In December 2005, Moses Sukljian signed a mortgage with WMC Mortgage Corp. for a home in Albany County, agreeing to repay a loan that would later see its terms reshaped.
The original note was transferred to Ocwen Loan Servicing in 2018 and later merged with PHH Mortgage, where the lender increased the principal balance and fixed a new monthly payment.
US Bank National Association filed a foreclosure suit in July 2023, citing missed payments and presenting the 2018 modification, payment records, and a default notice, and asked for a trustee to calculate the debt owed.
A 2025 trial court ruled in the bank’s favor, deeming its documents sufficient and ordering Sukljian to pay the debt, but the appeals court reversed, finding the bank had not proven that the promissory note endorsement and allonge were properly attached when the lawsuit was filed.
The ruling voids the foreclosure order and demands that the bank supply new evidence proving its legal right to enforce the loan before the case can proceed. Sukljian, who has lived in the home since 2005, retains his property, while the bank is expected to file a motion for reconsideration by next month.