Foreclosures—Lender Did Not Abandon Foreclosure By Not Moving to Fix Defaults Within One Year—Lender Complied With Mortgage Foreclosure Conference Requirements and the “Stay” of All Motions Imposed By 22 NYCRR 202.12-a (c)(7)—Lack of Knowledge or Understanding of Legal Process, Inability to Read or Write English and Participation in Court Scheduled Settlement Conferences Are Not Reasonable Excuses for Failure to Serve an Answer or Otherwise Appear
A lender commenced a mortgage foreclosure action, alleging that the defendant had defaulted in her payment obligations. The defendant had been served with process. The action had been commenced by the filing of a summons and complaint on Sept. 13, 2010. In November 2011, the defendant was notified that a conference in the “specialized mortgage foreclosure part” was scheduled for Jan. 30, 2012. That conference was adjourned until April 16, 2012, in order to provide an interpreter for the defendant. After several conferences, the last of which occurred on Aug. 29, 2012, “the matter was marked as ‘not settled.’”
