Legal Question in Civil Litigation in New York

forclosure

can a forclosure sale be stopped if the party was never fully served


Asked on 2/15/09, 1:05 am

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: forclosure

I do not know what you mean by "never fully served?" Is that like being partially pregnant? Either you were served with papers or not served with papers.

If you were not served with papers (in accordance with law), the Court does not have personal jurisdiction over the individual. Therefore, there would be grounds to dismiss the foreclosure action.

Mike.

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Answered on 2/15/09, 8:14 am


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