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MORTGAGE ELECS. REGISTRATION SYS., INC. v. MERCADO

Index No. 18409-05. Appeal No. 13741N. Case No. 2019-4570.

194 A.D.3d 420 (2021)

143 N.Y.S.3d 195

2021 NY Slip Op 02755

Mortgage Electronics Registration Systems, Inc., Appellant, v. Carlos Mercado et al., Defendants, and Rosemary Mercado, Respondent.

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

Decided May 4, 2021.

Attorney(s) appearing for the Case

Shapiro, DiCaro & Barak, LLC, Rochester ( Austin T. Shufelt of counsel), for appellant.

Concur—Gische, J.P., Mazzarelli, Oing, González, JJ.

In July 2005, plaintiff MERS, as nominee for Mortgage Select c/o American Home Mortgage Serving, 4600 Regent Blvd., Irving, Texas 75063, commenced this foreclosure action. Defendant Rosemary Mercado failed to answer, and, in July 2009, the motion court issued a default judgment in favor of plaintiff. In June 2010, the motion court issued a judgment of foreclosure and sale. In May 2011, the appointed referee conducted the auction and the property was sold to the highest bidder...

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