LNV Corp. v. Cordero

Summary

The Appellate Division, First Department unanimously affirmed an order denying Awilda Cordero's motion to vacate a final judgment of foreclosure and sale. The court held that Cordero failed to establish a reasonable excuse for her default, could not revive standing or notice defenses without vacating the default, and did not show grounds to reduce the interest awarded under the judgment.

Holdings

1. Vacatur was properly denied because Cordero failed to provide a reasonable excuse for her default in opposing LNV's motion to enforce the consent judgment and obtain a final judgment of foreclosure and sale.
2. Because Cordero failed to establish a reasonable excuse for her default, she could not maintain a defense based on purported defects in the RPAPL 1304 notices.
3. Vacatur and dismissal in the interest of justice were properly denied because Cordero failed to present clear and convincing evidence of material falsehoods by LNV that undermined the integrity of the action.
4. RPAPL 1302-a did not permit Cordero to revive her standing defense because she was a defaulting defendant who had not vacated her default.
5. The request to deduct 2,441 days of interest from the judgment was properly denied.

Questions Presented

1. Whether Cordero established a reasonable excuse for her default sufficient to vacate the final judgment of foreclosure under CPLR 5015(a)(3).
2. Whether alleged defects in RPAPL 1304 notices could be raised by a defendant who failed to establish a reasonable excuse for default.
3. Whether Cordero was entitled to vacatur and dismissal in the interest of justice based on alleged material falsehoods by the plaintiff.
4. Whether RPAPL 1302-a permitted a defaulting defendant who had not vacated her default to revive a standing defense.
5. Whether the court should recalculate or reduce interest accrued on the foreclosure judgment under CPLR 5001(a).

Disposition

affirmed