WILMINGTON SAVINGS FUND SOCIETY FSB AS TRUSTEE FOR PREMIUM MORTGAGE ACQUISITION TRUST v. SPOSATO DCFS (2025)

The following papers numbered 1 to 5 were read on this motion:

Paper Number

Order to Show Cause, Affidavits and Exhibits 1

Affirmation and Exhibit in Opposition 2

Affirmation and Exhibits in Opposition 3

Affidavit and Exhibits in Reply 4

Reply Affidavit 5

There is an open motion before the Court filed by defendant Linda Sposato in this foreclosure action. Ms. Sposato, appearing pro se, appears to be seeking to have the Court vacate a Judgment of Foreclosure and Sale that it issued in January 2020. Over the years, Ms. Sposato has filed multiple motions, both with counsel and since she has become pro se; filed for bankruptcy five times; and had the Court (and the Appellate Division) cancel several foreclosure sales.

In February 2023, the Court ruled on two motions that Ms. Sposato filed, declining to vacate the Judgment of Foreclosure and Sale, stating that “This eight-year old foreclosure must come to its conclusion.” Now this action is over ten years old, and Ms. Sposato has presented the Court with no new evidence or law to substantiate her claims of fraud, or otherwise give the Court any legal basis for the relief she seeks. The Court notes that although Ms. Sposato seems to have a serious problem with non-party Stewart Title Company, the title company which recorded the mortgage, the Order to Show Cause seeks no relief against it. Moreover, according to the title insurance policy, Ms. Sposato was not an insured under the policy.

While the Court is aware that Ms. Sposato is trying her best to save her home, the Court is bound by the applicable law. Accordingly, the Court has no choice but to deny the motion in its entirety.

The foregoing constitutes the decision and order of the Court.

Linda S. Jamieson, J.