Wells Fargo Bank, N.A. v. Erobobo
| Decision Date | 29 April 2015 |
| Docket Number | 2013-06986, Index No. 31648/09. |
| Citation | 127 A.D.3d 1176,9 N.Y.S.3d 312,2015 N.Y. Slip Op. 03522 |
| Parties | WELLS FARGO BANK, N.A., etc., appellant, v. Rotimi EROBOBO, respondent, et al., defendants. |
| Court | New York Supreme Court — Appellate Division |
127 A.D.3d 1176
9 N.Y.S.3d 312
2015 N.Y. Slip Op. 03522
WELLS FARGO BANK, N.A., etc., appellant
v.
Rotimi EROBOBO, respondent, et al., defendants.
2013-06986, Index No. 31648/09.
Supreme Court, Appellate Division, Second Department, New York.
April 29, 2015.
Hinshaw & Culbertson, LLP, New York, N.Y. (Schuyler Kraus and Annemarie D'Amour of counsel), for appellant.
Kenneth S. Pelsinger, Levittown, N.Y., for respondents.
RUTH C. BALKIN, J.P., L. PRISCILLA HALL, SHERI S. ROMAN, and JEFFREY A. COHEN, JJ.
Opinion
In an action to foreclose a mortgage, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Saitta, J.), dated April 29, 2013, as denied that branch of its motion which was for summary judgment on the complaint insofar as asserted against the defendant Rotimi Erobobo.
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the plaintiff's motion which was for summary judgment on the complaint insofar as asserted against the defendant Rotimi Erobobo is granted.
On July 17, 2006, Rotimi Erobobo executed a note to secure a loan from Alliance Mortgage Banking Corporation (hereinafter Alliance), to purchase real property located in Brooklyn. Erobobo gave a mortgage to Alliance to secure that debt, thus encumbering the subject premises. Wells Fargo Bank, N.A. (hereinafter the plaintiff), as trustee for ABFC 2006–OPT3,
ABFC Asset–Backed Certificates, Series 2006–OPT3 (hereinafter the trust), alleges that it was assigned the note and mortgage on July 18, 2008. Erobobo allegedly defaulted on the mortgage in September 2009, and, in December 2009, the plaintiff commenced this action against Erobobo, among others, to foreclose the mortgage. Erobobo's pro se answer contained a general denial of all allegations, and set forth no affirmative defenses. The plaintiff thereafter moved for summary judgment on the complaint, submitting the mortgage, the unpaid note, and evidence of Erobobo's default. In opposition, Erobobo, now represented by counsel, contended that the plaintiff lacked...
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