Legal Topics

Mortgage foreclosure — Reestablishment of lost note

May 15th, 2018 in News by admin

Mortgage foreclosure — Reestablishment of lost note — Collateral estoppel — Assignee of note is not barred from seeking to reestablish lost note by fact that predecessor in interest unsuccessfully attempted to reestablish the same lost note in prior proceedings — Assignee’s affidavit of lost note was legally sufficient — Plaintiff entitled to judgment as matter of law in its favor on complaint for in rem mortgage foreclosure and reestablishment of lost promissory note and on affirmative defenses raised by defendant