Legal Opinion
U.S. Bank, N.A. v. Guichardo
Appellate Division of the Supreme Court of the State of New York
Decided December 27, 2011PublishedCited by 11 opinions
1Opinion of the Court
The defendant Kelvy Guichardo (hereinafter the defendant) defaulted on his mortgage loan and the plaintiff subsequently commenced this action to foreclose the mortgage. The plaintiff moved to direct service upon the defendant by publication and for certain other related relief. The Supreme Court, however, became concerned about a potential conflict of interest due to the plaintiffs counsel, Steven J. Baum, EC., representing both the plaintiff, the assignee of the subject mortgage, and the defendant Mortgage Electronic Registration Systems, Inc. (hereinafter MERS), as nominee for Aegis Funding…
2Cases cited3 opinions
- U.S. Bank, National Ass'n v. EmmanuelAppellate Division of the Supreme Court of the State of New York · 2011
- Rienzi v. RienziAppellate Division of the Supreme Court of the State of New York · 2005
- HSBC Bank USA, N.A. v. ValentinAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by11 opinions
- HSBC Bank USA, N.A. v. TaherAppellate Division of the Supreme Court of the State of New York · 2013
- Bank of New York v. CastilloAppellate Division of the Supreme Court of the State of New York · 2014
- U.S. Bank National Ass'n v. PolancoAppellate Division of the Supreme Court of the State of New York · 2015
- CitiMortgage, Inc. Ex Rel. CitiFinancial Mortgage Co. v. LottridgeAppellate Division of the Supreme Court of the State of New York · 2016
- CITIMORGAGE, INC. v. CARTER, KIP C.Appellate Division of the Supreme Court of the State of New York · 2016
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