NY bank loses foreclosure appeal after missing deadline and waiting six years
Deutsche Bank Trust Company Americas has failed to revive a foreclosure case against a New York couple after missing a court deadline in 2017. The case was dismissed in 2019 after the bank failed to act. It waited more than six years before seeking to reopen it but could not explain the delay. An appeals court upheld the rejection of its request.
Deutsche Bank Trust Company Americas lost an attempt to restart a home foreclosure case in New York after failing to meet a deadline and waiting six years to challenge the dismissal. The bank started legal proceedings against David and Marie Leis in Sullivan County, New York, over a loan secured by their residential property. However, the court warned the bank to file a required application by December 31, 2017, or the case could be dismissed.
The bank missed the deadline and the case was removed from the court calendar in January 2018. It remained inactive until February 2025 when the bank asked the court to reopen it. The Appellate Division, Third Department, upheld the court's decision to dismiss the case, noting the bank had not provided a convincing explanation for its failure to meet the deadline or wait over six years to challenge the dismissal. The court rejected the bank's other arguments as well, finding them unconvincing.
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