Ocwen Federal Bank, FSB v. Bassi
Cases that cite this one
3 later published cases cite this decision.
- Cerrato v. BAC Home Loans Servicing (In re Cerrato) (United States Bankruptcy Court, E.D. New York 2014)
- Bardi v. Estate of Morgan (Appellate Division of the Supreme Court of New York 2009)
- Kolkunova v. Guaranteed Home Mortgage Co. (Appellate Division of the Supreme Court of New York 2007)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—In an action to foreclose a mortgage, the defendants George Bassi and Elizabeth Bassi appeal from an order of the Supreme Court, Westchester County (Nastasi, J.), entered May 21, 2001, which granted the plaintiffs motion for a writ of assistance, and denied their cross motion, inter alia, to vacate a referee’s deed, set aside a foreclosure sale, and order a new foreclosure sale subject to their right of redemption.
Ordered that the order is affirmed, with costs.
A court possesses broad equitable powers to set aside a foreclosure sale where fraud, collusion, mistake, or misconduct casts doubt on the fairness of the sale (see Provident Sav. Bank v Bordes, 244 AD2d 470). No such misconduct occurred here. Moreover, the appellant mortgagors lack standing to object to the referee’s variance from the time of the essence term of sale with the successful bidder (see Scheckter v Emigrant Sav. Bank, 237 AD2d 273). In any event, the appellants’ facially improper, redundant, second bankruptcy filing was directly responsible for the delay in the closing of the foreclosure sale until after the law date specified in the terms of sale, and thus, they may not be heard to complain of this delay (see SRF Bldrs. Capital Corp. v Ventura, 224 AD2d 678).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.