Brooks-Smith v. Washington Mutual Bank

NEW YORK COUNTY
Real Property

New York Law Journal

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Justice Carol Robinson Edmead

JP Morgan Chase moved to dismiss Brooks-Smith's complaint in this foreclosure proceeding by Washington Mutual Bank, that Chase acquired- against plaintiff. Four years after beginning the foreclosure action, Brooks-Smith alleged Chase lacked standing to foreclose on the property as it was not the holder of the note or mortgage, thus, was not a real party in interest. Chase alleged plaintiff's appointed attorney-in-fact, King, had no authority to file a complaint on plaintiff's behalf, and noted plaintiff's new power of attorney did not cure the deficiency in his initial filing. The court found plaintiff failed to show entitlement to summary judgment, noting he submitted no evidence supporting his allegation that defendants were in default. It ruled while King had no authority to file a complaint on behalf of the pro se plaintiff, the complaint was also signed by Brooks-Smith on his own behalf, hence, it declines to strike plaintiff's pleading. Yet, the court found the complaint should be dismissed for failure to state a cause of action based on lack of standing.

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