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MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. v. HORKAN

2008-05215

68 A.D.3d 948 (2009)

2009 NY Slip Op 9441

890 N.Y.S.2d 326

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Respondent, v. ROSALIE HORKAN et al., Defendants. IPA ASSET MANAGEMENT II, LLC, Nonparty Appellant.

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

Decided December 15, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs.

Following a foreclosure auction conducted on March 26, 2007 the highest bidder at the auction defaulted by failing to appear for a scheduled closing. The plaintiff, who was the second highest bidder at the auction, moved, inter alia, for an order directing the transfer of title of the subject premises to Countrywide Home Loans, Inc., as the plaintiff's ultimate assignee. Under the unique circumstances...

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