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WELLS FARGO BANK, N.A. v. CARNEY

50 A.D.3d 287 (2008)

853 N.Y.S.2d 880

WELLS FARGO BANK, N.A., as Indenture Trustee under the Indenture Relating to IMH Assets Corp., Collateralized Asset-Backed Bond, Series 2004-2, Respondent, v. DENISE CARNEY, Appellant, and GORDON R. HAMILTON, Intervenor-Respondent, et al., Defendants.

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

Decided April 1, 2008.

The court properly found that there was no fraud, collusion, mistake, or misconduct that would permit it to set aside a sale of foreclosure in the absence of compliance with the requirements of RPAPL 1341 (see NYCTL 1996-1 Trust v LFJ Realty Corp., 307 A.D.2d 957 [2003], lv dismissed 1 N.Y.3d 622 [2004]). Carney's contention that her right of redemption continued until delivery of the referee's deed is unsupported by case...

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