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Bank of Am. v. Welga

Bank Proves Entitlement to Default Judgment in Mortgage Foreclosure Proceeding

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Upon the following papers numbered 1 to 25 read on this motion;Notice of Motion/Order to Show Cause and supporting papers 1-14;Notice of Cross Motion and supporting papers 15-21;Answering Affidavits and supporting papers 22-23;Replying Affidavits and supporting papers 24-25;Other;(and after hearing counsel in support and opposed to the motion) it is.

*1  ORDERED that this motion by plaintiff Bank of America, N.A., seeking an order: 1) granting a default judgment; 2) substituting U.S. Bank Trust. N.A., as Trustee for LSF9 Master Participation Trust as the named party plaintiff in place and stead of Bank of America, N.A. and discontinuing the action against defendants designated as “John Doe”; 3) deeming all defendants in default; 4) amending the caption; and 5) appointing a referee to compute the sums due and owing to the plaintiff in this mortgage foreclosure action is granted: and it is further ORDERED that the cross motion by defendants Brian Jonathan Welga and Tara Welga for an order dismissing plaintiff’s complaint as abandoned pursuant to CPLR 3215(c) or, in the alternative, denying plaintiff’s motion for an order of reference, is denied; and it is furtherORDERED that plaintiff is directed to serve a copy of this order amending the caption upon the Calendar Clerk of the Court; and it is furtherORDERED that plaintiff is directed to serve a copy of this order with notice of entry upon all parties who have appeared and not waived further notice pursuant to CPLR 2103(b)(1),(2) or (3) within thirty days of the date of this order and to promptly file the affidavits of service with the Clerk of the Court.Plaintiff’s action seeks to foreclose a mortgage in the original sum of $224,250.00 executed by defendants Brian Jonathan Welga and Tara Welga on December 20, 2005 in favor of American Brokers Conduit. On the same date the Welga defendants executed a promissory note promising to re-pay the entire amount of the indebtedness to the lender. Defendants subsequently executed a loan

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