Real Property – Mortgages – Foreclosure – Civil Practice – Appeals – Clerk’s Findings

Real Property – Mortgages – Foreclosure – Civil Practice – Appeals – Clerk’s Findings (access required)

Haughton v. HSBC Banks USA, N.A. The complaint challenges (1) whether there was a valid debt of which the party seeking to foreclose was the holder and (2) whether there was a right to foreclose under the instrument; however, plaintiff’s failure to timely appeal from the order of sale entered in the special proceeding rendered those findings of fact by the clerk of court conclusive.

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