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Foreclosure of Home Involved in Probate


The plaintiff in this case is Financial Freedom Acquisition. The defendants in the case include Kevin J. Malloy, Esq. who is the guardian ad litem for the unknown distributees, heirs, and next of kin of the deceased, Howard Harris. This includes anyone that is interested in the estate of Howard Harris as the distributee or otherwise.

Orders of the Court

This is a notice of motion and cross motion in regard to the estate of the decedent Howard Harris. There have been papers filed, numbers one through 23 in this case.

A New York Probate Lawyer said this first order of the court is for a partial summary judgment in favor of the plaintiff and against the defendants Daniel Roochvarg and David Roochvarg. The joint answer supplied by the defendants is struck along with their affirmative defenses and counter claims.

The cross motion number 002 by the defendants, David and Daniel Roochvark for an order that denies the plaintiffs motion for a summary judgment with reference to compute is awarded in the favor of the defendants and against the plaintiffs and dismisses the complaint. The summary judgment on the counter claims is in favor of the defendants and against the plaintiff is denied.

The plaintiff has begun this action to foreclose on a property that is located on Orange Street in Central Islip, New York. The plaintiff filed a summons and complaint on the fourteenth of June, 2011. In May, 2007, the decedent had executed an adjustable rate home equity mortgage in the amount of $544,185. The agreement required the lender to advance the sum that was secured by the mortgage company to the borrower in intervals that were set forth in the agreement. The mortgage is due and payable upon the death of the borrower or when the borrower ceases to use the property as his primary residence.

Case Background

The decedent passed away on the 15th of February, in 2009. He left a last will and testament that was dated the seventeenth of April, 2003. The will left half of his estate to each of the defendants, David and Daniel Roochvang. The two were the sole beneficiaries of the will.

The petition for probate was filed and David Roochvarg stated while under oath that the decedent had no unpaid debts. The estimated value of the property was listed as $200,000.

The complaint that is made by the plaintiff states that the mortgage on the property was assigned before the probate action. Long Island Probate Lawyers said the plaintiff alleges that the defendants have failed to pay the balance that is due even though they provided notice of default after the death of the decedent. The defendants deny all of the allegations made by the plaintiff.

Final Decision

When reviewing the case the court has found that the defendants have failed to prove that they did not know about the default. In fact, Brooklyn Probate Lawyers said by answering for the remaining defendants in the case the defendants further establish default on the loan in question.

After careful consideration the court rules in favor of the plaintiff as stated above. All of the motions made by the defendants are denied. The court proposes an order to appoint a referee to compute the charges to be made to the plaintiff.

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