NATIONSCREDIT FINANCIAL SERVICES CORPORATION v. Neila Spence-Reid, et al., Defendants. (2004)

Supreme Court, Appellate Division, First Department, New York.

NATIONSCREDIT FINANCIAL SERVICES CORPORATION, Plaintiff-Respondent, v. Wensley MOORE, Defendant-Appellant, Neila Spence-Reid, et al., Defendants.

Decided: June 29, 2004

TOM, J.P., ANDRIAS, WILLIAMS, MARLOW, GONZALEZ, JJ.

Albert H. Barkey, New York, for appellant. Stim & Warmuth, P.C., Farmingville (Paula J. Warmuth of counsel), for respondent.

Order, Supreme Court, Bronx County (Bertram Katz, J.), entered June 16, 2003, which denied defendant-appellant Moore's motion to, inter alia, vacate a judgment of foreclosure and set aside the sale, unanimously affirmed, without costs.

We affirm on the ground that appellant lacked standing to cure a mortgage default under the Bankruptcy Code (11 USC § 1322[c][1] ) because he was not the defaulting mortgagor. The motion court aptly noted that appellant's collateral claim would be properly advanced in a different action.

We have considered appellant's other contentions and find them unavailing.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network