201412.12
0

A mortgagee/assignor agreed to assign a mortgage to our Bank client, but failed or refused to deliver the original assignment for recording purposes. On behalf of the Bank, we commenced an action against the assignor. We moved by order to show cause seeking a declaratory judgment that the Bank was the owner of the mortgage and note, a permanent injunction barring the assignor from transferring the mortgage and note, and appointment of a referee to specifically perform on the assignor’s behalf by executing a new assignment of the mortgage and note and delivering the original to the Bank. The Court granted our motion it is entirety.