MCD 529 Corp. v. Wells Fargo Bank, N.A.
| MCD 529 Corp. |
| Wells Fargo Bank, N.A., As Trustee For Option One Mortgage Loan Trust 2007-6, Asset-Backed Certificates, Series 2007-6 and Wells Fargo Bank, N.A. |
| 1:2022cv03198 |
| May 31, 2022 |
| US District Court for the Eastern District of New York |
| Ann M Donnelly |
| Marcia M Henry |
| Real Property: Other |
| 28 U.S.C. ยง 1332 Diversity-Declaratory Judgement |
| None |
Docket Report
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| Document Text |
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SCHEDULING ORDER: The parties are directed to file letters by August 3, 2022, not to exceed five pages, addressing the following issues and citing relevant authority: whether the dismissal of a foreclosure action invalidates the underlying mortgage, whether the defendant's 2008 foreclosure action accelerated the mortgage debt, whether the state court's dismissal of the foreclosure action constituted a revocation of the defendant's election to accelerate the debt, and whether the plaintiff can seek the cancellation of the mortgage if the applicable statute of limitations for commencing a foreclosure action has expired. See Freedom Mortg. Corp. v. Engel, 37 N.Y.3d 1 (2021); see also Daldan, Inc. v. Deutsche Bank Nat'l Tr. Co., 188 A.D.3d 989 (2d Dep't 2020). Ordered by Judge Ann M. Donnelly on 7/27/2022. (Mathew, Joshua)
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| Filing 9 Letter to Judge Donnelly re Defendant's request for pre-motion conference by MCD 529 Corp. (Vlock, Stephen) |
| Filing 8 MOTION for pre motion conference re #1 Complaint, by Wells Fargo Bank, N.A.. (Jacob, Leah) |
| Filing 7 Corporate Disclosure Statement by Wells Fargo Bank, N.A. (Jacob, Leah) |
| Filing 6 NOTICE of Appearance by Leah Nicole Jacob on behalf of Wells Fargo Bank, N.A. (aty to be noticed) (Jacob, Leah) |
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SCHEDULING ORDER: The plaintiff is directed to file a letter answer to the the defendant's pre-motion conference request #8 by July 19, 2022. Ordered by Judge Ann M. Donnelly on 7/12/2022. (Mathew, Joshua)
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| Filing 5 Summons Issued as to Wells Fargo Bank, N.A.. (Bowens, Priscilla) |
| Filing 4 NOTICE of Appearance by Steven Paul Giordano on behalf of MCD 529 Corp. (aty to be noticed) (Giordano, Steven) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Main Document 3 replaced on 6/2/2022) (Bowens, Priscilla). |
| Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against Wells Fargo Bank, N.A. Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by MCD 529 Corp.. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Bowens, Priscilla) Modified on 6/2/2022 (Bowens, Priscilla). |
| Case Assigned to Judge Ann M Donnelly and Magistrate Judge Marcia M. Henry. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |
| FILING FEE: $ 402.00, receipt number ANYEDC-15614212 (Bowens, Priscilla) |
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