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Keywords

plaintiffdefendantjurisdictionappealmotionforeclosure
plaintiffdefendantjurisdictionmotionforeclosure

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Deutsche Bank Nat. Trust Co. v. Hunter, 100 A.D.3d 810, 954 N.Y.S.2d 181, 2012 N.Y. Slip Op. 07781

Facts

The defendant, Stefane Hunter, appealed from an order of the Supreme Court, Westchester County, which denied her motion to vacate a judgment of foreclosure and sale entered upon her default in appearing or answering the complaint. Hunter contended that the plaintiff lacked standing to initiate the foreclosure action, asserting that this constituted fraud upon the court and that the court lacked subject matter jurisdiction. The Supreme Court found no evidence to support her claims.

The defendant moved, inter alia, pursuant to CPLR 5015(a)(3) and (4) to vacate a judgment of foreclosure and sale that was entered upon her default in appearing or answering the complaint.

Issue

Whether the mortgagor is entitled to vacate a judgment of foreclosure and sale based on the plaintiff's alleged lack of standing.

The defendant argued that the plaintiff lacked standing to commence the foreclosure action, and therefore, the plaintiff committed fraud upon the court and the court lacked subject matter jurisdiction over the matter.

Rule

An alleged lack of standing is not a jurisdictional defect, and the absence of evidence of fraud or misrepresentation undermines a motion to vacate a judgment under CPLR 5015(a)(3) and (4).

The defendant's arguments pursuant to CPLR 5015(a)(3) and (4) are without merit, as the record contains no evidence of fraud or misrepresentation, and an alleged lack of standing is not a jurisdictional defect.

Analysis

The court applied the rule by examining the defendant's claims regarding the plaintiff's standing and the alleged fraud. It determined that the record did not contain any evidence of fraud or misrepresentation, and emphasized that a lack of standing does not equate to a jurisdictional defect. Therefore, the court concluded that the defendant's arguments were without merit.

Accordingly, the Supreme Court properly denied the defendant's motion, inter alia, to vacate the judgment of foreclosure and sale.

Conclusion

The Appellate Division affirmed the Supreme Court's order, denying the mortgagor's motion to vacate the judgment of foreclosure and sale.

ORDERED that the order is affirmed, without costs or disbursements.

Who won?

Wells Fargo Bank, N.A. prevailed in the case because the court found that the mortgagor's claims lacked merit and there was no evidence to support her allegations.

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