U.S. BANK NATIONAL ASSOCIATION v. HOANG

850176/15. Appeal No. 12216N. Case No. 2019-04946.

187 A.D.3d 657 (2020)

131 N.Y.S.3d 158

2020 NY Slip Op 06077

U.S. Bank National Association, Respondent, v. Hao T. Hoang, Appellant, et al., Defendants.

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

Decided October 27, 2020.


Although the motion court may have failed to address whether defendant demonstrated a reasonable excuse for his default, the record shows that defendant, acting pro se, filed a Chapter 13 petition for bankruptcy protection listing plaintiff as a creditor, which resulted in an automatic stay of the September 5, 2018 foreclosure sale, on August 30, 2018. Thus, his claims that he was unaware of the foreclosure proceedings due to the long-term illness of defendant's attorney...

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