Freedom Mortgage Corp. v. Vacanti

DECISION AND ORDER INTRODUCTION Plaintiff Freedom Mortgage Corporation (“Plaintiff”) asserts claims against Salvatore A. Vacanti, Lauren M. Vacanti, and Tonawanda Community Federal Credit Union (collectively, “Defendants”) pursuant to New York Real Property Actions and Proceedings Law (“RPAPL”) Article 13, seeking to foreclose on a mortgage encumbering 562 Lynbrook Avenue, Tonawanda, New York 14150. (Dkt. 1 at 1). Defendant Lauren M. Vacanti passed away on September 9, 2023 (Dkt. 15-3 at 6) — three days after she was served (Dkt. 9 at 1). Presently before the Court is Plaintiff’s motion to substitute a party and appoint a guardian ad litem. (Dkt. 15). For the reasons discussed below, Plaintiff’s motion is denied. BACKGROUND Plaintiff commenced this action on February 17, 2023. (Dkt. 1). On November 9, 2018, defendants Salvatore A. Vacanti and Lauren M. Vacanti executed and delivered to Hunt Mortgage Corporation a note in which they promised to pay $284,747.00, plus interest on the unpaid amount due (the “mortgage”). (Id. at 6; id. at 9-10). Defendants Salvatore A. Vacanti and Lauren M. Vacanti then delivered to Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for Hunt Mortgage Corporation, the mortgage, which was recorded with the Erie County Clerk on November 9, 2018. (Id. at 7; id. at 11-22). The mortgage was ultimately assigned to Plaintiff. (Id. at