BANKERS TRUST v. THOMPSON


12 A.D.3d 387 (2004)

785 N.Y.S.2d 86

BANKERS TRUST, Respondent, v. FRANK THOMPSON, Also Known as FRANK L. THOMPSON, Appellant.

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

November 8, 2004.


Ordered that the order is affirmed, with costs.

In a foreclosure action in which the defendant, the alleged owner of the subject property, was not named or served, the plaintiff mortgagee purchased the property at a foreclosure sale for $130,000, an amount that was less than the total sum then due to the plaintiff. The plaintiff thereafter commenced this action pursuant to RPAPL article 15 to compel the determination of the defendant's claim to the subject property...

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