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Keywords

plaintiffdefendantforeclosurecompliance
plaintiffdefendantforeclosurecompliance

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Villatoro-Guzman; U.S. v.

Facts

This is an action to foreclose a mortgage on premises known as 219 Nolin Street, Brentwood, New York 11717. The action was commenced on April 22, 2008, with the filing of a summons and complaint, and a Notice of Pendency was also filed on the same day. Defendant Dionicio Villatoro-Guzman executed a note for a loan from Citimortgage, Inc. in the amount of $332,000.00, secured by a mortgage on the premises. Villatoro-Guzman defaulted on the loan payment due on December 1, 2007, leading to the plaintiff's application for an order of reference.

This is an action to foreclose a mortgage on premises known as 219 Nolin Street, Brentwood, New York 11717. The action was commenced on April 22, 2008, with the filing of a summons and complaint, and a Notice of Pendency was also filed on the same day. Defendant Dionicio Villatoro-Guzman executed a note for a loan from Citimortgage, Inc. in the amount of $332,000.00, secured by a mortgage on the premises. Villatoro-Guzman defaulted on the loan payment due on December 1, 2007, leading to the plaintiff's application for an order of reference.

Issue

Whether Citimortgage, Inc. provided sufficient evidentiary proof to support its application for an order of reference in the foreclosure action.

Whether Citimortgage, Inc. provided sufficient evidentiary proof to support its application for an order of reference in the foreclosure action.

Rule

Under 2008 NY Laws, Chapter 472, a plaintiff must provide proof identifying the type of loan being secured by the mortgage and must comply with the notice requirements of RPAPL 1303.

Under 2008 NY Laws, Chapter 472, a plaintiff must provide proof identifying the type of loan being secured by the mortgage and must comply with the notice requirements of RPAPL 1303.

Analysis

The court found that Citimortgage, Inc. did not submit adequate proof regarding the type of loan being foreclosed upon, nor did it provide sufficient evidence of compliance with the notice requirements mandated by RPAPL 1303. The deficiencies included a lack of evidentiary proof regarding the loan's classification and failure to demonstrate that the required notice was properly served to the defendant.

The court found that Citimortgage, Inc. did not submit adequate proof regarding the type of loan being foreclosed upon, nor did it provide sufficient evidence of compliance with the notice requirements mandated by RPAPL 1303.

Conclusion

The court denied the plaintiff's application for an order of reference without prejudice, allowing for renewal upon submission of proper evidentiary proof.

The court denied the plaintiff's application for an order of reference without prejudice, allowing for renewal upon submission of proper evidentiary proof.

Who won?

The defendant, Dionicio Villatoro-Guzman, prevailed as the court denied the plaintiff's application due to insufficient evidence.

The defendant, Dionicio Villatoro-Guzman, prevailed as the court denied the plaintiff's application due to insufficient evidence.

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