Justice Jack Battaglia
Plaintiff 1st United Bank moved for judgment on default in this mortgage foreclosure proceeding. Mortgagor Wyckoff Enterprises was the record owner, and Lopez is its member and signatory to the underlying note. Bank’s attorney sought a residential mortgage foreclosure conference under CPLR 3408, but claimed same was never scheduled as the clerk informed counsel the parties were not entitled to such conference because the primary borrower under the mortgage was a corporation, not a natural person. The court opined if he should be deprived the settlement conference proceedings mandated by §3408 because the mortgage and property were in the name of a limited liability company. It concluded where a defendant was personally obligated on a note, and satisfied the residency requirements specified in §3408(a), and incorporated through the definition of “home loan” in real Property Actions and Proceedings Law §1304(5)(a), defendant’s entitlement to statutory settlement conference proceedings comported with the plain meaning of both provisions, regardless of whether defendant held legal title to the property. Thus, bank’s motion was granted to the extent the clerk was directed to schedule this action for proceedings in the Foreclosure Settlement Conference part.
