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Freedom Mortgage Corp. v. Thomas

Denial of Default Judgment in Foreclosure Action Is Explained; RPAPL Not Satisfied

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DECISION AND ORDER INTRODUCTION Plaintiff Freedom Mortgage Corporation (“Plaintiff”) commenced this action on June 21, 2023, pursuant to Article 13 of the New York Real Property Actions and Proceedings Law (“RPAPL”), to foreclose a mortgage encumbering 79 Rockdale Trail, Rochester, New York 14612 (the “Property”). (Dkt. 1). Plaintiff provided a loan to defendant Brenda F. Thomas (“Defendant”) and secured the loan through a promissory note and mortgage on the Property. (Id. at 2,

7-8). Defendant has not appeared in this action. Presently before the Court is Plaintiff’s motion for default judgment and a judgment for foreclosure and sale. (Dkt. 10). For the reasons that follow, the motion is denied without prejudice. BACKGROUND According to the complaint, on or about March 26, 2018, Defendant executed a promissory note to Plaza Home Mortgage Inc. for $196,278.00, and the mortgage for the Property was recorded with the Monroe County Clerk. (Dkt. 1 at 2,

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