Appellate Division, Second Department · September 2, 2026 · 2026 NY Slip Op 05165
Federal National Mortgage Association v Gooch
Read the official decision: 2026 NY Slip Op 05165
Holding The foreclosure action was a legal nullity because it was commenced against a deceased mortgagor rather than her estate’s personal representative. Subsequent amendments to substitute heirs or add defendants did not cure the jurisdictional defect or effectuate jurisdiction over the estate.
The court’s words
A party may not commence a legal action or proceeding against a dead person
2026 NY Slip Op 05165, at the official text
the action is a 'legal nullity,' insofar as asserted against the deceased mortgagor
2026 NY Slip Op 05165, at the official text
the instant action was a legal nullity insofar as asserted against Rodgers
2026 NY Slip Op 05165, at the official text
would not serve to effectuate jurisdiction over Rodgers's estate
2026 NY Slip Op 05165, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 2, 2026 |
| Citation | 2026 NY Slip Op 05165 |
| Area of law | Mortgage Foreclosure |
| Week | Week ending September 5, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05165 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 287 |
Recommended citation
ESQ HQ, New York Law Watch, Federal National Mortgage Association v Gooch, 2026 NY Slip Op 05165 (Appellate Division, Second Department, September 2, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05165/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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