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U.S. v. Castner

Local Rule 55.2(b), RPAPL Satisfied for Home's Foreclosure Sale at Auction

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DECISION and ORDER Currently before the Court, in this real property foreclosure action filed by the United States of America (“Plaintiff”) against Sherelyn J. Castner as the executrix of the Estate of Nancy B. Castner, Cynthia Schrock Seeley (or her successor in interest) as Warren County Deputy Commissioner of Social Services, Midland Funding LLC, and unidentified defendants John Doe, Mary Roe, and XYZ Corporation (“Defendants”), is Plaintiff’s motion for default judgment and for judgment of foreclosure and sale pursuant to Fed. R. Civ. P. 55(b), and for dismissal of Plaintiff’s claims against the unidentified defendants John Doe, Mary Roe, and XYZ Corporation. (Dkt. No. 19.) For the reasons stated below, the Court grants Plaintiff’s motion. I. RELEVANT BACKGROUND A. Plaintiff’s Complaint Liberally construed, Plaintiff’s Complaint seeks a judgment of foreclosure and sale related to a property mortgaged to Curtis V. Castner and Nancy B. Castner, for which Plaintiff is the owner and holder of the mortgage and promissory note. (Dkt. No. 1 [Pl.'s Compl.].) Plaintiff alleges that, on November 1, 2007, the Castners obtained a mortgage for a sum of $110,000 with a 6 percent interest rate to be paid in monthly installments on real property located at 5 Ross Lane, Brant Lake, New York 12815, in Warren County. (Id. at

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