Nationstar Mortg., LLC v. Hoar

• Decision Date: 19 October 2022
• Docket Number: 2019–10382, 2020–01320,Index No. 62076/18
• Citation: 209 A.D.3d 864,177 N.Y.S.3d 88
• Parties: NATIONSTAR MORTGAGE, LLC, etc., respondent, v. Mary HOAR, appellant, et al., defendants.
• Court: New York Supreme Court — Appellate Division

209 A.D.3d 864
177 N.Y.S.3d 88

NATIONSTAR MORTGAGE, LLC, etc., respondent,
v.
Mary HOAR, appellant, et al., defendants.

2019–10382, 2020–01320
Index No. 62076/18

Supreme Court, Appellate Division, Second Department, New York.

Submitted—May 24, 2022
October 19, 2022

177 N.Y.S.3d 89

Zerilli & Associates, P.C., Yonkers, NY (Robert F. Zerilli of counsel), for appellant.

Pincus Law Group, PLLC, Uniondale, NY (Renee J. Aragona of counsel), for respondent.

MARK C. DILLON, J.P., JOSEPH J. MALTESE, PAUL WOOTEN, LARA J. GENOVESI, JJ.

DECISION & ORDER

209 A.D.3d 864

In an action to foreclose a mortgage, the defendant Mary

209 A.D.3d 865

Hoar appeals from two orders of the Supreme Court, Westchester County (William J. Giacomo, J.), both dated June 28, 2019. The first order, insofar as appealed from, granted those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against that defendant, to strike her answer and affirmative defenses, and for an order of reference. The second order, insofar as appealed from, granted the same relief to the plaintiff and referred the matter to a referee to compute the amount due to the plaintiff.

ORDERED that the orders are reversed insofar as appealed from, on the law, with costs, and those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Mary Hoar, to strike that defendant's answer and affirmative

177 N.Y.S.3d 90

defenses, and for an order of reference are denied.

On June 3, 2010, Mary Hoar (hereinafter the defendant) and Ira Goldman executed a quitclaim deed conveying certain property in Yonkers (hereinafter the premises) to "Ira Goldman, a Life Estate with Full Powers Remainder unto Mary Hoar." On the same date, Goldman executed a note in favor of Generation Mortgage Company (hereinafter Generation Mortgage), which was secured by a home equity conversion mortgage, also known as a reverse mortgage, encumbering the premises. The mortgage was executed by Goldman and the defendant. Both the note and the mortgage provided, inter alia, that the lender could require immediate payment in full in the event "[a] Borrower dies and the Property is not the principal residence of at least one surviving Borrower." On November 7, 2015, Goldman passed away, and the defendant continued to reside at the premises.

In August 2018, the plaintiff, the alleged holder of the note, commenced this action to foreclose the mortgage against the defendant, among...