Hudson City Sav. Bank v DePasquale, 189 AD3d 1558 (2d Dept. 2020)
On December 30, 2020, the Supreme Court of the State of New York Appellate Division, Second Department entered a Decision and Order reversing judgment of foreclosure and sale and remanding the matter back to the lower court for the purposes of having a hearing as the referee’s findings were not substantially supported by records that clearly described the amount owed.
This Decision allows the Borrowers the opportunity to contest the amount allegedly owed to the bank and potentially reduce said figure. Furthermore, the Decision permits the Borrowers to remain in the home that they have lived in for the last several decades without fear of an upcoming foreclosure sale.
The Firm’s team that represented the Borrowers was led by Brett M. Milchman.