Foreclosure Process Clarification: No Pre-Foreclosure Notice Required to be Served on Appointed Estate Fiduciary for Deceased Borrowers
By EsqSocial Corporation 08/04/25
In a significant legal victory for lenders, the Supreme Court of New York recently ruled in favor of our lender client in a residential foreclosure action against the estate of its borrower. This decision confirms that statutory and contractual pre-foreclosure notices are not required when the borrower has passed away, and the estate administrator is not an obligor on the mortgage loan. This ruling not only clarifies the legal obligations of lenders but also sets a precedent that will influence...
By: Falcon Rappaport & Berkman LLP