The following two orders by Judge Jeffrey Arlen SPINNER, of Suffolk, should be of interest:
GMAC Mortgage LLC v MARSH, Jeffrey Arlen SPINNER, Suffolk, Index No. 17486/2007
In GMAC Mortgage LLC v MARSH, Judge Jeffrey Arlen SPINNER denied a motion for summary judgment and reference order in a case wherein he noted the plaintiff's proffer a promissory note lacking a valid ENDORSEMENT in favor of the plaintiff (there was an "allonge" containing an endorsement, but the allonge did NOT appear to be permanently attached to the promissory note), as well as several other issues. Judge SPINNER seems troubled by the fact that the promissory note is alleged to have been executed by the borrower in Fairfax, Virginia, the same date that the mortgage was purportedly executed in Suffolk County, New York (this is a NEW ONE to me evasion of New York lending laws regarding promissory notess???). Judge SPINNER notes that the affidavit of merit certifying the amount due is from a stranger to the transaction (John A. MALLABER of Graystone Solutions, Inc.). Judge SPINNER notes that the assignment with an antedated effective date purports to convey an interest in the promissory note, although MERS is neither the owner nor the holder thereof.
Wells Fargo Bank NA v WHITWORTH, Jeffrey Arlen SPINNER, Suffolk, Index No. 08038/2007
In Wells Fargo Bank NA v WHITWORTH, Judge SPINNER notes that the "Attorney's Affirmation of Regularity" shows a principal amount due which EXCEEDS the principal amount shown in the original mortgage and denies an Order of Reference on that basis.