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WELLS FARGO BANK, N.A. v. RUSSELL

2011-09544.

101 A.D.3d 860 (2012)

955 N.Y.S.2d 654

2012 NY Slip Op 8514

WELLS FARGO BANK, N.A., as Trustee under POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2005 ASSETBACKED PASS-THROUGH CERTIFICATES SERIES 2005-WHQ4, Respondent, v. OSWALD RUSSELL, Appellant, et al., Defendants.

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

December 12, 2012.

Ordered that the order is affirmed, with costs.

In this action to foreclose a mortgage, the defendant Oswald Russell defaulted in appearing and answering the complaint. Eventually, the plaintiff moved for a judgment of foreclosure and sale, and the Supreme Court granted the motion, without opposition. Subsequently, Russell moved to vacate his default and extend his time to appear and answer. The Supreme Court held that...

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