Justice Francois Rivera
SRMOF 2009-1 Trust moved to extend its time to comply with a court order directing Citimortgage to comply with Administrative Order 548/10. Citi commenced this action to foreclose on real property, and moved for an order of reference. The court directed Citi to comply with AO 548/10 within 60 days of Aug. 6, 2012, yet to date Citi failed to comply. AO 548/10 required plaintiff’s counsel in a residential mortgage foreclosure suit to file an affirmation confirming the accuracy of plaintiff’s pleadings with the court. Attorney Chen averred Citi was the holder of the note and mortgage when the action was commenced. She claimed Citi transferred and assigned the mortgage to Selene Finance LP who transferred and assigned it to the trust. Yet, the court noted Chen only spoke of the assignment of the mortgage, but not the note, stating an assignment of the mortgage without the underlying note was a nullity. Also, Chen’s affirmation failed to show any personal knowledge of the assignments or underlying facts of the complaint, thus movant failed to provide a basis for relief under CPLR 2211. Therefore, there was no evidence Citi transferred its interest to the trust, and the trust’s motion for an extension of time was denied.
