No Eviction Permitted Where Occupant Not Shown Referee's Deed

September 17, 2013

LVT Number: #25006

Purchaser of a foreclosed property sued to evict property occupant, who had owned the building prior to the foreclosure. The occupant asked the court to dismiss the case, claiming that new owner had failed to exhibit the referee's deed. In a case of first impression, the court ruled for occupant and dismissed the case. The owner's petition stated that a certified copy of the deed had been exhibited to occupant. But the deed shown to occupant was the Special/Limited Warranty Deed dated June 12, 2012.

Purchaser of a foreclosed property sued to evict property occupant, who had owned the building prior to the foreclosure. The occupant asked the court to dismiss the case, claiming that new owner had failed to exhibit the referee's deed. In a case of first impression, the court ruled for occupant and dismissed the case. The owner's petition stated that a certified copy of the deed had been exhibited to occupant. But the deed shown to occupant was the Special/Limited Warranty Deed dated June 12, 2012. The deed from the foreclosure wasn't exhibited to occupant and the owner didn't satisfy the requirements of Real Property Actions and Proceedings Law (RPAPL) Section 713(5). New York courts require that a referee's deed be exhibited to an occupant. Attaching a copy of the referee's deed to the 10-day notice to quit served by "nail and mail" was insufficient to satisfy the requirement of exhibiting a deed under RPAPL Section 713(5).

IFS Properties LLC v. Willins: 2013 NY Slip Op 23273, 2013 WL 4082016 (Dist. Ct. Nassau; 8/14/13; Fairgrieve, J)

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