Legal Opinion
Citibank, N.A. v. Barclay
Appellate Division of the Supreme Court of the State of New York
Decided December 11, 2014No. 381649/09PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Andrias, J.
In June 1994, defendants Barclay and Hoggard borrowed the principal sum of $118,050 from the Money Store, secured by a mortgage on the subject real property. In or about March of 2009, they defaulted on their mortgage payments. On July 31, 2009, plaintiff, the holder of the note and mortgage, commenced this foreclosure action. The first of nine mandatory settlement conferences pursuant to CPLR 3408 (a) was held on June 23, 2010.
In an order dated March 20, 2012, Supreme Court found that plaintiff, in violation of CPLR 3408 (f), failed to negotiate with defendant…
2Cases cited3 opinions
- Wells Fargo Bank, N.A. v. MeyersAppellate Division of the Supreme Court of the State of New York · 2013
- US Bank National Ass'n v. SarmientoAppellate Division of the Supreme Court of the State of New York · 2014
- Wells Fargo Bank, N.A. v. Van DykeAppellate Division of the Supreme Court of the State of New York · 2012
3Cited by4 opinions
- Deutsche Bank National Trust Co. v. TwerskyAppellate Division of the Supreme Court of the State of New York · 2016
- Wells Fargo Bank, N.A. v. MillerAppellate Division of the Supreme Court of the State of New York · 2016
- Ulster Savings Bank v. FreytesNew York Supreme Court · 2015
- Bethpage Federal Credit Union v. FiorelloNew York Supreme Court · 2015