U.S. Bank National Association v. Hunte

215 A.D.3d 887 (2023)

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Nature Of The Case

This section contains the nature of the case and procedural background.

Facts

Adrian Hunte (borrower) executed a note in the amount of $440,000 in favor of nonparty Mortgage Lenders Network USA, Inc. (Mortgage Lenders). The note was secured by a mortgage on certain real property located in Brooklyn. P, Mortgage Lenders' successor in interest, commenced the instant action to foreclose the mortgage against Ds. P rejected Ds' answer as untimely. P moved for leave to enter a default judgment against Ds. Ds cross-moved pursuant to CPLR 5015(a)(1) to vacate their default in answering the complaint and pursuant to CPLR 3012(d) for leave to serve a late answer. Ds also argued that P failed to establish standing. The court granted P's motions, which were for leave to enter a default judgment against Ds, and denied the Ds' cross-motion to vacate their default in answering the complaint and for leave to serve a late answer. Ds appealed.

Issues

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Holding & Decision

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Legal Analysis

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