OCWEN FEDERAL BANK, FSB v. BASSI


294 A.D.2d 478 (2002)

742 N.Y.S.2d 850

OCWEN FEDERAL BANK, FSB, Respondent, v. GEORGE BASSI et al., Appellants, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided May 20, 2002.


Ordered that the order is affirmed, with costs.

A court possesses broad equitable powers to set aside a foreclosure sale where fraud, collusion, mistake, or misconduct casts doubt on the fairness of the sale (see Provident Sav. Bank v Bordes, 244 A.D.2d 470). No such misconduct occurred here. Moreover, the appellant mortgagors lack standing to object to the referee's variance from the time of the essence term of sale with...

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