Nationstar v. Davis

Nationstar Mortgage, LLC., Petitioner,againstCarol L. Davis, DOUGLAS DAVIS and JOSEPH E. DAVIS, “JOHN DOE’ and “JANE DOE”, Respondents.

*1In this holdover proceeding, respondent Charles Davis moves by order to show cause seeking an order vacating the judgment of possession in favor of petitioner and the warrant of eviction. Petitioner opposes the motion.In June 2017, petitioner commenced a summary proceeding seeking possession of the premises at 150 S. 6th Avenue, Mount Vernon, New York, due to respondent’s failure to vacate the premises after petitioner acquired title to the property as a result of its sale in a foreclosure action.Petitioner was granted a Final Judgment of Foreclosure and Sale for the subject property on July 21, 2016 and the property was subsequently purchased by petitioner at the foreclosure auction on November 14, 2016. Petitioner thereafter commenced the instant proceeding. On June 22, 2017, petitioner and respondent Joseph Davis appeared in court after which petitioner was granted a judgment and warrant of eviction was issued against all respondents which was stayed until June 30, 2017. On August 7, 2017 respondent Charles Davis filed an Order to Show Cause seeking vacatur of the judgment and warrant of eviction reinstating him to possession of his apartment within the subject premises. Respondent Charles Davis appeared in court on August 14, 2017 in support of his Order to Show Cause.¹ Respondent asserts in his motion papers that the subject premises is a three-family house and that he resides in one of the units while respondent Joseph Davis lives in one of the other