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Citimortgage Inc. v. Ramirez

Mortgagor Granted Summary Judgment, Dismissal of Time-Barred Foreclosure Action

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DECISION/ORDER

*1  In this residential mortgage foreclosure action, the Defendant-mortgagor, Jose Ramirez (hereinafter referred to as “the Defendant”), moves for summary judgment seeking dismissal of this action, a cancellation and discharge of the mortgage pursuant to RPAPL §1501(4), and for a declaration that his interest in the subject property is free from the mortgage. The Plaintiff, Citimortgage, Inc., opposes the Defendant’s motion and cross-moves for summary judgment requesting that the Defendant’s Answer and Counterclaims be stricken, and that an Order of Reference be granted. Briefly, the facts as developed in the motion papers are as follows: On September 10, 2003, the Defendant purchased the subject property, located at 305 Christine Lane, Rotterdam, New York 12306. To facilitate this purchase, the Defendant obtained a loan

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