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BCMB1 Trust v. Rubio

Legislation Requiring the Inclusion of Hardship Declarations Not Violation of RPAPL §1304

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Upon the papers submitted (notice of motion with supporting papers, notice of cross motion with supporting papers, affirmation in opposition to the cross motion) it is

ORDERED that the motion for summary judgment are granted, and it is further ORDERED that the cross motion for summary judgment is denied, and it is further ORDERED that an order of reference is signed this date. This foreclosure action involves a note in the sum of $45,000.00 delivered to Concord Mortgage Corp, the plaintiff’s predecessor-in-interest, on January 31, 2007 by defendants, Maria M. Rubio and Pascual N. Rubio. As security for the repayment of the note, defendants executed and delivered a mortgage secured by the real property located at 7 Norma Place, Amityville. Several assignments of mortgage was subsequently recorded. The defendants defaulted on the terms of the Note and Mortgage by failing to make the mortgage payment that was due November 1, 2010 and each subsequent payment. The plaintiff commenced this foreclosure action on July 31, 2021 and the defendants timely answered. Presently, the plaintiff has moved for summary judgment on the complaint claiming that it has established the elements of the default and all condition precedent. Defendants has cross moved for summary judgement claiming that the plaintiff failed to comply with RPAPL §§1303 and 1304.

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