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MONTOUTE v. WELLS FARGO BANK, N.A.

2019-10817. Index No. 602065/19.

208 A.D.3d 474 (2022)

173 N.Y.S.3d 283

2022 NY Slip Op 04800

Oswyn Montoute et al., Appellants, v. Wells Fargo Bank, N.A., Respondent, et al., Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided August 3, 2022.

Attorney(s) appearing for the Case

Petroff Amshen, LLP, Brooklyn, NY (Serge F. Petroff, James Tierney, and Steven Amshen of counsel), for appellants.

Reed Smith, LLP, New York, NY (Andrew B. Messite and Kerren B. Zinner of counsel), for respondent.

Connolly, J.P., Christopher, Genovesi and Ford, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

In 2007, Wells Fargo Bank, N.A. (hereinafter Wells Fargo), commenced an action, inter alia, to foreclose a mortgage given by Oswyn Montoute (hereinafter Oswyn) and secured by certain residential property located in Nassau County and owned by Oswyn and Janice Montoute (hereinafter together the Montoutes). The Montoutes failed to timely appear or answer the complaint. In 2017, Wells Fargo obtained...

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