Scott Mollen, Partner at Herrick, Feinstein LLP Realty Law Digest
Scott Mollen discusses 'Wilmington Savings Fund Society v. 6 Turtle Knoll,' 'Locon Realty v. Safisas Corp.,' and 'Leya v. Kodicek.'
November 30, 2021 at 01:18 PM
14 minute read
Foreclosures—Since Subject Property Involved Investment Property Owned by an LLC, CEEFPA Is Inapplicable—Hardship Declaration Cannot Stop Foreclosure
This decision involved an action to foreclose a mortgage. The plaintiff had previously moved for summary judgment of foreclosure. That motion was granted upon the defendants' default. The defendants thereafter moved to vacate their default. That motion was denied as "wholly without merit." The plaintiff then moved for a judgment of foreclosure and sale. A defendant, as "purported mortgagor of the subject premises" (premises) filed a "hardship declaration" pursuant to the COVID-19 Emergency Eviction & Foreclosure Prevention Act, as amended effective Sept. 2, 2021 (CEEFPA).
The plaintiff rejected the hardship declaration on the ground that the "owner and mortgagor" of the premises is a limited liability company not a "natural person." The plaintiff then sought a declaratory judgment that CEEFPA is inapplicable to the subject case.
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