The following papers were considered in connection with the motion by order to show cause of the defendant Washington Mutual Bank, F.A. for an order compelling the plaintiff to provide it with a payoff quote:

Order to show cause, affirmation, exhibits A-C1-5

Affirmation in opposition, exhibits A-G6-13

Reply affirmation14

In an action to foreclose on certain real property located at 12 Oak Valley Lane, Purchase New York (hereinafter the property), this Court (Colabella, J.), in an order dated September 17, 2012, granted the plaintiff a default judgment against the defendants and an order of reference. In a decision and order dated March 30, 2015, this Court denied the motion of the defendant JPMorgan Chase Bank, N.A., Acquirer of Certain Assets and Liabilities of Washington Mutual Bank from the Federal Deposit Insurance Corporation, as receiver for Washington Mutual Bank (s/h/a "Washington Mutual Bank, FA") (hereinafter WaMu/JPMorgan) for an order vacating its default pursuant to CPLR 5015 (a) (1).

WaMu/JPMorgan now moves by order to show cause for an order compelling the plaintiff to provide it with a payoff quote, contending that, as a subordinate lienor of the property by virtue of a mortgage dated September 26, 2003 and recorded December 8, 2008 under Control No. 483360225 with the Westchester County Clerk, it has a right to redeem its interest in the property until the property is sold in a foreclosure sale.

The plaintiff opposes the motion, contending that the Court's March 30, 2015 order denying WaMu/JPMorgan's motion to vacate its default precludes it from seeking any affirmative relief from the Court.

WaMu/JPMorgan's motion is granted. "The equity of redemption, which long predates the RPAPL, allows property owners to redeem their property by tendering the full sum at any point before the property is actually sold at a foreclosure sale" (NYCTL 1999-1 Trust v 573 Jackson Ave. Realty Corp., 13 NY3d 573, 579 [2009] [emphasis added]). This right "extends beyond the mortgagor to all who claim through or under him" (Mackenna v Fidelity Trust Co., 184 NY 411, 416 [1906]; see also 1-2 Bruce J. Bergman, Bergman on New York Mortgage Foreclosures § 2.01 [4] [r] ["Although most often the conception of redemption relates to the owner of the premises secured by the mortgage, the right to redeem extends to all persons holding any equitable or legal interest in the property derived from the mortgagor"]). Thus, as WaMu/JPMorgan is a subordinate lienor by virtue of a mortgage dated September 26, 2003 and recorded December 8, 2008 under Control No. 483360225 with the Westchester County Clerk, it is entitled to exercise the right of redemption in the subject property at any time prior to the sale of the property at a foreclosure sale and, therefore, the plaintiff is compelled to provide WaMu/JPMorgan with a payoff quote.

However, the branch of WaMu/JPMorgan's motion which seeks to stay the action is denied, as the plaintiff has not yet made a motion for a judgment of foreclosure and sale and, therefore, WaMu/JPMorgan can, upon receiving a payoff quote from the plaintiff, redeem its interest in the subject property without a need to disturb the underlying proceedings (see CPLR 2201).

Based upon the foregoing, it is hereby

ORDERED that the branch of the motion of the defendant Washington Mutual Bank, FA which seeks an order compelling the plaintiff to provide it with a payoff quote is granted, and the motion is otherwise denied; and it is further

ORDERED that the plaintiff shall provide a payoff quote to the defendant Washington Mutual Bank, FA within ten (10) days of service of this decision and order with notice of entry, and shall thereafter respond to any reasonable request for a payoff quote; and it is further

ORDERED that all other relief requested and not decided herein is denied.

This constitutes the decision and order of the court.

July 21, 2015