007 at the Office of the City Register o F the City of New York, CRFN Numbers
2007000169450and2007000169451.
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The Court, as will be explained, has no ctioice but to deny the application for a
judgment of foreclosure and sale without prejudice. Plaintiff American Brokers Conduit
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c/o American Home Mortgage Servicing, 4600 Regent Blvd., Irving Texas 75063 lacks
Djs cuss
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100 NY2d 801, 812 (2003), cert denied 5 4 US 1017 (2003), declared that “[sltanding to
sue is critical to the proper functioning of the juJicia1 system. It is a threshold issue. If
standing is denied, the pathway to the courthousc is blocked. The plaintiff who has
standing, however, may cross the threshold and seek judicial redress.” Professor David
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[i]t is the law's policy to allow only an a-,*rievedperson to bring a
dismissal: (1) the courts have jurisdiction only over controversies; (2) a
(3) the courts therefore have no juristiicticln of the case when such a
In Caprer v Nussbaum, 36 AD3d 176, 18 I (2d Dept 2006), the Court held that
"[sltanding to sue requires an interest in the claiiii at issue in the lawsuit that the law will
recognize as a sufficient predicate for detcrtniniiig the issue at the litigant's request." If a
plaintiff lacks standing to sue, the plaintiff may Iiot proceed in the action. Stark v
It is clear that plaintiff American Broker, Conduit c/o American Home Mortgage
Servicing, 4600 Regent Blvd., Irving Texas 75063 lacks standing to sue since March 5,
2007, when it assigned its ownership of the Zar!ialloa mortgages to American Brokers
Conduit, 538 Broadhollow Road, Melville, Ne\\ York 11747, The Court, in Campaign v
Barba, 23 AD3d 327, instructed that "[tlo establish a prima facie case in an action to
foreclose a mortgage, the plaintiff must establisli the existence of the mortgage and the
mortgage note, ownership of the mortgage., and the defendant's default in payment
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[Emphasis addedJ." See Household Finance Rei!lty Corn. Of New York v Wvnn, 19
AD3d 545 (2d Dept 2005); Sears Mortgage corp, v Yahhobi, 19 AD3d 402 (2d Dept
2005); Ocwen Federal Bank FSB v Miller, 18 A1 )3d 527 (2d Dept 2005); U.S. Bank Trust
Nat. Ass'n Trustee v Butti, 16 AD3d 408 (2d Dcpt 2005); First Union Mortgage COT. v
m,298 AD2d 490 (2d Dept 2002); Villace Bqnk v Wild Oaks, Holding, Inc., 196 AD2d
8 12 (2d Dept 1993).
However, in light of the fact that Americi!n Brokers Conduit c/o American Home
Mortgage Servicing, 4600 Regent Blvd., Irving 'I'exas 75063 has established the existence
of the mortgage and the note, and defendant's dc.fault in payment, the Court is denying the
judgment of foreclosure and sale without prejucl t ce. If American Brokers Conduit c/o
American Home Mortgage Servicing, 4600 Regmt Blvd., Irving Texas 75063 moves to
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substitute assignee American Brokers Corduit, 538 Broadhollow Road, Melville, New
York 11747, pursuant to CPLR 0 1021, anJ no tither material facts change, the Court will
grant the substitution of plaintiff to American Brokers Conduit, 538 Broadhollow Road,
Melville, New York 11747, American Brokers Conduit, 538 Broadhollow Road, Melville,
New York 11747, which will allow the proper iiiortgagee, the one with standing, to
receive a judgment of foreclosure and sale. &.t Coast ProDerties. v Galang, 308 AD2d
43 1 (2d Dept 2003); Lincoln Savings Bank, FST3 v Wvnn, 7 AD3d 760 (2d Dept 2004);
Conclusion
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Accordingly, it is
American Home Mortgage Servicing, 4600 Kegcnt Blvd., Irving Texas 75063 for a
judgment of foreclosure and sale for the premise.; located at 18 16 East 32"dStreet,
Brooklyn, New York (Block 8475, Lot 47, County of Kings) is denied without prejudice.
E N T E R
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