Issue of Sua Sponte Dismissals In Foreclosure Actions
A not so uncommon event in mortgage foreclosure actions is the dismissal of the case, or the compelling of some measure by the court, sua sponte, that is, on its own—without a motion having been made for that relief. The sheer reported volume of appellate division reversals of trial court sua sponte dismissals confirms that such occurrences are, if not definable as a problem, certainly an issue.
December 29, 2020 at 11:16 AM
11 minute read
Mortgage holders are subjected to peril. A not so uncommon event in mortgage foreclosure actions is the dismissal of the case, or the compelling of some measure by the court, sua sponte, that is, on its own—without a motion having been made for that relief. Whether it is because emotions can run especially high in the foreclosure arena (typically more so in the residential rather than the commercial case) or because pursuit of a foreclosure is laden with plateaus and ever changing requirements as to those stages, or a combination of the two, the fact is that the volume of reported cases addressing sua sponte dismissals is extensive. (Courts also issue other mandates sua sponte, but dismissal of the foreclosure action is far more prevalent and for obvious reasons, the more disturbing, at least to plaintiffs.)
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