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BANK OF NEW YORK TRUST COMPANY v. GONZALEZ-SALINAS

2010-10989.

89 A.D.3d 779 (2011)

932 N.Y.S.2d 372

2011 NY Slip Op 8106

BANK OF NEW YORK TRUST COMPANY, Respondent, v. YESSICA GONZALEZ-SALINAS, Defendant. REO EQUITY MANAGEMENT, LLC, Nonparty Appellant.

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

Decided November 9, 2011.

Ordered that the order is affirmed, with costs.

On November 24, 2009, pursuant to a judgment of foreclosure and sale, a referee conducted an auction sale of certain real property. The successful bidder, REO Equity Management, LLC (hereinafter REO), made a down payment and signed the terms of sale, which provided, among other things, that the sale was subject to certain rights of the mortgagor. A few days later, the mortgagor moved, by order to show cause, to set aside...

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