Reverse Mortgage Solutions, Inc., corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed herein, Plaintiff,
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.
Such & Crane, LLP Attorneys for Plaintiff.
C. Lanfrit Defendant Pro Se.
ROBERT F. QUINLAN J.S.C.
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
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
that defendant's proposed answer is deemed served and
filed as of the date of this order; and it is further
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.
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.
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.
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
defendant's motion was not denominated a cross-motion,
for purposes of simplicity and clarity the court consolidates
both motion for this decision.
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.
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 ...