TLSS attorneys Stephen Straus and Jeremy Monosov recently obtained dismissal of a complaint that certain mortgagors of residential premises filed against TLSS’s client, among others, in connection with an underlying mortgage foreclosure proceeding. In Davis v. Washington Mutual Bank f/k/a Washington Mutual Bank, F.A., JPMorgan Chase Bank, F.A. individually and as successor to Washington Mutual Bank f/k/a Washington Mutual Bank, F.A., Rosicki, Rosicki & Associates, P.C., Enterprise Process Service, Inc., Robert Winckelmann and Fed’l National Mortgage Assoc., Index No. 59592/12 (N.Y. Sup. Ct. Westchester County), plaintiffs alleged that defendant Washington Mutual Bank (“WAMU”) improperly obtained a default judgment in an action to foreclose on a mortgage securing the bank’s loan to plaintiffs to purchase the premises. WAMU then allegedly sold the premises at a foreclosure sale to defendant Federal National Mortgage Association (“FNMA”). TLSS’s client was the law firm that allegedly represented WAMU during the foreclosure proceeding.
The court in the foreclosure action eventually overturned the default judgment upon finding that legal process had not been served at the mortgagor’s home address, even though the process server’s sworn affidavit stated that service had been effected there. It was disclosed that the process server had been criminally charged with numerous separate instances of filing false affidavits related to service of complaints in bank foreclosure proceedings. The affidavit of service was thus declared a nullity and the default was lifted.
The mortgagors subsequently commenced suit against WAMU, FNMA, the process server and the law firm that represented the lender in the foreclosure proceeding. The complaint contained sixteen (16) causes of action stemming from the alleged failure to serve process on plaintiffs in the foreclosure action