| Mortgage Elec. Registration Sys., Inc. v Horkan |
| 2009 NY Slip Op 09441 [68 AD3d 948] |
| December 15, 2009 |
| Appellate Division, Second Department |
| Mortgage Electronic Registration Systems, Inc.,Respondent, v Rosalie Horkan et al., Defendants. IPA Asset Management II, LLC,Nonparty Appellant. |
—[*1] Berkman, Henoch, Peterson & Peddy, P.C., Garden City, N.Y. (Jonathan M. Cohen, RonaldM. Terenzi, Cara M. Goldstein, and Alan Waintraub of counsel), for respondent.
In an action to foreclose a mortgage, nonparty IPA Asset Management II, LLC, appeals, aslimited by its brief, from so much of an order of the Supreme Court, Dutchess County (Brands,J.), dated May 6, 2008, as granted that branch of the plaintiff's motion which was to direct thereferee to execute a referee's deed and all other requisite transfer documents to transfer title ofthe subject premises to Countrywide Home Loans, Inc., as the ultimate assignee of the plaintiff.
Ordered that the order is affirmed insofar as appealed from, with costs.
Following a foreclosure auction conducted on March 26, 2007 the highest bidder at theauction defaulted by failing to appear for a scheduled closing. The plaintiff, who was the secondhighest bidder at the auction, moved, inter alia, for an order directing the transfer of title of thesubject premises to Countrywide Home Loans, Inc., as the plaintiff's ultimate assignee. Underthe unique circumstances of this case, the Supreme Court providently exercised its discretion ingranting that branch of the plaintiff's motion. A foreclosure action is equitable in nature andtriggers the equitable powers of the court (see Notey v Darien Constr. Corp., 41 NY2d1055, 1055-1056 [1977]). "Once equity is invoked, the court's power is as broad as equity andjustice require" (Norstar Bank v Morabito, 201 AD2d 545, 546 [1994]).
The parties' remaining contentions are without merit. Prudenti, P.J., Skelos, Covello andAustin, JJ., concur.