131 A.D.3d 737
N.Y. App. Div.
2015

DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee in Trust for REGISTERED HOLDERS OF VCM SERIES 2009-1, Respondent, v TIMOTHY MONICA, Also Known as TIMOTHY I. MONICA, et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of New York, Third Department

2015

15 NYS3d 863

[15 NYS3d 863]

Lynch, J. Appeal from an order of the Supreme Court (Chauvin, J.), entered February 13, 2013 in Saratoga County, which, among other things, granted plaintiff’s motion for summary judgment.

In 2006, defendants Timothy Monica and Kathy Monica (hereinafter collectively referred to as defendants) executed a note in favor of American Home Mortgage Acceptance, Inc. (hereinafter AHMA) that was secured by a mortgage on real property located in Saratoga County. For recording purposes, the mortgage names Mortgage Electronic Registration Systems, Inc. (hereinafter MERS) as nominee and mortgagee. MERS assigned the mortgage to plaintiff in 2009. Plaintiff then commenced the instant foreclosure action in 2011, four years after defendants defaulted on the loan.1 Following joinder of issue, plaintiff moved for summary judgment striking defendants’ answer and appointing a referee to compute the amount owed. Defendants cross-moved for, among other things, summary judgment dismissing the complaint against them for lack of standing. Supreme Court granted plaintiff’s motion and denied defendants’ cross motion. Defendants appeal.