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WELLS FARGO BANK, N.A. v. WALTER

2015-07495, Index No. 12241/07.

142 A.D.3d 992 (2016)

37 N.Y.S.3d 446

WELLS FARGO BANK, N.A., as Trustee for SECURITIZED ASSET-BACKED CERTIFICATES, SERIES 2005-SR5, Respondent, v. BERNICE WALTER et al., Defendants, and OSCAR WALTER et al., Appellants.

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

Decided September 14, 2016.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action to foreclose a mortgage. The defendants Oscar Walter and Michael Walter (hereinafter together the defendants) failed to answer the complaint. A judgment of foreclosure and sale was subsequently entered upon their default. The defendants moved, inter alia, pursuant to CPLR 5015 (a) (4) to vacate the judgment of foreclosure and sale on the...

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