Guldi as administrator of the Estate of Walter E. Guildi was revoked as a last will and testament of his deceased father had been propounded. Guldi were appointed co-executors of the estate of the deceased Walter E. Guldi, but they never appeared nor were they substituted as party defendants in the foreclosure action in the place of George O. Guldi as administrator of the estate of Water E.
In February of , George O. Guldi was convicted of one or more felonies Those convictions rendered him ineligible to further serve as executor or other personal representative of the estate of his deceased father see SCPA and resulted in his disbarment from the practice of law as of February 16, Notwithstanding these circumstances, George O.
Guldi continued to prosecute defenses to the foreclosure action as administrator of the estate of Walter E. Guldi and as counsel for one or more of the corporate defendants, even though he was without authority and capacity to so proceed. By order dated May 19, , Homecomings was awarded summary judgment on its complaint against Guldi, Deerfield Ltd. The motion was opposed by Guldi on, among other things, the standing defense asserted in the answer served. A judgment of foreclosure and sale issued on May 23, that was entered in favor of Homecomings Financial on June 20, Guldi filed an appeal from, among other things, that judgment of foreclosure and sale.
While the appeal was pending, the premises were sold at public auction on September 12, by the referee named in the judgment of foreclosure and sale to the plaintiff, Homecomings Financial, who assigned its bid to Residential Funding Company, LLC on October 18, On July 3, , the Appellate Division, Second Department reversed the judgment of foreclosure and sale and the underlying award of summary judgment in favor of the plaintiff, Homecomings Financial, finding that the original plaintiff, MERS, was without standing to prosecute its claims for foreclosure and sale as there was no proof that it was the owner or holder of the note at the time of the commencement of the action or that it had the authority to assign it to the plaintiff, Homecomings.
In an unusual move, the Appellate Division went on to award reverse summary judgment to Guldi as administrator of the estate of his deceased father, a capacity which had been lost to Guldi upon the revocation of his letters of administration in February of as described above. The foreclosure complaint was thus dismissed, but such dismissal was made expressly without prejudice see Homecoming Fin. In April of , the plaintiff filed this action seeking a declaration that the August 6, mortgage in favor of Greenpoint Mortgage Banking, Inc.
Guldi, under the prior Gladys Ellner deed of August 6, , and the October 19, deed by referee of sale, Stephen A. Grossman, Esq. In response to the plaintiff's service of the summons and complaint, defendant, Homecomings Financial, and its bid assignee, defendant, Residential Funding Company LLC, the grantee of title under the October 19, deed of the referee of sale, filed a joint answer containing eight affirmative defenses and a demand for dismissal of the complaint.
Creative Residential Construction Company, Inc. By the instant motion, the plaintiff seeks summary judgment on its complaint against the answering defendants and a default judgment against the non-appearing defendant, Creative Residential Construction, Inc. The motion is opposed by the answering defendants, Homecomings Financial and Residential Funding, who jointly cross move for a stay of this action pending the appointment of the personal representative of the estate of Walter E.
Guldi, the grantor of the plaintiff's title. For the reasons stated, the plaintiff's motion is denied as is the cross motion by the answering defendants for a stay of this action. The plaintiff's claim for cancellation of the August 6, mortgage by Walter O. Guldi in favor of Greenpoint Funding, is premised upon allegations that the six year statute of limitations has run on any claim for foreclosure of the lien of such mortgage, and accordingly, the plaintiff is entitled to an expungement of record of such mortgage lien pursuant to RPAPL 4.
However, the plaintiff failed to demonstrate, prima facie, its entitlement to such relief. It is well settled law that an indebtedness secured by a mortgage accrues as each installment becomes due unless the mortgage debt is duly accelerated by unequivocal notice of acceleration or commencement of an action see Koeppel v Carlandia Corp. Problems like these are beyond our control and are not covered by this guarantee. Since we're dedicating time and effort to your legal document preparation, our guarantee only covers satisfaction issues caused by LegalZoom - not changes to your situation or your state of mind.
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Quitclaim Deeds in New York As in other states, a New York quitclaim deed is a type of deed that conveys all of the legal rights to the property that the grantor has. Tax Consequences of a Quitclaim Deed in New York Before filing a quitclaim deed, it's a good idea to first consider the potential tax consequences. Ready to start your Quitclaim Deed?taylor.evolt.org/cyroh-conocer-mujeres.php
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Related Articles. Sign up to receive our newsletter and get the latest in business news. Top Three Benefits of a Living Trust. The question is whether you should join that 20 percent. Here are our top reasons why a living trust could be right for you. No matter the value of your estate, it is essential that you plan for what will happen to your assets after your death. A living trust, when done correctly, can assure a faster distribution of your assets, avoid unnecessary taxes and keep your wishes private as well.
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