Newrez v. Spicer

Newrez v Spicer 2026 NY Slip Op 30307(U) February 11, 2026 Supreme Court, Putnam County Docket Number: Index No. 501759/2025 Judge: Victor G. Grossman Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service.

This opinion is uncorrected and not selected for official publication.

file:///LRB-ALB-FS1/Vol1/ecourts/Process/covers/501759_WW.html[02/13/2026 3:47:25 PM] INDEX NO. 501759/2025 NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 02/11/2026

SUPREME COURT - STATE OF NEW YORK Present: HON. VICTOR G. GROSSMAN, J.S.C. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF PUTNAM -----------------------------------------------------------------------x NEWREZ LLC d/b/a SHELLPOINT MORTGAGE SERVICING, To commence the statutory time Plaintiff, period for appeals as of right (CPLR 5513[a]), you are advised -against- to serve a copy of this order, with notice of entry, upon all parties.

SELENA SPICER f/k/a SELENA PITT et al., Index No. 5017 5f 2025 Defendants. Mot. Seq. No. 2, 3 -----------------------------------------------------------------------x DECISION AND ORDER

The following papers numbered I to 11 were read on Defendant's motions for orders dismissing the Complaint, striking Plaintiff's affirmative defenses to her counterclaims, and granting other relief: Notice of Motion - Affirmation / Exhibits -- Memorandum ...................................... . 1-3 Affirmations in Opposition (2) / Exhibits ....................................... ....................... 4-5 Notice of Motion - Affirmation / Exhibits -- Memorandum ... ...... ..... . ................... ..... 6-8 Affirmations in Opposition (2) / Exhibits ............................................................ 9-10 Reply Memorandum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11 Upon the foregoing papers it is ORDERED that the motions are disposed of as follows: This is a residential mortgage foreclosure action. Defendant Selena Spicer prose moved for dismissal of the Complaint and of the Plaintiff's affirmative defenses to her counterclaims on the grounds inter alia that the mortgage had been satisfied and discharged.

In opposition, Plaintiff demonstrated inter alia that:

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■ On or about April 23, 2025, Shellpoint mailed a payoff letter to Defendant setting forth a total payoff amount due of $6 17,905. I 6.

■ On or about April 29, 2025, Shellpoint received a check in the amount of$6 17,906.00 in connection with an asserted payoff of the mortgage loan, and deposited the check.

■ On or about April 30, 2025, consistent with its automated release process, Shellpoint transmitted an automated email to Defendant advising that the loan was paid in full , and initiated the satisfaction of mortgage process.

■ On or about May 8, 2025, Sit el/point was alerted that tlte payoff check was returned Ullpaid, bearing tlte notation "Unable to Locate". A copy of tlte returned clteck was proffered witlt Plaintiff's motion papers.

■ On or about May 8, 2025, the satisfaction of mortgage process was cancelled, the mo11gage loan was reinstated to default status in Shellpo int's system, and no satis faction of mortgage was recorded, delivered, or mailed to Defendant.

■ On or about May 9, 2025 , Shell point mailed Defendant a Notice of Default and 90-Day Notice.

■ On or about May 12, 2025, Sltel/point advised Defelldant viafirst class mail tltat tlte payoff clteck !tad been returned unpaid.

■ On or about May 14, 2025 , Shell point advised Defendant by mail of loss mitigation options.

■ On or about October 9, 2025, Defendant submitted a loss mitigation application. She was approved for a partial cla im, which she initially accepted but ultimately rejected.

■ On or about November 18, 2025, Defendant rejected a trial modificatio n plan offer.

■ Upon Defendant's failure to cure her default, Plaintiff commence d this foreclosure action.

Defendant, in reply, did not contest any of the foregoi ng facts and effectively admitted that Plaintiffs showing precludes the granting of her motions for dismissal.

22 NYCRR 130- 1. l (a) provides in pertinent part that "[t)he court, in its discretion, may award to any party or attorney in any civi l action or proceeding before the court, except where prohibited by law, costs in the form of reimbursem ent for actual expenses reasonably incurred and reasonable attorney's fees, resulting from frivo lous conduct as defined in thi s Part."

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Subdivision "c" thereof further provides that "[f]or purposes of this Part, conduct is frivolous if.. .(3) it asserts material factual statements that are false." Defendant engaged in frivo lous conduct within the meaning of 22 NYCRR 130-1.1 by moving for dismissal of this foreclosure action on the purported ground that the mortgage had been satisfied and discharged without advising the Court that the mortgage payoff check had been dishonored and returned unpaid.

Therefore, Plaintiff is awarded actual expenses and reasonable attorney 's fees reasonably incurred in opposing Defendant' s motions.

It is therefore ORDERED, that Defendant' s motions for dismissal of the Complaint and Plaintiffs affirmative defense to her counterclaims are denied in their entirety, and it is further ORDERED, that Plaintiff is awarded expenses and reasonable attorney ' s fees pursuant to NYCRR 130-1.l(a), and may efile an affidavit proving the amount thereof within ten ( 10) days of the date of this Order.

The foregoing constitutes the decision and order of the Court.

Dated: February _fj_ , 2026 ENTER Carmel, New York

OSSMAN, J.S.C.

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