Mahopac, NY asked in Real Estate Law, Appeals / Appellate Law and Legal Malpractice for New York

Q: went to a closing 12/4/2007, began signing mtg docs, seller would not sell house. rec'd atty letter no funding

funds could not be released. Chevy Chase Bank was assumed by Capital One bank 2009.

Completed takeover 2010. November 10, 2012 Chevy Chase a (DEFUNCT) bank filed a lien on the property (incorrectly - wrong block and lot number), Chevy Chase (DEFUNCT) bank assigned the purported mortgage to Capital one - 4/5/2013. House is being auctioned.

Question: How does a DEFUNCT bank file a lien (2) years after FDIC, US Treasury, Obudsmen etc approved the takeover in 2010 as Capital One.

1 Lawyer Answer
Daniel Michael Luisi
Daniel Michael Luisi
  • Appeals & Appellate Lawyer
  • Licensed in New York

A: When is the foreclosure auction scheduled? If there was a defect in the assignment, you may be able to file an Order to Show Cause to stay the sale, but only before the auction is completed. After that you would have a very hard time undoing the sale.

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