The following papers numbered 1 to 7 read herein:Papers NumberedNotice of Motion/Order to Show Cause/Petition/Cross Motion and Affidavits (Affirmations) Annexed 1-3, 4-6Opposing Affidavits (Affirmations) 7Reply Affidavits (Affirmations) 7Affidavit (Affirmation)Other Papers
*1 Upon the foregoing papers, plaintiffs Jillian Solomon and Grand National Realty 1 LLC (GNR) move for an order, pursuant to CPLR 3212, granting summary judgment in their favor. Defendants HSBC Bank USA, National Association, as Trustee for Nomura Asset Acceptance Corporation Mortgage Pass-Through Certificates, Series 2007-3 (HSBC) and Wells Fargo Bank, N.A. as Attorney-in-Fact for HSBC Bank USA, National Association, as Trustee for Nomura Asset Acceptance Corporation Mortgage Pass-Through Certificates, Series 2007-3 (WFB) cross-move for an order, pursuant to CPLR 3212, granting them summary judgment dismissing the complaint.Plaintiffs commenced this action to discharge and cancel of record a mortgage encumbering the property at 527 Cleveland Street in Brooklyn. The mortgage was executed by Solomon on December 13, 2006 to secure a note in favor of First United Mortgage Banking Corp. (FUMBC) in the amount of $488,000.00. On December 17, 2007, FUMBC commenced a foreclosure action against Solomon (First United Mortgage Banking Corp. v. Solomon, et al., Sup Ct, Kings County, Index No. 45848/07) (first foreclosure action). According to the complaint, Solomon defaulted under the terms of the mortgage and note by failing to make the monthly payment due on September 1, 2007. As the result of Solomon’s failure to timely answer or appear, an order of reference was issued on March 11, 2009. The order further amended the caption to substitute “HSBC Bank USA, National Association, as Trustee for NAAC 2007-3,” as plaintiff. By deed dated November 3, 2011, Solomon conveyed the subject property to GNR. On November