BSD 253, LLC v. WILMINGTON SAV. FUND SOCY., FSB

2019-02686. Index No. 504659/16.

186 A.D.3d 1601 (2020)

129 N.Y.S.3d 848

2020 NY Slip Op 05179

BSD 253, LLC, Respondent, v. Wilmington Savings Fund Society, FSB, Appellant.

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

Decided September 30, 2020.


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

On September 4, 2009, the defendant's predecessor in interest, OneWest Bank, FSB (hereinafter OneWest), commenced an action (hereinafter the foreclosure action) to foreclose the subject mortgage. The borrower defaulted in answering the complaint or otherwise appearing in the action, and, on November 16, 2012, the foreclosure court issued an order of reference. In February 2014, the foreclosure...

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