Tarter Krinsky & Drogin’s client, a residential real estate investor, purchased a condominium unit at a foreclosure sale in 2008, following a judgment of foreclosure and sale granted by a state court.  In early 2009, the former owner filed a motion with the court to revoke the sale and the underlying judgment of foreclosure.  Tarter Krinsky & Drogin defeated the motion in August 2009 and protected the title of our client.

In recent months, courts have been reluctant to rule against borrowers because of the current economic climate and issues in the mortgage lending industry.  The ruling is significant because in spite of its sympathy for the former owner, the court upheld the validity of the foreclosure sale and the rights of the purchaser.

Edward R. Finkelstein, Counsel in the Litigation Practice, handled this matter for our client.