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Lender Proves its Standing to Bring Action

12/28/2020

 
NEW YORK CASE LAW UPDATE
U.S. Bank Trust, N.A v Moomey-Stevens, ___AD3d___, 2020 NY Slip Op 07440 [3d Dept 2020]
On appeal, the Appellate Division affirmed the Supreme Court’s post-trial decision in a foreclosure action, finding that the lender had proven its standing to bring the action as it had physical possession of original note at time the action was commenced as loan servicer's electronic inventory report, together with testimony from default servicing officer, showed that plaintiff came into physical possession of the note in 2016 before commencement of the action in 2017.

Appellate Division Affirms Supreme Court's Granting of Summary Judgement

12/28/2020

 
NEW YORK CASE LAW UPDATE
Aspen Shackleton III, LLC v Gordon, 189 AD3d 967 [2d Dept 2020]
On an appeal brought by an HOA seeking review of a summary judgment order issued in a foreclosure action on a modified mortgage, the Appellate Division affirmed the Supreme Court’s granting of summary judgment in favor of the lender, finding that HOA’s continuing lien for unpaid common charges created by its governing Declaration of Covenants, Restrictions, Easements, Charges and Liens, which was recorded prior to the mortgage, “merely provided for a potential lien” for unpaid common charges incurred by the borrower, and thus, gave notice “only of a potential claim” that did not have priority over the lender’s mortgage.

Appellate Division Reverses Supreme Court's Denial

12/28/2020

 
NEW YORK CASE LAW UPDATE
Wells Fargo Bank, N.A. v Khan, 188 AD3d 952 [2d Dept 2020]
In a rare reversal of a trial court’s denial of a reargument motion on appeal, the Appellate Division reversed the Supreme Court’s denial of the lender’s reargument motion for summary judgment in a foreclosure action, finding that the lender had established its standing to commence the action “by attaching a copy of the note, indorsed in blank, to the complaint”, and that the borrowers’ allegations of fraud “failed to raise a triable issue of fact”.

LOGS Legal Network Announcement: Leadership Developments

12/18/2020

 
The LOGS Executive team recently announced plans to simplify our legal structure. We have been inspired by the overwhelmingly positive feedback our valued clients have shared. Thank you for the trust you have placed in us.

An essential part of this organizational transformation is establishing a structure that provides increased growth and leadership opportunity for our valued and talented team members and supports the future direction of the industry. As we advance to the next phase of this initiative, these key individuals will join our leadership team as Regional Partners:
  • Kristine Brown, Esq.: Ms. Brown joined the firm in 2001 as an Associate Attorney and was named Managing Partner in 2012. She has nearly 20 years of experience providing default management and related legal services in multiple states.
  • John DiCaro, Esq.: Mr. DiCaro joined the New York firm in 1992 and was named Managing Partner in 1996. He has 38 years of experience providing default management and related legal services.
  • Denise Elder, Esq.: Ms. Elder joined the Florida firm in 2006 as an Associate. In 2014, she joined the National Operations team, where she provided litigation and legal operations support to firms throughout the network and managed the replevin line of business. Ms. Elder has 14 years of experience in providing default management and related legal services.
  • Ronald Gaché, Esq.: Mr. Gaché joined the Florida firm as Managing Litigation Partner in February 2011 and was named Managing Partner in 2019. He has over 31 years of litigation and default management related legal services. 
  • Matthew Murtland, Esq.: Mr. Murtland joined the Ohio firm as an Associate in 2012 and was named Managing Attorney in 2020. He has over 8 years’ experience specializing in Creditor Rights Law in multiple states.
  • Melissa Porter, Esq.: Ms. Porter joined our Minnesota firm in 2007 and was named Managing Partner in 2018. She has over 20 years of experience providing default management and related legal services. 

We are excited to announce Jason Purser, Esq., as Managing Attorney for the State of North Carolina. Mr. Purser joined the firm in 2003 as an Associate and has 17 years of end-to-end experience in the creditors’ rights industry.

In addition to the attorney leadership roles, we are announcing the following key operational leadership roles.  
  • Ilene Cooper: Ms. Cooper will serve as Senior Director of Foreclosure Operations. She has nearly 30 years of experience in the legal and mortgage servicing industry and law firm administration. Ms. Cooper has a Bachelor of Arts from the University of California, San Diego, and a law degree from the University of San Diego.
  • Andrea Thompson: Ms. Thompson will serve as Senior Director of Bankruptcy Operations. She has 20 years of experience in the legal and mortgage servicing industry and law firm administration and spent several years with Freddie Mac’s Designated counsel program. Ms. Thompson has a Bachelor of Arts in Government and International Politics with a minor in legal studies from George Mason University.
  • Donni Matthew: Ms. Matthew will serve as Senior Director of National Support. She joined LOGS over 25 years ago and has extensive experience in the legal and mortgage servicing industry, with a special focus on technology, integration, and client-facing communication.

The strategic promotion of these key leaders entrusts their unique strengths to drive our ongoing commitment to excellence and innovation in providing outstanding client service and help lead us into the future in an ever-evolving marketplace.
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