In a foreclosure action where one of the Borrowers were deceased prior to the commencement of the action and dismissal of complaint would have very serious statute of limitation issues, ALBPC was able to win summary judgment for the Lender and defeat Borrower’s cross-motion for discovery and to amend her answer.
This action, commenced in 2009, was to foreclose a mortgage executed by two Borrowers. Only one of the Borrowers lived at the property. The second Borrower passed away prior to the Lender commencing the 2009 foreclosure action. The delay in this action was due mainly to substituting out the second Borrower and adding her heirs as proper party defendants.
ALBPC was able to convince the heirs to refrain from opposing our application for summary judgment, thereby effectively isolating the other Borrower. The remaining Borrower proffered an answer that contained 20 affirmative defenses regarding, among other things, the deceased co-borrower, failure to join a necessary party, standing, and the need for discovery.
ALBPC established its prima facie case, and effectively demonstrated that each affirmative defense was without merit. Additionally, ALBPC argued that Borrower’s request for discovery was without merit as the Borrower never served discovery demands, and that the Borrower was just attempting to further prolong the action. Borrower also requested that the Court allow her to amend her answer, for which ALBPC argued that they were both palpably insufficient and patently devoid of merit as the Borrower was attempting to amend her answer to say that she did not sign the note. However, it was undisputed that she was making payments on the mortgage for 15 years.
The Court ruled in favor of ALBPC’s motion and incorporated ALBPC’s arguments in its Order granting summary judgment for the lender and denying the Borrower’s cross-motion.
Danny Ramrattan, Esq. and another attorney of the Real Estate Litigation Group at Adam Leitman Bailey, P.C. secured this win for the Lender.