NATIONSTAR MORTGAGE LLC v. 21 LLC (2026)

DECISION & ORDER

In an action to foreclose a mortgage, nonparty 21 Queens, LLC, appeals from an order of the Supreme Court, Kings County (Derefim B. Neckles, J.), dated July 1, 2024.  The order denied the motion of nonparty 21 Queens, LLC, inter alia, for leave to intervene in the action and, thereupon, pursuant to CPLR 5015(a)(4) to vacate a judgment of foreclosure and sale of the same court dated October 24, 2018, and to dismiss the amended complaint for lack of jurisdiction.

ORDERED that the order is affirmed, with costs.

In August 2009, Edith Guillen (hereinafter the decedent) executed a note secured by a mortgage on certain real property located in Brooklyn (hereinafter the property).  The decedent died on December 22, 2010.  In September 2012, the instant foreclosure action was commenced against, among others, the decedent.  The decedent's alleged heirs at law, including Steven Russ, Shawn Guillen, and Gerri Elisa Robinson, were subsequently added as defendants in the action.  In February 2017, the Supreme Court appointed a referee to compute the amount due to the plaintiff, and in October 2018, the court issued a judgment of foreclosure and sale, inter alia, directing the sale of the property.  In July 2023, the property was sold at public auction to third-party purchasers.

Thereafter, in November 2023, 21 Queens, LLC (hereinafter 21 Queens), moved, inter alia, for leave to intervene in the action on the ground that it had an interest in the outcome of the action and, thereupon, pursuant to CPLR 5015(a)(4) to vacate the judgment of foreclosure and sale, and to dismiss the amended complaint for lack of jurisdiction.  In support, 21 Queens submitted evidence that, two days prior to the foreclosure sale, the decedent's alleged heirs at law, including Guillen and “Gerri Spears,” conveyed title to the property to 21 Queens, of which Guillen, Spears, and another were members.  In an order dated July 1, 2024, the Supreme Court denied the motion.  21 Queens appeals.

The Supreme Court properly denied the motion of 21 Queens, among other things, for leave to intervene in the action and, thereupon, pursuant to CPLR 5015(a)(4) to vacate the judgment of foreclosure and sale and to dismiss the amended complaint for lack of jurisdiction.  21 Queens failed to demonstrate, inter alia, that it had acquired a real and substantial interest in the outcome of the action so as to warrant intervention (see Federal Natl. Mtge. Assn. v. Unknown Heirs, 232 A.D.3d 686, 687, 221 N.Y.S.3d 199;  HSBC Mtge. Corp. [USA] v. Wisnieski, 195 A.D.3d 603, 604, 144 N.Y.S.3d 626).

In light of our determination, we need not reach the parties' remaining contentions.

DILLON, J.P., DOWLING, TAYLOR and MCCORMACK, JJ., concur.