[*1]
Wilmington Sav. Fund Socy., FSB v Sposato
2025 NY Slip Op 50565(U) [85 Misc 3d 1257(A)]
Decided on April 10, 2025
Supreme Court, Westchester County
Jamieson, J.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on April 10, 2025
Supreme Court, Westchester County


Wilmington Savings Fund Society, FSB, D/B/A CHRISTIANA TRUST,
NOT INDIVIDUALLY BUT AS TRUSTEE FOR PREMIUM MORTGAGE ACQUISITION TRUST, Plaintiff,

against

Robert Sposato, LINDA SPOSATO, UNITED STATES OF AMERICA 0/B/0 INTERNAL REVENUE SERVICE, DCFS TRUST MERCEDES BENZ FINANCIAL, CITIBANK, N.A. and ALBERT SORANO, Defendants.




Index No. 65567/14


Knuckles, Komosinski et al.
Attorneys for Plaintiff
565 Taxter Rd., #590
Elmsford, New York 10523

Sherwood & Truitt Law Group, LLC
Attorneys for Stewart Title Insurance Company
300 Garden City Plaza, Suite 136
Garden City, New York 11530

Linda B. Sposato


Linda S. Jamieson, J.

The following papers numbered 1 to 5 were read on this motion:

Paper Number
Order to Show Cause, Affidavits and Exhibits 1
Affirmation and Exhibit in Opposition 2
Affirmation and Exhibits in Opposition 3
Affidavit and Exhibits in Reply 4
Reply Affidavit 5

There is an open motion before the Court filed by defendant Linda Sposato in this foreclosure action. Ms. Sposato, appearing pro se, appears to be seeking to have the Court vacate a Judgment of Foreclosure and Sale that it issued in January 2020. Over the years, Ms. [*2]Sposato has filed multiple motions, both with counsel and since she has become pro se; filed for bankruptcy five times; and had the Court (and the Appellate Division) cancel several foreclosure sales.

In February 2023, the Court ruled on two motions that Ms. Sposato filed, declining to vacate the Judgment of Foreclosure and Sale, stating that "This eight-year old foreclosure must come to its conclusion." Now this action is over ten years old, and Ms. Sposato has presented the Court with no new evidence or law to substantiate her claims of fraud, or otherwise give the Court any legal basis for the relief she seeks. The Court notes that although Ms. Sposato seems to have a serious problem with non-party Stewart Title Company, the title company which recorded the mortgage, the Order to Show Cause seeks no relief against it. Moreover, according to the title insurance policy, Ms. Sposato was not an insured under the policy.

While the Court is aware that Ms. Sposato is trying her best to save her home, the Court is bound by the applicable law. Accordingly, the Court has no choice but to deny the motion in its entirety.

The foregoing constitutes the decision and order of the Court.

Dated: April 10, 2025
White Plains, New York
HON. LINDA S. JAMIESON
Justice of the Supreme Court