Opinion
2013-03-5
JP MORGAN CHASE BANK, NATIONAL ASSOCIATION, Plaintiff–Respondent, v. Saadia SHAPIRO, Defendant–Appellant, JPMorgan Chase Bank, National Association Successor in Interest to Washington Mutual Bank, et al., Defendants.
Shapiro & Associates, Attorneys at Law, PLLC, Brooklyn (Robert J. Stone, Jr., of counsel), for appellant. Parker Ibrahim & Berg LLC, New York (Scott W. Parker of counsel), for respondent.
Shapiro & Associates, Attorneys at Law, PLLC, Brooklyn (Robert J. Stone, Jr., of counsel), for appellant. Parker Ibrahim & Berg LLC, New York (Scott W. Parker of counsel), for respondent.
Order, Supreme Court, New York County (Carol E. Huff, J.), entered August 11, 2010, which, insofar as appealed from as limited by the briefs, granted plaintiff's motion for summary judgment, unanimously affirmed, without costs.
Plaintiff submitted proof of the existence of a mortgage and of default. This constituted a prima facie showing of entitlement to summary judgment in this foreclosure action ( see Deutsche Bank Natl. Trust Co. v. Gordon, 84 A.D.3d 443, 922 N.Y.S.2d 66 [1st Dept. 2011];Bank Leumi Trust Co. of N.Y. v. Lightning Park, 215 A.D.2d 246, 247, 626 N.Y.S.2d 202 [1st Dept. 1995] ). The underlying mortgage and note were originally held by Washington Mutual Bank, FA (WAMU). Plaintiff submitted the affidavit of an employee who identified herself as having personal knowledge of, inter alia, plaintiff's status as successor-in-interest to WAMU and defendant Saadia Shapiro's default. This was based upon her review of plaintiff's books and records and its account records regarding Shapiro's delinquent account ( seeCPLR 3212[b] ). In opposition, Shapiro failed to raise a triable issue of fact.
Indeed, this Court recently recognized plaintiff's status as WAMU's successor-in-interest for all of its loans and loan commitments, with standing to foreclose on mortgages formerly held by WAMU ( see JP Morgan Chase Bank N.A. v. Miodownik, 91 A.D.3d 546, 547, 937 N.Y.S.2d 192 [1st Dept. 2012],lv. dismissed 19 N.Y.3d 1017, 951 N.Y.S.2d 712, 976 N.E.2d 241 [2012] ).