Wells Fargo Bank had brought a foreclosure proceeding in August 2013 against Grotzer. Grotzer died on January 22, 2013. He was the sole owner of the property and the only person who signed the note and mortgage. Wells Fargo brought an application in the Supreme Court requesting the appointment of a temporary estate administrator. They took this action to avoid going to the Surrogate’s Court to appoint an administrator of the decedent’s estate. Their action was for the sole purpose of continuing their lawsuit for foreclosure of the mortgage.
Justice James Pagones sitting in the Supreme Court of Dutchess County denied their request. The judge took the position that Wells Fargo should commence a proceeding in the Surrogate’s Court under Surrogate’s Court Procedure Act section 1001 with regard to this case. The shortcut Wells Fargo’s attorneys sought to take was inappropriate. Even though this might delay the foreclosure case somewhat Wells Fargo still had to follow the appropriate legal procedures to maintain their foreclosure lawsuit.
Elliot S. Schlissel is a foreclosure lawyer representing homeowners throughout the Metropolitan New York area. He regularly sues banks to set aside mortgages and help keep his clients in their homes.
