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Wilmington Sav. Fund Socy., FSB v. Green

Summary Judgment Denied Except as to One Defense in Foreclosure Action

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The following e-filed papers read herein: NYSCEF Doc. Nos.: Notice of Motion, Affidavits (Affirmations), and Exhibits 50-67 Opposing Affidavits (Affirmations) and Exhibits              70-71 Reply Affidavits (Affirmations) and Exhibits     72 ORDER On January 24, 2019, plaintiff WILMINGTON SAVINGS FUND SOCIETY, FSB, AS TRUSTEE OF STANWICH MORTGAGE LOAN TRUST A (“Plaintiff”) commenced this action to foreclose on a mortgage encumbering residential real property located at 1256 48th Street in Brooklyn, NY, owned by defendant-mortgagor FEIGE GREEN (“Defendant”). Plaintiff now moves, pursuant to CPLR 3212 and 3215, and RPAPL 1321, for, inter alia: summary judgment on the complaint as against Defendant, to strike her amended Answer, and dismiss her defenses; for default judgment against the other defendants who failed to timely appear or answer the complaint; for an Order of Reference (“ORef”); and to amend the caption. Defendant opposes the motion. It is alleged in the Complaint that “[o]n or about August 14, 2006, [Defendant] borrowed the sum of $390,000.00 from Bank of America, N.A. [Plaintiff's predecessor-in-interest], and executed and delivered a certain Note dated August 14, 2006″ (NYSCEF Doc. #1 [Complaint], 1). Plaintiff further alleges that this debt was secured by the subject mortgage, and Defendant breached her obligations to make the monthly installment payments beginning with the payment due on February 23, 2011, and all subsequent payments (see id.,

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