In the United States Court of Appeals FOR THE SECOND CIRCUIT

AUGUST TERM 2023 No. 23-546-cv

WINDWARD BORA LLC, Plaintiff-Counter-Defendant-Appellee,

v.

JOHN SOTOMAYOR, ALEXANDRIA LOAIZA, Defendants-Counter-Claimants-Appellants,

and AMERICAN EXPRESS CENTURION BANK, MIDLAND FUNDING LLC, DBA IN NEW YORK AS MIDLAND FUNDING OF DELAWARE, LLC, CAPITAL ONE BANK (USA), N.A., JOHN DOE, JANE DOE, Defendants.

On Appeal from the United States District Court for the Southern District of New York

ARGUED: JANUARY 9, 2024 DECIDED: AUGUST 28, 2024 Before: STEVEN J. MENASHI, SARAH A. L. MERRIAM, Circuit Judges, and STEPHEN A. VADEN, Judge. *

This diversity action is the third attempt to foreclose on the Appellants’ property. Partners for Payment Relief DE II, LLC (“Partners for Payment”), the predecessor-in-interest to