Judicial Insight

Everyday Law · Appellate Division of the Supreme Court of the State of New York

Sep 30, 2026 · 2024-11054 · Appeal

A bank representative and a homeowner face off in a front yard over a mortgage dispute.AI illustration

Years-old mortgage case makes a comeback. Should it?

A bank seeks to revive an old mortgage case against a homeowner.

TL;DR

  1. 1The bank started foreclosure against a homeowner in 2008, but the homeowner didn't fight it at first.
  2. 2Years later, the court dropped the case, calling it abandoned as banks must act fast.
  3. 3The bank says it didn't abandon the case and wants it back on the court calendar.

Appeal

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The bank's foreclosure was labeled abandoned. Should the case be reopened?

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