Subject matter v in personam jurisdiction of court NYS court?

Real Estate 4 views 2 answers
In NYS bank must own both note & mortgage on or before the date of filing foreclosure complaint in court. If bank did not own note on date of filing what would law define it as--LACK OF SUBJECT MATTER JURISDICTION OR LACK OF IN PERSONAM JURISDICTION? Would this make decision of that court VOID AS A MATTER OF LAW AS U.S.Supreme court has ruled many times in last 100 years?

Attorney Answers

2
Jack Mevorach ·
Question is confusing. You seem to presume lack of jurisdiction. Please rephrase question.
0 upvotes
Laurence Drew BortenImmigration AttorneyNew York, NY ·
If anything, it is lack of standing, which is a form of subject matter jurisdiction. It may also simply be a statutory requirement in order to state a cause of action.
0 upvotes

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