Wells Fargo Bank v. Graziano

3 Citing cases

  1. Deutsche Bank Nat'l Tr. Co. v. Singh

    2023 N.Y. Slip Op. 2776 (N.Y. App. Div. 2023)

    Although a party's compliance with applicable mortgage servicing laws, rules, and regulations is a factor in determining whether a party complied with its obligation to negotiate in good faith (see CPLR 3408[f][2], [3]), the alleged violations here did not occur in relation to the settlement conferences held pursuant to CPLR 3408 (cf. Wells Fargo Bank, N.A. v Marchisello, 2020 NY Slip Op 34395[U] [Sup Ct, Suffolk County]). Moreover, since the defendants do not seek to vacate the judgment of foreclosure and sale, they are not entitled to a bad faith hearing pursuant to CPLR 3408(i) (see Wells Fargo Bank, N.A. v Graziano, 192 A.D.3d 1192, 1192-1193).

  2. U.S. Bank v. Glasgow

    2024 N.Y. Slip Op. 34387 (N.Y. Sup. Ct. 2024)

    (Wells Fargo Bank N.A.v.Graziano, 192 A.D.3d 1192, 1192 12d Dept 2021].).

  3. U.S. Bank v. Cunningham

    2024 N.Y. Slip Op. 32892 (N.Y. Sup. Ct. 2024)

    "A judgment of foreclosure and sale is final as to all questions at issue between the parties and concludes all matters of defense which were or might have been litigated in the foreclosure action" (Wells Fargo Bank, N.A. v Graziano, 192 A.D.3d 1192, 1192-1193 [2d Dept 2021], quoting Ciraldo v JP Morgan Chase Bank, N.A., 140 A.D.3d 912, 913 [2d Dept 2016]). Importantly, since Defendant's reliefs in mot. seq. #13 do not seek to vacate the judgment of foreclosure and sale, the duly entered JFS remains binding.