On March 29, 2013, the Appellate Division, 2nd Judicial Department, Supreme Court of the State of New York ruled that the order denying the dismissal of the complaint, all relative to the foreclosure on the mortgage of Patricia Hamilton’s home should be reversed. Ms. Hamilton’s home in Westchester County was foreclosed upon in a foreclosure auction. She turned to the attorneys at Rubin & Licatesi, P.C. for help.
In the case of HSBC Bank USA et al v Patricia Hamilton, et al., Ms. Hamilton moved to vacate the judgment of foreclosure and sale of her home after she did not answer or appear. She claimed that she was not properly served with the summons and complaint and related foreclosure notice.
The plaintiff claimed that it served the appropriate summons and in the appropriate manner by employing the personal delivery to a member of Ms. Hamilton’s family and thereafter by mail. The Appellate Division, in this ruling, ruled that the Supreme Court erred to the extent that the family member was physically out of state on the date of the alleged service and that there was insufficient evidence at the hearing to establish proper service.
After reviewing the evidence and the record on appeal, the Appellate Division ruled in favor of Ms. Hamilton and after finding that the plaintiff failed to meet its burden of proof, dismissed the complaint for lack of personal jurisdiction.
During economically difficult times, many people face financial troubles and home foreclosures. With the help of the foreclosure defense attorneys at Rubin & Licatesi, P.C., you can get the second chance you deserve.