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Windward Bora LLC v. Sterling

Subordinate Interest to Property Extinguished, $104,299 Default Judgment Recommended

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Windward Bora LLC, Plaintiffv.Thomas Sterling, Dothlyn Sterling, and the Big M Inc d/b/a Mandee, Defendants

REPORT AND RECOMMENDATION Presently before the Court in this diversity mortgage foreclosure action, on referral from the Honorable Dennis R. Hurley for Report and Recommendation, is Plaintiff Windward Bora LLC’s (“Plaintiff” or “Windward”) motion for default judgment of foreclosure and sale against Defendants Thomas Sterling, Dothlyn Sterling (together, the “Sterlings”), and the Big M Inc d/b/a Mandee (“Mandee,” collectively, “Defendants”). See Docket Entry (“DE”) [14]. By way of Verified Complaint filed on March 20, 2018, Plaintiff commenced this action against Defendants seeking, inter alia, to foreclose on a mortgage encumbering the property located at 170 Bedford Avenue, Garden City, New York 11040 (the “Subject Property”). See Complaint (“Compl.”), DE [1]. After Defendants failed to respond to the Complaint, the Clerk of the Court entered a Certificate of Default pursuant to Fed. R. Civ. P. 55(a) as to all Defendants on May 7, 2018. DE [13]. On May 24, 2018, Plaintiff filed the instant motion, DE [14], which Judge Hurley then referred to this Court for Report and Recommendation. See Electronic Order Referring Motion dated May 25, 2018. For the reasons set forth below, the Court respectfully recommends that Plaintiff’s motion be granted and that Windward be awarded damages and additional relief as described herein.I. BackgroundOn March 8, 2005, the Sterlings executed and delivered a note to Long Beach Mortgage Company (“LBMC”) by which they promised to pay a principal amount of $100,000 plus interest at a rate of 11.25 percent per annum. See Compl.

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