Legal Opinion

Chase Home Finance LLC v. Diaz

New York Supreme Court

Decided May 21, 2007Published

1Opinion of the Court

OPINION OF THE COURT

Jeffrey Arlen Spinner, J.

The defendant Wachovia Bank N.A. has applied to this court for an order vacating and setting aside the February 8, 2007 foreclosure sale of premises commonly known as 80 Berry Street, Lindenhurst, Town of Babylon, New York. Both the plaintiff and the third-party purchaser New Life Properties vigorously oppose the application.

Procedurally, the plaintiff brought this action to foreclose a defaulted first mortgage in the original principal amount of $185,000 given by the defendant Charles Diaz, Jr. The defendant Wachovia was joined as a necessary…

2Cases cited6 opinions

  1. Guardian Loan Co. v. EarlyNew York Court of Appeals · 1979
  2. Fisher v. . HerseyNew York Court of Appeals · 1879
  3. Crossland Mortgage Corp. v. FrankelAppellate Division of the Supreme Court of the State of New York · 1993
  4. Glenville & 110 Corp. v. TortoraAppellate Division of the Supreme Court of the State of New York · 1988
  5. United States Trust Co. v. SimonAppellate Division of the Supreme Court of the State of New York · 1996

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