SEARCH

Windward Bora LLC v. Sterling

Subordinate Interest to Property Extinguished, $104,299 Default Judgment Recommended

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Windward Bora LLC, Plaintiffv.Thomas Sterling, Dothlyn Sterling, and the Big M Inc d/b/a Mandee, Defendants

REPORT AND RECOMMENDATION Presently before the Court in this diversity mortgage foreclosure action, on referral from the Honorable Dennis R. Hurley for Report and Recommendation, is Plaintiff Windward Bora LLC’s (“Plaintiff” or “Windward”) motion for default judgment of foreclosure and sale against Defendants Thomas Sterling, Dothlyn Sterling (together, the “Sterlings”), and the Big M Inc d/b/a Mandee (“Mandee,” collectively, “Defendants”). See Docket Entry (“DE”) [14]. By way of Verified Complaint filed on March 20, 2018, Plaintiff commenced this action against Defendants seeking, inter alia, to foreclose on a mortgage encumbering the property located at 170 Bedford Avenue, Garden City, New York 11040 (the “Subject Property”). See Complaint (“Compl.”), DE [1]. After Defendants failed to respond to the Complaint, the Clerk of the Court entered a Certificate of Default pursuant to Fed. R. Civ. P. 55(a) as to all Defendants on May 7, 2018. DE [13]. On May 24, 2018, Plaintiff filed the instant motion, DE [14], which Judge Hurley then referred to this Court for Report and Recommendation. See Electronic Order Referring Motion dated May 25, 2018. For the reasons set forth below, the Court respectfully recommends that Plaintiff’s motion be granted and that Windward be awarded damages and additional relief as described herein.I. BackgroundOn March 8, 2005, the Sterlings executed and delivered a note to Long Beach Mortgage Company (“LBMC”) by which they promised to pay a principal amount of $100,000 plus interest at a rate of 11.25 percent per annum. See Compl.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

British Legal Awards 2024

November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.

Learn More

GlobeSt. Healthcare Real Estate 2024

December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!

Learn More

ThinkAdvisor LUMINARIES Awards 2024

December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.

Learn More

Associate General Counsel, Global Employment

Role TitleAssociate General Counsel, Global EmploymentGrade F13Reporting ToSenior Legal Counsel, Global EmploymentProgram/Tool/ Department/U...

Apply Now ›

Associate Attorney

Ryan & Conlon, LLP, is a boutique firm specializing in insurance defense. We are a small eclectic practice with a busy and fast paced en...

Apply Now ›

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...

Apply Now ›