OCWEN FEDERAL BANK, v. BASSI

ORDERED that the order is affirmed, with costs.

A court possesses broad equitable powers to set aside a foreclosure sale where fraud, collusion, mistake, or misconduct casts doubt on the fairness of the sale (see Provident Sav. Bank v. Bordes, 244 A.D.2d 470). No such misconduct occurred here. Moreover, the appellant mortgagors lack standing to object to the referee's variance from the time-of-the-essence term of sale with the successful bidder (see Scheckter v. Emigrant Sav. Bank, 237 A.D.2d 273). In any event, the appellants' facially improper, redundant, second bankruptcy filing was directly responsible for the delay in the closing of the foreclosure sale until after the law date specified in the terms of sale, and thus, they may not be heard to complain of this delay (see SRF Bldrs. Capital Corp. v. Ventura, 224 A.D.2d 678).

The appellants' remaining contentions are without merit.

RITTER, J.P., FEUERSTEIN, GOLDSTEIN and COZIER, JJ., concur.