Appellate Win for Sarah J. Green in Real Estate Foreclosure Matter
By: Carter Conboy
Carter Conboy represents a lender of a real estate mortgage. In 2014, the firm commenced a residential foreclosure action as a result of a mortgagors’ default in payment. At the time of the entry of the Judgment of Foreclosure and Sale, the defendants/mortgagors had enjoyed mortgage-free occupancy of the foreclosed premises for over ten years.
After entry of the Judgment, the defendants-mortgagors moved the Court for a Stay of Enforcement of the Judgment of Foreclosure and Sale, pending a determination of their appeal to the Appellate Division, Second Department from the Judgment.
Sarah J. Green of Carter Conboy opposed the defendants’ application on several grounds, including that defendants’ appeal lacked arguable merit and was filed solely as a means to further delay her client’s recovery of the foreclosed premises, thereby extending defendants’ period of mortgage-free occupancy.
Ms. Green used the defendants’ tax returns, bank statements, and loan modification application to demonstrate that contrary to the statements in their sworn loan modification application, the defendants’ had the financial wherewithal to meet their obligations under the mortgage, but chose instead to engage in frivolous, irresponsible and extravagant spending at the plaintiff’s expense. Ms. Green also argued that the defendants’ had realized a benefit of well over $250,000 as a result of their mortgage default, much of which had been deposited into their 401k account.
Ms. Green’s arguments were successful and the Appellate Division, Second Department denied the defendants' appeal from the Judgement. Ms. Green was able to successfully demonstrate the willful nature of the defendants’ default and the tremendous benefits they reaped as a result thereof. Had the stay of enforcement been granted, which are routinely granted in the Second Department, the defendants’ would have been permitted to remain in the foreclosed premises for an additional 2-3 years pending the appeal. As such, the denial of defendants’ motion was a great success for our banking and finance client.
About Sarah J. Green
Sarah J. Green is an attorney at Carter Conboy. She practices in the areas of creditors’ rights law, bankruptcy, collections, banking and financial services law, real estate, and residential and commercial real property transactions. Sarah represents banks, credit unions, loan servicers, and other creditors in the collection of debt, recovery of loan collateral and resolution of title issues throughout the State of New York.
About Carter Conboy
Named a 'Best Law Firm' by U.S. News & World Report, Carter Conboy delivers a deep bench and a diversified practice to a legacy that spans nearly a century. Carter Conboy is a full-service law firm providing a broad range of legal services to businesses, corporations, government, professionals, and individuals in 20 industries and 40 specialized service areas. For more information about the firm and our legal services, visit carterconboy.com.
Stacy A. Smith