A homeowner has brought a federal lawsuit alleging that a major financial institution and its legal representatives pursued a foreclosure despite having no valid interest in the property’s mortgage, raising questions about property rights and legal process for residents facing similar disputes. The complaint was filed by Jocelyn Edouard, individually and as Administratrix of the Estate of Jean Edouard (also known as Jean Maurice Edouard), in the United States District Court for the Eastern District of New York on March 25, 2026. The defendants named are Bank of America, N.A., Leopold & Associates PLLC, and Friedman Vartolo LLP.
According to court documents, the dispute centers on a property located at 1423 Langdon Boulevard in Rockville Centre, New York. The plaintiff alleges that although Bank of America transferred servicing rights for the home loan to Ocwen Loan Servicing effective February 1, 2014—and explicitly stated it had "no further interest in this loan as either owner or servicer"—the bank and its attorneys continued to pursue foreclosure proceedings against her. A letter from Bank of America dated October 25, 2023 reiterated this position: "When we researched your question about this account, we found that we transferred your loan to Ocwen Loan Servicing effective February 01, 2014. After the transfer was completed Bank of America had no further interest in this loan as either owner or servicer."
Despite these written acknowledgments, the plaintiff asserts that Bank of America initiated a foreclosure action through Friedman Vartolo LLP in Nassau County Supreme Court under Index No. 013422/2013. The complaint states that at the time the foreclosure was filed, there was no valid assignment of mortgage or evidence that Bank of America possessed the note required for standing.
The court record shows that on February 28, 2023, Justice David P. Sullivan denied Bank of America's motion for summary judgment due to failure to establish possession of the note prior to commencement—a key requirement for standing in mortgage cases. When Bank of America sought leave to reargue this decision on October 27, 2023, their motion was again denied with the court finding no new facts or law had been overlooked.
Nevertheless, according to Edouard's filing, defendants appealed these decisions to the Appellate Division, Second Judicial Department. The appellate court granted leave to appeal and defendants subsequently filed a Successive Notice of Pendency (Lis Pendens) with Nassau County Clerk on July 22, 2024 (Instrument Number 2024-00326545), even though Edouard contends they lacked legal authority given prior adverse rulings.
The lawsuit details allegations that throughout these proceedings defendants relied on "fraudulent and forged documents," including purported assignments manufactured without proper authority or backdated after litigation began. It is alleged that MERS (Mortgage Electronic Registration Systems), which initially held nominee status for GreenPoint Mortgage Funding Inc., did not have substantive rights allowing it to assign either note or mortgage validly.
Edouard's complaint includes six causes of action: fraud; abuse of process; slander of title; conspiracy to commit fraud; intentional infliction of emotional distress; and declaratory relief. She claims she suffered damages such as legal fees, credit harm, emotional distress—including physical health issues—and loss related to her home.
Among other remedies sought from the federal court are: declarations voiding any claim by Bank of America over her mortgage; orders dismissing underlying state foreclosure actions with prejudice; cancellation and discharge of all notices clouding her title; permanent injunctions barring future foreclosure attempts by any defendant; compensatory damages; punitive damages totaling $10 million plus costs and attorneys’ fees.
The case identifies Steven J. Borofsky as attorney for some defendants in related state proceedings while Juliana Thibaut is listed as counsel at Friedman Vartolo LLP representing plaintiffs in those matters. Judge David P. Sullivan is named as presiding over relevant state court decisions referenced within the federal complaint. The federal case is docketed under Civil Action No.: 2:26-cv-01771-SJB-LGD.
Source: 226cv01771_Edouard_v_Bank_of_America_Complaint_Eastern_District_New_York.pdf