Saxon Mortgage Services v. Jackman
Justice Laura L. Jacobson
Saxon Mortgage Services sought an order of reference in this mortgage foreclosure action affecting the subject real property. Defendants opposed the order, challenging Saxon's standing to bring the action. At a conference, Saxon acknowledged it did not own the note, which was sold to Morgan Stanley in 2007. An affirmation alleged that after the sale of the debt to Morgan Stanley, Morgan Stanley entered into an agreement with Saxon to service defendant's loan. But the court noted it was unclear if defendant was ever notified Saxon was not the owner of the note and mortgage, but merely maintaining the subject action as the agent or servicing agent of the note's owner. The court further noted the complaint never revealed the basis on which Saxon brought the proceeding. It stated Saxon failed to properly set forth its status in the complaint, and neither revealed there was a principal nor the identity of such principal. Therefore, the court granted defendant's application to dismiss the foreclosure proceeding based on Saxon's lack of standing. Hence, the complaint was dismissed and the notice of pendency was vacated, and deemed void.