RPAPL Arguments May be Waived: Case of Appellate First Impression
In a case of appellate first impression in New York, the Appellate Division, Second Department, held that a mortgagor cannot make a Real Property Actions and Proceedings Law (“RPAPL”) 1304 argument in opposition to a motion for Judgment of Foreclosure and Sale – even if that was pled as a defense in the mortgagor’s Answer – where the prior summary judgment motion was unopposed.
In Wells Fargo Bank, N.A. v. Harrigan,[1] after the lender…