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WELLS FARGO BANK, N.A., as Indenture Trustee under the Indenture Relating to IMH Assets Corp., Collateralized Asset-Backed Bond, Series 2004-2, Respondent, v. DENISE CARNEY, Appellant, and GORDON R. HAMILTON, Inter

The court properly found that there was no fraud, collusion, mistake, or misconduct that would permit it to set aside a sale of foreclosure in the absence of compliance with the requirements of RPAPL 1341 ( see NYCTL 1996-1 Trust v LFJ Realty Corp., 307 AD2d 957, lv dismissed 1 NY3d 622). Carney's contention that her right of redemption continued until delivery of the referee's deed is unsupported by case law ( see GMAC Mtge. Corp. v Tuck, 299 AD2d 315, 316; United Capital Corp. v 183 Lorraine St. Assoc., 251 AD2d 400), and contradicted by the plain wording of RPAPL 1341, which "does not allow for a discretionary interpretation or application" ( Gabriel v 351 St. Nicholas Equities, 168 AD2d 338, 339).

[ see 2007 NY Slip Op 32074(U).]

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FARGO v. DENISE
(Apr 1, 2008)