DEUTSCHE BANK NATIONAL TRUST COMPANY v. LUDEN

2010-07866.

91 A.D.3d 701 (2012)

936 N.Y.S.2d 561

2012 NY Slip Op 323

DEUTSCHE BANK NATIONAL TRUST COMPANY, Respondent, v. NEIL LUDEN et al., Appellants.

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

Decided January 17, 2012.


Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and the defendants' motion to vacate the judgment of foreclosure and sale entered November 21, 2005, entered upon their default in answering or appearing, is granted.

"A foreclosure action is equitable in nature and triggers the equitable powers of the court" (Mortgage Elec. Registration Sys., Inc. v Horkan, 68 A.D.3d 948, 948...

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