Legal Question in Real Estate Law in New York

Foreclosure on foreign diplomat's mortgage

If a foreign diplomat who does not currently have diplomatic immunity in this country gives a mortgage on his real property, and then obtains immunity in the U.S. at a later date, can the mortgage be foreclosed upon if the diplomat later defaults, or will his immunity protect him despite the prior lien?

Thank you.


Asked on 8/23/00, 6:09 pm

1 Answer from Attorneys
Dan Blumenthal Berkman Henoch Peterson & Peddy

Re: Foreclosure on foreign diplomat's mortgage

While this is a question which would require careful reading of the mortgage documents and some research, I believe an action could be brought as the foreclosure is "in rem" (against the property) not the person. Dependent on his diplomatic status, you might be barred from a deficiency judgment and, if he resides in the premises, you could evict but would have to do so in federal court. If you would like us to review the documents and discuss options, please call (516-780-0270).

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Answered on 9/29/00, 7:17 am


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