DEUTSCHE BANK COMPANY OF CALIFORNIA, N.A. v. DEPALO


38 A.D.3d 490 (2007)

834 N.Y.S.2d 528

DEUTSCHE BANK COMPANY OF CALIFORNIA, N.A., Appellant, v. STEVEN G. DEPALO et al., Defendants. YACHT CLUB REALTY CORP., Nonparty Respondent.

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

Decided March 6, 2007.


Ordered that the orders are affirmed, with one bill of costs.

The plaintiff bank moved to set aside a mortgage foreclosure sale on the ground, in effect, that the defaulting mortgagor had exercised his equity of redemption approximately six days after the sale. The Supreme Court denied the motion. We affirm.

The owner of an equity of redemption has a right to redeem at any time before an actual sale under a judgment of foreclosure (see Bank of N.Y. v Ortiz...

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