NO STOPPING THIS HOME FROM BEING SOLD
After the New York County Supreme Court denied ZL’s motion for a stay of the foreclosure sale and to be substituted in as the personal representative for the deceased borrower, an appeal was filed.
And on its review, the Appellate Division, First Department, noted that because the decedent defaulted on the note, and failed to comply with the terms of a stipulation of settlement prior to his demise, it thought the denial of the stay and intervention request were properly premised – particularly since the bank indicated that it would not be seeking a deficiency judgment against the borrower’s estate.
Was that motion DOA?
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DECISION