NY Appeals Court: Missed Filing Deadline Not Enough To Dismiss Foreclosure Action

In New York City, Thomson Reuters reports:

• A Brooklyn judge should not have tossed a foreclosure case just because the foreclosing bank's counsel--from the scandal-plagued Steven J. Baum P.C. law firm--missed a deadline for filing paperwork rebutting its alleged conflict of interest, a New York appeals court has ruled.



• The unanimous, unsigned order from the Appellate Division, Second Department, restores the foreclosure action brought against Kelvy Guichardo by the trustee for his mortgage US Bank NA. The case had been dismissed sua sponte by Kings County Justice Arthur Schack in a Nov. 8, 2010 ruling.

For more, see Late foreclosure filing not grounds for dismissal: NY court.

For the ruling, see U.S. Bank, N.A. v Guichardo, 2011 NY Slip Op 09630 (App. Div. 2nd Dept. December 27, 2011).