On November 15, 2006, the defendant, Defendant (F.C) executed a mortgage and note with Amerifund Home Mortgage, LLC in the amount of $250,000. According to the Plaintiff, EMC Mortgage Corporation, Defendant failed to pay the installment due on April1, 2008. The Plaintiff failed to attach a notice of acceleration of the note, Defendant denies ever receiving a notice to accelerate the note.
It is known that foreclosure auctions in Richmond County (Staten Island) are conducted at 18 Richmond Terrace, Room 106, Staten Island, New York. The former Homeport Courthouse located at 355 Front Street, Staten Island, NY never hosted such auctions. In this case, the differential in distance between 18 Richmond terrace and 355 Front Street is approximately 1.3 miles. Therefore, the foreclosure sale that took place on May 4, 2010 must be set aside.
The court concluded that the Plaintiff had failed to submit evidence demonstrating that it had title to both the mortgage and note at the time it commenced this foreclosure action.
In a decision rendered on September 13, 2011, Justice Joseph J. Maltese of the Supreme Court of the State of New York, Richmond County, vacated a foreclosure sale and dismissed the entire complaint.
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