The Appellate Division unanimously affirmed the Order granting, on default, plaintiff's motion for summary judgment and the appointment of a referee, and a judgment of foreclosure and sale. While the motion court may have failed to address whether defendant demonstrated a reasonable excuse for his default, the record shows that defendant, acting pro se, filed a Chapter 13 petition for bankruptcy protection listing plaintiff as a creditor, which resulted in an automatic stay of the foreclosure sale. Therefore, plaintiff's claims that he was unaware of the foreclosure proceedings due to the long-term illness of defendant's attorney, who neglected to advise defendant that he was no longer able to defend him in this residential foreclosure action, are unavailing. At the very least, plaintiff knew about the default judgment when he moved to stay the foreclosure sale, and he did not seek to vacate his default until four months later. As defendant failed to demonstrate a reasonable excuse for his default, it was not necessary for the Appellate Division to reach the issue of the availability of a meritorious defense.
U.S. Bank Natl. Assn. v. Hao T. Hoang, NY Slip Op 06077 (1st Dep't October 27, 2020)
