Wilmington Trust, N.A. v. Pacific St. Servs., Inc.

Summary

The Appellate Division, Second Department, affirmed an order granting Wilmington Trust summary judgment in a mortgage foreclosure action against 55 Chester, LLC, striking the defendant's affirmative defenses and counterclaims, and appointing a referee. The court held that the action was timely, that the plaintiff established standing and the borrower's default, and that the defendant failed to raise a triable issue of fact.

Holdings

1. The foreclosure action was timely because it was commenced within six years after the mortgage debt was accelerated in August 2013.
2. The plaintiff established prima facie entitlement to judgment as a matter of law by submitting the mortgage and unpaid note together with evidence of the borrower's default.
3. The plaintiff established prima facie standing because it attached a copy of the note, endorsed in blank, to the summons and complaint.
4. The defendant failed to raise a triable issue of fact in opposition to the plaintiff's prima facie showing.

Questions Presented

1. Whether the foreclosure action was barred by the six-year statute of limitations.
2. Whether Wilmington Trust established prima facie entitlement to summary judgment by proving the mortgage, unpaid note, borrower default, and its standing to foreclose.
3. Whether 55 Chester, LLC raised a triable issue of fact in opposition to the plaintiff's motion.
4. Whether the Supreme Court properly struck the affirmative defenses and counterclaims and granted an order of reference.

Disposition

affirmed