Advisories

Foreclosure Judgment Cannot Be Set Aside Where Moving Party Fails to Intervene and File a Pleading

A mortgage loan was unpaid and the lender obtained a judgment of foreclosure and sale. A non-party later filed an order to show cause seeking to prevent the sale, based on the assertion that a signature in the chain of title was suspicious.  However, the non-party had never sought, much less obtained, permission to intervene in the action and had not filed a pleading.  It had submitted only an affirmation from an attorney without personal knowledge of the facts.  The court held that under these circumstances there was no basis for it to set aside the judgment, and directed that the foreclosure sale would proceed.  Bank of America, NA v. Teglia, Index No. 50399/2009 (Sup. Ct. Suffolk Co. Jan. 17, 2018).  Ganfer Shore Leeds & Zauderer, LLP represented the successful party in this case.

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