During the 2008, Uvino got out the next mortgage secure by same real assets
McCarthy, J.P. Is attractive (1) away from several purchases of Ultimate Legal (Bartlett III, J.), entered inside Schoharie County, and this provided plaintiff’s motion to possess, on top of other things, bottom line wisdom, and you may (2) away from a judgment out-of said courtroom, entered within the Schoharie State, and therefore granted plaintiff’s activity having a view out-of foreclosure and sales.
In 2001, defendant Anthony Uvino (hereinafter Uvino) performed a note and you may a home loan secure because of the real property, in support of Countrywide Home loans, Inc. Both the totally new and you can consolidated mortgage loans had been assigned some moments over recent years.
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From inside the , plaintiff initiated the moment foreclosures step alleging one to Uvino had been during the default on the their loan while the . Uvino replied, asserting some defenses and you may counterclaims, plus you to definitely plaintiff lacked status to create the action which the borrowed funds is gotten because of the fraud. Plaintiff moved to have, on top of other things, realization wisdom. Supreme Court learned that plaintiff filed proof of Uvino’s standard and you may that plaintiff owned this new mention during the time the action is commenced, but Uvino don’t improve any triable circumstances of-fact.