Bank of America, N.A. v. Guzman

OPINION OF THE COURT

Augustus C. Agate, J.

This is an action by plaintiff to foreclose on a mortgage on real property located at 91-10 98th Street, in Woodhaven, Queens. Plaintiff is the holder of the subject mortgage and note through an assignment. Plaintiff contends that defendants Marcos Guzman and Nilda Guzman defaulted in making payments on the subject mortgage beginning on October 1, 2008. Defendants now seek to dismiss the complaint on various grounds, including the plaintiffs failure to comply with RPAPL 1304. Plaintiff cross-moves for leave to amend the complaint.

Effective September 1,…