The Second Department affirmed denial of a motion to restore a foreclosure action, holding that the Foreclosure Abuse Prevention Act deemed the original action discontinued when a second action was commenced without leave of court.
The Second Department affirmed denial of a motion to vacate default dismissal of a mortgage discharge action, finding counsel’s claim of law office failure was mere neglect insufficient to establish a reasonable excuse.
The Second Department affirmed denial of summary judgment in a mortgage foreclosure, finding Deutsche Bank failed to demonstrate standing as holder or assignee of the note at commencement.
Appellate Division affirms judgment of foreclosure and sale, upholding summary judgment for lender and denial of borrower’s motion to amend answer with meritless defenses.
Appellate Division affirms leave to amend foreclosure complaint to add party that acquired interest in mortgaged property during pendency of action.
Appellate Division affirms denial of pro se defendant’s motion to challenge foreclosure counsel’s authority, finding loan servicer’s CPLR 2106 affirmation sufficient.
Appellate Division reverses summary judgment in foreclosure action, finding plaintiff failed to demonstrate strict compliance with RPAPL 1304 ninety-day notice requirement.
Appellate Division affirms denial of CPLR 317 motion to vacate default in foreclosure, finding defendant failed to show lack of actual notice and a meritorious defense.
Appellate Division affirms denial of CPLR 3211(a)(10) motion to dismiss foreclosure for failure to join necessary parties, finding the motion untimely after entry of judgment of foreclosure and sale.
Second Department affirms mortgage foreclosure judgment, finding plaintiff established standing, default, and RPAPL 1304/1306 compliance, with defendant’s admissions supporting the case.