Garden City, NY Foreclosure Defense Attorneys at Rubin & Licatesi, P.C. Win a Reversal on Appeal

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Attorney Richard H. Rubin of Rubin & Licatesi, P.C. won a foreclosure defense case in New York appellate court.

It’s foundational. The bedrock of our legal system is the right to be heard in a court of law. That’s what the Supreme Court denied our client, and that’s what this reversal restores.

After an appellate court ruled in his client’s favor on April 8, 2015, attorney Richard H. Rubin called it a victory for basic civil rights: “It’s foundational. The bedrock of our legal system is the right to be heard in a court of law. That’s what the Supreme Court denied our client, and that’s what this reversal restores.”

According to court documents, the controversy started when Central Mortgage Company filed suit in Suffolk County against Rubin’s client James Ward to foreclose on a mortgage (Index No. 38066/10). When Ward didn’t respond, the trial court granted CMC’s motion for judgment. Ward claimed he hadn’t been properly served with a summons and complaint, so he’d effectively been denied an opportunity to respond. CMC’s process server admitted it had not served Ward personally; instead it had mailed process — pursuant to CPLR 308(2) — to an address CMC claimed was Ward’s “actual…dwelling place or usual place of abode.” But Rubin submitted evidence that Ward had never lived at that address and, in fact, had lived elsewhere continuously since 2005.

When the trial court refused to grant a hearing on the issue, Rubin filed an appeal on Ward’s behalf. “CMC had prima facie evidence of service,” Rubin said, “but our client had strong enough rebuttal evidence to compel a hearing.” The court documents stated that the Appellate Division agreed with Rubin’s argument and reversed the lower court’s ruling. Ward is still not guaranteed a hearing on the substance of the foreclosure. To get that far, Rubin et al. must prevail in the hearing on service of process.

“So many homeowners are hurting,” Rubin stated, “the least we can do is protect their right to due process. We serve homeowners and business owners in their fight for civil rights and equal protection under the law. We are not interested in demonizing a lender or financial institution, but we must demonstrate on behalf of our clients, their right to effective legal representation in mortgage foreclosure lawsuits. We’re interested in effective resolutions that benefit our clients.”

About Rubin & Licatesi, P.C.

Rubin & Licatesi, P.C. is a full-service personal injury and real estate law firm in Garden City, New York. Known as a small firm that delivers big results, Rubin & Licatesi often finds its attorneys fighting an underdog battle against powerful opponents. Rubin said, “When we come through for a client, and help a family keep their home, it’s a great feeling that justifies all the long hours.”

For further information, visit their website or contact Rubin & Licatesi, P.C. at 516.204.7715.

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Richard H. Rubin