Real Estate Mortgage Network, Inc. v Perez

Holding The death of a defendant in a foreclosure action automatically stays proceedings pending the substitution of a personal representative, rendering any subsequent court determinations a nullity. Consequently, the amended order and judgment of foreclosure and sale entered after the decedent’s death were invalid.

The court’s words

Generally, the death of a party divests a court of jurisdiction to act, and automatically stays proceedings in the action pending the substitution of a personal representative for the decedent

2026 NY Slip Op 05562, at the official text

Any determination rendered without such a substitution is ordinarily deemed a nullity

2026 NY Slip Op 05562, at the official text

the decedent's death did affect the merits of this action and triggered a stay of all proceedings in the action pending substitution of a legal representative

2026 NY Slip Op 05562, at the official text

Any determinations made by the Supreme Court after the decedent's death were a nullity, including the amended order and judgment of foreclosure and sale

2026 NY Slip Op 05562, at the official text