Scott Mollen Foreclosure Orders; Default Judgement of Foreclosure and Sale; Water Charge Calculations: This Week In Scott Mollen's Realty Law Digest
Scott Mollen discusses "Universal Construction, Inc. v. Ramza," "Axos Bank v. Ottomanelli," and "Omega Mkt. v. NYC Dep't of Environmental Protection.
January 23, 2024 at 11:59 AM
16 minute read
Foreclosures—Although There Was a Failure To Comply With the Notice Provisions of Foreclosure Order, Evidence Indicated That Defendant Prior Owner Had Actual Notice of the Auction—Defendant Claimed To Have Gone to the Judge's Courtroom In Error, Instead of Foreclosure Auction Part—However, eCourt Notification That Counsel Received and E-Mail Correspondence Indicated That Appearance Was To Be Made In the Foreclosure Auction Part
A trial court order had granted nonparty "A's" cross-motion to confirm a special referee's report and had denied a motion by defendant "B" to vacate the subject foreclosure and sale and enjoin "A's" "ability to transfer the property." The Appellate Division (court) affirmed.
The court held that the trial court had "properly confirmed the special referee's report, as the report's findings were supported by the record…."
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