Justice Thomas Whelan
Onewest Bank filed this mortgage foreclosure action against Navarro. Onewest argued Navarro defaulted in her payment obligations. Navarro sought dismissal of Onewest’s complaint under CPLR 3215(c). The court noted where Onewest demonstrated its motion to fix defaults was made within one year of the release of the action from the conference part, the presumption of abandonment that would arise under §3215(c), was neutralized, if not negated, entirely. It found Navarro was not entitled to dismissal under §3215(c) as sufficient cause for the delay in moving and the meritorious nature of Onewest’s claims for foreclosure and sale were sufficiently established. The court also denied Navarro’s cross-claim seeking vacatur of her default, stating the excuses proffered by Navarro for her delay in answering the summons and complaint were premised on her inability to read or write English and lack of knowledge understanding the legal process. It stated recent appellate cases held that confusion or ignorance of the law or legal process did not constitute reasonable excuses for failure to answer or appear. Thus, the court granted Onewest’s motion to fix defendants’ default and appointment of a referee to compute.
