Wells Fargo Bank, National Association v. Singh

Summary

The Appellate Division, Second Department affirmed an order denying Dindyal Singh's motion to vacate foreclosure-related judgments and sale, dismiss the complaint for lack of personal jurisdiction, or serve a late answer. The court held that the process server's affidavit established prima facie valid service, Singh's submissions did not warrant a jurisdictional hearing, and he failed to show a reasonable excuse for his default. The court also found no basis to set aside the foreclosure sale or vacate the referee's deed.

Holdings

1. A process server's affidavit describing service under CPLR 308(2) constituted prima facie evidence of valid service, and Singh's affidavits were insufficiently specific to rebut that presumption or require a hearing. The court therefore upheld denial of dismissal under CPLR 3211(a)(8) and vacatur under CPLR 5015(a)(4).
2. A defendant seeking to vacate a default and obtain leave to serve a late answer must show both a reasonable excuse for the default and a potentially meritorious defense. Because Singh failed to offer a reasonable excuse, the court properly denied relief without deciding whether he had a potentially meritorious defense.
3. Singh was not entitled to set aside the foreclosure sale or vacate the referee's deed because he did not establish that delay of the sale prejudiced a substantial right or that the sale was affected by fraud, collusion, mistake, or misconduct casting suspicion on its fairness.

Questions Presented

1. Whether Singh rebutted the presumption of proper service sufficiently to require a jurisdictional hearing or warrant dismissal for lack of personal jurisdiction.
2. Whether Singh was entitled to vacatur of his default and leave to serve a late answer under CPLR 5015(a)(1) and CPLR 3012(d).
3. Whether the foreclosure sale should be set aside and the referee's deed vacated based on prejudice, fraud, collusion, mistake, or misconduct.

Disposition

affirmed