Appellate Division, Second Department · October 14, 2026 · 2026 NY Slip Op 05925
Bank of N.Y. Mellon v DeLoney
Read the official decision: 2026 NY Slip Op 05925
Holding The defendant retained standing to defend the foreclosure action because the plaintiff sought a deficiency judgment against him despite his conveyance of the property. The court affirmed the judgment of foreclosure and sale, finding that the defendant failed to demonstrate a basis for vacating the summary judgment order.
The court’s words
A mortgagor who has made an absolute conveyance of all his or her interest in the mortgaged premises is not a necessary party to a foreclosure action unless a deficiency judgment is sought
2026 NY Slip Op 05925, at the official text
the defendant did not lack standing to defend the action
2026 NY Slip Op 05925, at the official text
he failed to demonstrate any basis for granting such relief
2026 NY Slip Op 05925, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 14, 2026 |
| Citation | 2026 NY Slip Op 05925 |
| Area of law | Real Property |
| Week | Week ending October 17, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05925 |
| 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 | 1162 |
Recommended citation
ESQ HQ, New York Law Watch, Bank of N.Y. Mellon v DeLoney, 2026 NY Slip Op 05925 (Appellate Division, Second Department, October 14, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05925/
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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