In a case handled by Shiryak, Bowman, Anderson, Gill, and Kadochnikov, Partner Mark Anderson and Senior Associate Matthew Routh successfully defend a case that underscores the importance of proper procedure in foreclosure actions.
The Plaintiff, a bank, filed a foreclosure action against an individual. However, the bank was unaware that the individual had passed away five years before the legal action was initiated.
Mark and Matthew argued that the case was entitled to dismissal as the Plaintiff failed to obtain personal jurisdiction as it sued a deceased individual. Ultimately, the court dismissed the case, citing that the Defendant “was deceased prior to commencement of this action and because no representative of her estate was appointed at the time,” as outlined in CPLR §1015(a).
Under CPLR §1015(a), if a party in a case dies and the claim survives, the court must substitute the appropriate representative to continue the action. When the rights or liabilities from a case apply only to the surviving parties, the case doesn’t end; it simply proceeds with the death noted in the record. In this situation, the court found that no estate representative had been appointed, so it lacked the jurisdiction to proceed against the deceased individual.
This ruling reinforces the importance of verifying the status of all parties in foreclosure actions to ensure compliance with legal standards and proper jurisdiction.
The decision can be read below.
Attorney Advertising: Prior results do not guarantee similar outcomes.