Order | Filed: August 21, 2026
Wells Fargo Bank, National Association v. Seodat et al
Real Property: Foreclosure | New York Eastern
Order
ORDER ADOPTING 42 AMENDED REPORT AND RECOMMENDATION:
Familiarity with the procedural history and background of this action is assumed herein. As particularly relevant here: (1) on November 10, 2025, Plaintiff filed a motion for defau lt judgment, see ECF No. 37, together with a proposed Judgment of Foreclosure and Sale, see ECF No. 37-1; (2) on June 1, 2026, Magistrate Judge Steven I. Locke issued a Report and Recommendation with respect to the motion for default ju dgment, see ECF No. 39; (3) on June 15, 2026, Plaintiff filed a letter raising an objection relating to the interest calculation in the Report and Recommendation, see ECF No. 41; (4) in light of the objection, on July 20, 2026, Judge Lo cke sua sponte issued an Amended Report and Recommendation (the "July 20, 2026 R&R"), see ECF No. 42; and (5) no objection to the July 20, 2026 R&R has been filed and the time for filing objections has passed, see generally docket.
The July 20, 2026 R&R recommended (1) that Plaintiff's motion for default judgment, ECF No. 37, be granted; (2) that Plaintiff's proposed Judgment of Foreclosure and Sale, ECF No. 37-1, be entered; (3) that Plaintiff be awarded $700,673.01 in monetary damages related to Defendants' default; (4) that Plaintiff be awarded $9,020.00 in attorneys' fees and costs; (5) that the description of the Property be reformed as described in the July 20, 2026 R &R; and (6) that the remaining unnamed John Doe Defendants be stricken from the caption. See July 20, 2026 R&R at 14.
A district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by th e magistrate judge." 28 U.S.C. § 636(b)(1). "Where no objection to a Report and Recommendation has been timely made, the district court need only satisfy itself that there is no clear error on the face of the record." M ay v. Levy, 659 F. Supp. 3d 323, 332 (E.D.N.Y. 2023) (quotation omitted).
Upon clear error review, the Court adopts the July 20, 2026 R&R. Accordingly, Plaintiff's motion for default judgment, ECF No. 37, is GRANTED; Plaintiff is awa rded the various amounts set forth in the July 20, 2026 R&R; the description of the Property shall be reformed as described in the July 20, 2026 R&R; Plaintiff's proposed Judgment of Foreclosure and Sale, ECF No. 37-1, is So Ordered (SEE ATTA CHED ORDER); and the Clerk of Court is directed to strike the remaining unnamed John Doe Defendants from the caption.
Plaintiff is directed to serve a copy of this Order on each Defendant and to file proof of service by August 25, 2026.
Ordered by Judge Diane Gujarati on 8/21/2026. (JLS)