Eastern Savings Bank, FSB v. Linford W. Johnson, Individually, and as Administrator of the Estate of Mulvina Eccleston; New York City Environmental Control Board, Michael Johnson, William Robinson, Arlene Williamson, Kalich Williamson, and Agatha Johnson

Summary

The court recommends that the District Court issue a writ of assistance under the All Writs Act and Federal Rule of Civil Procedure 70 to remove occupants from property purchased at a foreclosure sale. The recommendation concludes that the foreclosure judgment granted the purchaser possession and that the occupants failed to vacate or oppose the writ motion. The parties were advised of their fourteen-day period to object.

Holdings

1. The court recommended that the District Court issue a writ of assistance authorizing removal of the occupants and granting ESB access to the foreclosed property.

Questions Presented

1. Whether the court should recommend issuance of a writ of assistance to enforce the foreclosure judgment and remove occupants who refused to vacate the property.
2. Whether the All Writs Act, Federal Rule of Civil Procedure 70, and New York Real Property Actions and Proceedings Law § 221 authorize the requested enforcement relief.

Disposition

other