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Reverse Mortgage Solutions, Inc. v. Lanfrit

Supreme Court, Suffolk County

October 24, 2017

Reverse Mortgage Solutions, Inc., corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed herein, Plaintiff,
v.
Marie C. Lanfrit A/K/A Marie Lanfrit, the Secretary of Housing and Urban Development, New York State Department of Taxation and Finance, "John Doe No.1-5" and "Jane Doe #1-5" said names being fictitious, it being the intention of Plaintiff to designate any and all occupants, tenants, persons or corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed herein, Defendants.

          Fein, Such & Crane, LLP Attorneys for Plaintiff.

          Marie C. Lanfrit Defendant Pro Se.

          HON. ROBERT F. QUINLAN J.S.C.

         Upon the following papers electronically filed and read on this motion for order of reference and appointment of a referee to compute (Seq. #001); Notice of Motion/ Order to Show Cause and supporting papers (Doc. #18 - 22); and upon the following papers numbered 1 to 33 read on this motion for leave to serve and file a late answer and vacate the default (Seq. #002); Notice of Motion/Order to Show Cause and supporting papers 1 - 20; Answering Affidavits and supporting papers 21 - 33; it is, ORDERED that plaintiff's motion for order of reference appointing a referee to compute (seq. #001) is denied; and it is further

         ORDERED that defendant's motion for leave to serve and file a late answer and vacate her default (seq. #002) is granted; and it is further

         ORDERED that defendant's proposed answer is deemed served and filed as of the date of this order; and it is further

         ORDERED that this action shall be calendared for a status conference on Wednesday, January 11, 2018 at 9:30 AM in Part 27 for the court to monitor the progress of this action.

         This is an action to foreclose a reverse mortgage on property known as 46 Babylon Avenue, West Islip, Suffolk County, New York ("the property"). The action was commenced by filing of a summons and complaint on November 12, 2015. Defendant Marie C. Lanfrit a/k/a Marie Lanfrit ("defendant") was personally served at the property on November 18, 2015. Defendant did not answer or appear.

         The Court's records indicate that a foreclosure settlement conference was scheduled for March 11, 2016. Since the action involves a reverse mortgage it was marked not eligible for conference and referred to an IAS part. The action was administratively transferred to the general inventory of this part on June 12, 2017 pursuant to Administrative Order 76-17.

         Reverse Mortgage Solutions, Inc. ("plaintiff") moves for an order of reference fixing the default of all non-appearing, non-answering defendants, for appointment of a referee to compute, and to amend the caption (Seq. #001). Pro se defendant Marie C. Lanfrit a/k/a Marie Lanfrit ("defendant") does not oppose the motion but files a motion for leave to serve and file a late answer and vacate her default (Seq. #002). Plaintiff opposes defendant's motion.

         Although defendant's motion was not denominated a cross-motion, for purposes of simplicity and clarity the court consolidates both motion for this decision.

         In determining the motions the court has considered plaintiff's submissions in support of its motion (Seq. #001) consisting of the affirmation of counsel and attached exhibits, including the affidavit of merit of a representative of plaintiff, the pleadings, note, mortgage and assignment of mortgage, the notice of default pursuant to the mortgage, affidavits of service of the summons and complaint, an affidavit of service of the motion and a proposed order appointing a referee to compute. The court has also considered defendant's submissions in support of her motion for leave to serve and file a late answer and vacate her default (Seq. #002) including defendant's affidavit in support and proposed answer. Plaintiff submits the affirmation of counsel in opposition to defendant's motion with supporting exhibits.

         STATEMENT OF FACTS

         On June 2, 2010 defendant executed a fixed rate note in favor of Genworth Financial Home Equity Access, Inc. agreeing to pay the sum of $562, 50.00 plus interest, at the same time defendant executed a fixed rate home equity conversion mortgage, more commonly referred to as a reverse mortgage, on the property to secure the note. Thereafter the mortgage and note were transferred by assignment dated May 16, 2011, from Genworth Financial Home Equity Access, Inc. to plaintiff, and recorded in the Suffolk County Clerk's Office on June 8, 2011. The mortgage and note were subsequently assigned by Genworth Financial Home Equity Access, Inc. to plaintiff pursuant to ...


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