notice of pendency.[3] Gerald defaulted in appearing and, in 2013, the lender’s motion for a default judgment A judgment of foreclosure and sale was issued in February of 2017. In November of 2017, the lender withdrew the judgment of foreclosure and sale. The lender moved for summary judgment against the LLC and the LLC cross-moved for summary judgment dismissing “Here, a judgment of foreclosure and sale would not similarly affect Gerald and the LLC, as Gerald no

the mortgagor/property owner died intestate, and the mortgagee/lender was not seeking a deficiency judgment Further, because the Decedent died intestate and no deficiency judgment was sought against the estate Thus, where a mortgagor/property owner dies intestate and the mortgagee does not seek a deficiency judgment Here, because the decedent died intestate, and because the plaintiff no longer seeks a deficiency judgment

In 2014, WTC obtained a judgment (the “Judgment”) against Hellas Finance and Hellas I (the “Judgment The Judgment was based on the failure of the Judgment Debtors to pay the amounts due under the Notes. survived against nine of the original defendants: the third cause of action, seeking enforcement of the Judgment Following discovery, defendants moved for summary judgment dismissing the action. The Court held that Plaintiff failed to raise an issue of fact precluding summary judgment in favor of

3215(c) provides, in pertinent part, that: If the plaintiff fails to take proceedings for the entry of judgment within one year after the default, the court shall not enter judgment but shall dismiss the complaint Finally, a default judgment need not be obtained within one year, as long as proceedings to obtain a default judgment have been initiated. Since the did not fail to take timely proceedings for a judgment against the within the meaning of

inter vivos gift of his shares in the Corporation to his son, such that defendant was entitled to a judgment Plaintiff moved for summary judgment seeking, among other relief, a declaration that she owned a 25% Defendant cross-moved for summary judgment, asserting that he was the Corporation’s sole owner based The Court held that “plaintiff failed to establish her entitlement to judgment as a matter of law.”[13 a 25% ownership interest in the Corporation, and properly denied the defendants’ motion for summary judgment

Such action can include, but is not limited to, commencing legal action and/or accelerating the unpaid and 15 of the mortgage “require service of a specified default notice as a condition precedent to the acceleration Lender moved for summary judgment on the complaint and to dismiss defendants’ affirmative defenses and The referee’s report was confirmed and a judgment of foreclosure and sale was entered.   On defendants’ appeal, the Second Department, inter alia , reversed the judgment of foreclosure and sale

or mentally incapacitated, or is removed, suspended or otherwise becomes disabled at any time before judgment Thereafter, in March of 2016, the motion court granted the lender’s unopposed motion for summary judgment When the lender moved in June of 2018 to confirm the referee’s report and for a judgment of foreclosure The motion court granted the lender’s motion, denied the borrower’s cross-motion and issued a judgment of foreclosure and sale and cross-moved to vacate the summary judgment order in September 2018.

Subsequently, in 2017, the motion court entered a judgment of foreclosure and sale. A court may exercise its inherent equitable power over a sale made pursuant to its judgment or decree A judgment of foreclosure and sale does not divest the mortgagor of its title and interest in the property example, where a mortgagor/property owner dies intestate, and the mortgagee does not seek a deficiency judgment

Most mortgages, however, provide that a mortgagee may accelerate the entire debt in the event of, inter Thus, “the terms of the mortgage may contain an acceleration clause that gives the lender the option Once the mortgagee’s election to accelerate is properly made, “the borrower’s right and obligation to The statute of limitations begins to run anew on the entire debt upon acceleration.  Even though the underlying loan was accelerated by the commencement of the 2007 Foreclosure Action and

right to redeem the equity of redemption can be exercised “at any time before an actual sale under a judgment In 2024, the motion court “issued an order for final judgment of foreclosure and sale and a money judgment defendant made two payments to the plaintiff, in lieu of bringing the foreclosure to sale pursuant to the judgment

On July 24, 2023, Conduent moved for summary judgment on Skyview’s claims and in favor of Conduent’s That same day, Skyview moved for partial summary judgment on its “ordinary course contract” claim. denying Conduent’s motion as to Skyview’s claims in all other respects, (3) granting Skyview summary judgment as to its ordinary course contract claim, and (4) granting Conduent summary judgment as to its counterclaims third counterclaim and remand for a hearing on that claim, deny Skyview’s motion for partial summary judgment

foreclosing mortgagees must submit appropriate proof in admissible form in order to prevail on a summary judgment The supreme court in Brody, inter alia , granted plaintiff’s motion for summary judgment, but the Second Thus, the Brody Court held that the plaintiff’s motion for summary judgment and for the appointment sufficient to establish standing, defeat Brody’s affirmative defense and support the grant of summary judgment Courts continue to force parties to lay bare their proof if they expect to be granted summary judgment