Bankers Trust Co. of California, N.A. v. Dudley

In an action to foreclose a mortgage, Henry Pouncy, a nonparty, appeals from an order of the Supreme Court, Kings County (Clemente, J.), dated July 24, 2003, which denied his separate motions, inter alia, for leave to intervene in the action, and to vacate a judgment of foreclosure and sale and a referee’s deed.

Ordered that the order is affirmed, with costs.

The nonparty appellant, Henry Pouncy, initially the record owner of the subject premises, mortgaged the property in 1992. He defaulted on the loan secured by that mortgage, and a foreclosure action was commenced on or about April 20, 1996.…