The plaintiff had brought a foreclosure lawsuit on a mortgage. All of the defendants other than Bank of America defaulted. They did not submit an answer to the summons and complaint. The plaintiff moved under court rules for an expedited proceeding. In some foreclosure actions to be eligible for an expedited procedure the plaintiff is required to waive a deficiency judgment.
No Referee Appointed
Justice Robert Quinian who sits in a foreclosure court in Suffolk County exercised his discretion to make decisions in this case without appointing a referee to compute the amount owed by the homeowner. The plaintiff in this case failed to directly provide a waiver and the court therefore could impose such a condition on the plaintiff if plaintiff’s application met statutory requirements.
More Than One Year Had Passed Since The Default
Justice Quinian found plaintiff’s motion was brought more than a year after the defendants defaulted in submitting an answer. Justice Quinian found there is a provision plaintiff could have alleged if they did not intend on abandoning the complaint, however the Judge did note that no attempt at providing a reasonable explanation for plaintiff’s delaying in an excess of one year was submitted. He therefore denied plaintiff’s motion and denied their ability to move forward with the default under the expedited procedures.
Elliot S. Schlisel, Esq. is the managing partner of Schlissel DeCorpo LLP. He is a foreclosure defense lawyer litigating cases throughout the Metropolitan New York area for more than 45 years. He can be reached for a free consultation at 800-344-6431 or e-mailed at Elliot@sdnylaw.com.
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