District Judge I. Leo Glasser

 

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In 2005, Perez executed a mortgage on certain premises. He issued the mortgage to New Century Mortgage Corp. to secure an $84,000 note. The mortgage and note were assigned to Gustavia Home LLC. Perez failed making payments on the note after Dec. 1, 2008. On Oct. 28, 2015, Gustavia sent Perez notice required by New York Real Property Actions and Proceedings Law §1304 and waited the minimum 90 days required to initiate legal proceedings. Gustavia’s March 1, 2016 action sought $149,966.66 in unpaid principal, accrued interest and late charges under the note. Although sympathetic to Perez’s challenges in obtaining counsel, and noting that Gustavia’s motion had been held in abeyance for over five months, district court granted Gustavia summary judgment in its foreclosure action. Gustavia submitted both the note and mortgage, and documents proving the mortgage’s assignment to it. Because Perez failed to tender required payments, the note entitles Gustavia to accelerate and demand repayment of the full amount due, plus interest. The evidence established Gustavia’s prima facie case. By failing to oppose Gustavia’s motion, Perez did not raise material factual issues or affirmative defenses to overcome summary judgment.

District Judge I. Leo Glasser

 

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In 2005, Perez executed a mortgage on certain premises. He issued the mortgage to New Century Mortgage Corp. to secure an $84,000 note. The mortgage and note were assigned to Gustavia Home LLC. Perez failed making payments on the note after Dec. 1, 2008. On Oct. 28, 2015, Gustavia sent Perez notice required by New York Real Property Actions and Proceedings Law §1304 and waited the minimum 90 days required to initiate legal proceedings. Gustavia’s March 1, 2016 action sought $149,966.66 in unpaid principal, accrued interest and late charges under the note. Although sympathetic to Perez’s challenges in obtaining counsel, and noting that Gustavia’s motion had been held in abeyance for over five months, district court granted Gustavia summary judgment in its foreclosure action. Gustavia submitted both the note and mortgage, and documents proving the mortgage’s assignment to it. Because Perez failed to tender required payments, the note entitles Gustavia to accelerate and demand repayment of the full amount due, plus interest. The evidence established Gustavia’s prima facie case. By failing to oppose Gustavia’s motion, Perez did not raise material factual issues or affirmative defenses to overcome summary judgment.