LOGS NETWORK
  • HOME
  • ABOUT
    • LOGS Legal Group
    • Korde & Associates
    • Janeway Law Firm
  • CAREERS
  • STATES
  • PRACTICES
  • SALES
  • CONTACT

Appellate Division Reverses Supreme Court Decision

1/4/2021

 
NEW YORK CASE LAW UPDATE
U.S. Bank N.A. v Auteri, ___AD3d___, 2021 NY Slip Op 00588 [2d Dept 2021]
On an appeal brought by the lender in a foreclosure action seeking review of an order by the Supreme Court that denied the lender’s motion to vacate a stay arising from an owner / borrower’s death and a default judgment against the surviving spouse / co-owner, the Appellate Division reversed, as the decedent’s ownership interest in the mortgaged premises automatically transferred to his surviving spouse by operation of law as they took title as tenants by the entirety, and the deceased borrower’s estate was no longer a necessary party to require substitution before the stay could be lifted as the lender elected not to pursue a deficiency judgment against his estate.

Comments are closed.
    Picture
    SIGN UP FOR UPDATES

    Archives

    September 2023
    July 2021
    June 2021
    March 2021
    February 2021
    January 2021
    December 2020
    August 2020
    May 2020
    April 2020

    Categories

    All
    Case Law
    CFPB
    Federal
    Florida
    Indiana
    Kentucky
    Maryland
    Minnesota
    Mississippi
    Network News
    New Jersey
    New York
    Ohio
    Pennsylvania
    Remote Notarizations
    State Law
    Virginia

    RSS Feed

​Contact Us   |   States of Service   |  Privacy
Website by SQFT.Management
Picture
© COPYRIGHT 2025. ALL RIGHTS RESERVED.
  • HOME
  • ABOUT
    • LOGS Legal Group
    • Korde & Associates
    • Janeway Law Firm
  • CAREERS
  • STATES
  • PRACTICES
  • SALES
  • CONTACT