NO FORECLOSING DEFAULTS
In Wells Fargo Bank v. Linzenberg, Wells Fargo foreclosed on a mortgage held by Karen Linzenberg who failed to answer the complaint and had a judgment issued against her on default.
Since a New York State law -- CPLR 5015(a)(1) -- allows a court to vacate a judgment when the defaulting party demonstrates a reasonable excuse for not answering or appearing and has a "meritorious" defense to the litigation, the Rockland County Supreme Court granted Linzenberg's request.
On its review of the record, the Appellate Division, Second Department, reinstated the foreclosure judgment, citing Linzenberg's failure to meet the law's requirements. (The AD2 found her allegations that the bank engaged in fraudulent activity to be "broad and unsubstantiated.")
That foreclosed that.
For a copy of the Appellate Division's decision, please use this link: Wells Fargo Bank v. Linzenberg
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Comments
The name "Wells Fargo" in the caption, in and of itself, should be grounds to vacate a judgment. Here's a rundown of the shenanigans, including numerous questionable subprime activities, perpetrated this so-called "bank" over the past 14 years:
http://www.innercitypress.org/wells.html
Posted by: Gines Pasamonte | August 11, 2008 1:54 PM
The name "Wells Fargo" in the caption, in and of itself, should be grounds to vacate a judgment. Here's a rundown of the shenanigans, including numerous questionable subprime activities, perpetrated this so-called "bank" over the past 14 years:
http://www.innercitypress.org/wells.html
Posted by: Gines Pasamonte | August 11, 2008 2:00 PM