The defendants' contentions that the plaintiff fraudulently robosigned allonges to the note and failed to comply with RPAPL 1304 amount to allegations of intrinsic fraud. A defendant seeking to vacate a default pursuant to CPLR 5015(a)(3) based on intrinsic fraud must establish a reasonable excuse for the default and a potentially meritorious defense to the action. Since the defendants failed even to allege any reasonable excuse for either one of their defaults, the court denied that branch of their motion to vacate the order and judgment of foreclosure and sale.
Bank of Am., N.A. v. Anderson, NY Slip Op 02635 (2d Dep't May 17, 2023)
