DLJ Mortgage Capital, Inc. v. Pirozzi
- Vincent Briccetti
- 7:19-cv-07326
- U.S. District Court · Southern District of New York
- 10
DLJ Mortgage v. Pirozzi: Judge Briccetti entered a foreclosure judgment authorizing sale and barring redemption after consent.
DLJ Mortgage Capital, Inc. and Larry C. Pirozzi were directly affected. The judgment also affected persons claiming an interest under Pirozzi after the notice of pendency, the appointed sale referee, and any purchaser at the foreclosure sale.
What happened
In DLJ Mortgage Capital, Inc. v. Pirozzi, the court addressed a mortgage foreclosure involving property at 135 Peenpack Trail. The defendant agreed to withdraw his answer and consented to judgment, stipulating that $246,560.31 was due as of May 31, 2022.
The court authorized a public auction of the property, appointed a referee to conduct the sale, and directed how the sale proceeds would be distributed. It also amended the case caption to replace Ditech Financial LLC with DLJ Mortgage Capital, Inc. and ordered the mortgage’s legal description corrected to match the deed.
Judge Vincent L. Briccetti entered the judgment of foreclosure and sale, confirmed the stipulated amount due, barred the defendant and later claimants from asserting rights in the property or redeeming it, terminated the pending motion, and closed the case.
The detailed version
- DLJ Mortgage Capital, Inc. v. Pirozzi · No. 7:19-cv-07326
- Vincent Briccetti
- Aug. 8, 2022
Background
The action was originally brought by Ditech Financial LLC against Larry C. Pirozzi. The judgment states that the complaint was filed on August 6, 2019, refiled on August 23, 2019, and followed by a notice of pendency filed in the Orange County Clerk’s Office. Counsel for Ditech and Pirozzi signed a stipulation consenting to entry of a judgment of foreclosure and sale. Under that stipulation, Pirozzi agreed to withdraw his answer and agreed that $246,560.31 was due on the note and mortgage as of May 31, 2022.
Orders Entered
The court ordered the mortgaged property, identified as 135 Peenpack Trail, Huguenot, New York 12746, to be sold as one parcel at a public auction. The court appointed Melissa Mohan as referee to conduct the sale and directed her to give public notice under New York Real Property Actions and Proceedings Law section 231. The judgment set out procedures for handling the sale proceeds, including payment of the referee’s fee, advertising and sale expenses, property-related liens and charges, attorney fees and costs, amounts due under the mortgage, and any surplus.
The court amended the caption to substitute DLJ Mortgage Capital, Inc. for Ditech Financial LLC, stating that the amendment was without prejudice to proceedings already held. It also ordered that the legal description attached to the mortgage be reformed to conform to a deed dated December 20, 2011, and recorded on April 1, 2022, conveying title to the described property to Larry C. Pirozzi.
Disposition
Judge Vincent L. Briccetti ratified and confirmed the stipulation and entered the judgment of foreclosure and sale. The judgment provided for interest at the contract rate through entry of judgment and statutory interest afterward, along with certain permitted advances. It barred Larry C. Pirozzi and persons claiming under him after the notice of pendency from asserting rights, liens, or an equity of redemption in the property. The Clerk was directed to substitute DLJ Mortgage Capital, Inc. as plaintiff, terminate motion number 48, and close the case.
Read the full 10-page opinion on CourtListener, the free public archive maintained by the Free Law Project.