No Eviction Without Delivery of Deed on Foreclosed Property

September 10, 2012

LVT Number: #24338

After foreclosing on a house, lender sought eviction of its occupant. Occupant claimed that lender hadn’t personally presented him with a copy of the referee’s deed, so the case must be dismissed. Lender pointed out that it had attempted to deliver a copy of the deed to occupant and was able to do so only through “nail and mail” service. The court ruled for occupant and dismissed the case. Real Property Actions and Proceedings Law Section 713(5) required a lender to “personally exhibit” the referee’s deed. Substituted service was insufficient to satisfy the law’s requirement.

After foreclosing on a house, lender sought eviction of its occupant. Occupant claimed that lender hadn’t personally presented him with a copy of the referee’s deed, so the case must be dismissed. Lender pointed out that it had attempted to deliver a copy of the deed to occupant and was able to do so only through “nail and mail” service. The court ruled for occupant and dismissed the case. Real Property Actions and Proceedings Law Section 713(5) required a lender to “personally exhibit” the referee’s deed. Substituted service was insufficient to satisfy the law’s requirement.

U.S. Bank National Association v. Eichenholtz: 2012 NY Slip Op 22230, 2012 WL 3627365 (Just. Ct. Yorktown; 8/6/12; Lagonia, J)

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