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Action Brought to Foreclose on Property


The case deals with the estate of the decedent of which the distributees are unknown. The Supreme Court of the State of New York in Suffolk County is overseeing this particular matter.

Case Background

This action was commenced to foreclose a mortgage on real property located at 83 Orange Street, Central Islip, New York. The plaintiff filed a summons and complaint regarding this matter on the 14th of June, 2011.

On the 31st of May, 2007, the decedent executed an adjustable rate home equity conversion mortgage in the maximum principal amount of $544,185.00. The subject property was used as collateral for the home equity loan.

The decedent passed away on the 15th of February, 2009. A last will and testament dated the 17th of April, 2003 was left by the decedent. The will left half of his residuary estate after the payments of taxes and expenses, to each of the defendants. The defendants were the sole beneficiaries named in the will.

The will was admitted for probate and the letters of administration were issued to one of the defendants. The limited value of the estate was written about by the judge from the Surrogate’s court that issued the letters of administration.

An affidavit was issued by the defendant to the court that stated there were no unpaid debts of the decedent. A New York Probate Lawyer said he estimated the estate to be valued at $200,000. The Guardian Ad Litem for the unknown distributees filed a report consenting to the probate of the will. The Attorney General of the State of New York appeared in the probate hearing and did not object to any of the sought relief.

The plaintiff alleges that the mortgage was assigned before this action was commenced and that the plaintiff was the mortgagee of record and holder of the loan at the time that they commenced this action. Queens Probate Lawyers said the plaintiff further alleges that the money for the loan was advanced to the decedent and the defendants have failed to pay the remaining balance due.

The defendants deny all of the allegations made by the plaintiff and offer several counterclaims including failure to state a cause of action, statute of limitations, and that they have no privities or contractual relationship with the plaintiff.

Court Discussion and Decision

In this particular case the defendants answered the letters sent to them by the plaintiff. This shows that they were at least partially aware of the mortgage in question. Long Island Probate Lawyers said when reviewing all of the facts in this case the court orders a partial summary judgment in favor of the plaintiffs. A referee will be appointed to compute the amounts that are due under the subject mortgage and examine whether or not the subject premise should be sold as one parcel or in multiple parcels.

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